South Carolina ‘Unborn Child Protection from Dismemberment Abortion Act’ (H 3182)

This law was last updated on Jan 31, 2019


This law is Anti–Choice Model Bill

State

South Carolina

Number

H 3182

Status

Proposed

Proposed

Jan 8, 2019

Topics

Dilation and Evacuation Bans

Full Bill Text

www.scstatehouse.gov

H 3182 would make it a felony for a person to knowingly perform or attempt to perform a “dismemberment abortion” unless it is necessary to prevent serious health risk to the pregnant person.

The bill defines “dismemberment abortion” to mean:

[…]with the intention of causing the death of an unborn child, knowingly to dismember a living unborn child and extract him or her one piece at a time from the uterus through use of clamps, grasping forceps, tongs, scissors or similar instruments that, through the convergence of two rigid levers, slice, crush, and/or grasp a portion of the unborn child’s body to cut or rip it off.

A physician who knowingly performs such a procedure would be guilty of a felony and, upon conviction, be fined $10,000 and/or imprisoned for two years.


This law targets a procedure known as dilation and evacuation (D and E), which is frequently used during second-trimester abortions. According to the American Congress of Obstetricians and Gynecologists, an abortion using suction aspiration can be performed up to 14 weeks’ gestation, but after 14 weeks the D and E procedure must be used to perform an abortion. As such, dilation and evacuation bans, depending upon their language, may ban all surgical abortion past 14 weeks’ gestation. (Source.)


Related Legislation

Based on model legislation drafted by the National Right to Life Committee.

Identical to H 3779.

Similar to S 564 (2018), H 3548 (2017), H 4634 and S 531 (2016); all of which failed to pass.


Latest Action

12/18/18 – Prefiled.

1/8/19 – Introduced; referred to Committee on Judiciary.


People