South Carolina ‘Dismemberment Abortion’ Ban (S 564)
This law was last updated on Dec 19, 2018
S 564 would prohibit a physician from knowingly performing a “dismemberment abortion” and thereby killing an “unborn child” unless it is necessary to prevent serious health risk to the life of the pregnant patient.
The bill defines “dismemberment abortion” to mean:
[…]with the intent to cause the death of a human fetus, the dismemberment of a living human fetus and extraction one piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp a portion of the unborn child’s body to cut or rip it off, including the use of suction to extract fetal parts after the death of the unborn child resulting from a method described in this item.
A physician who knowingly performs such a procedure would be guilty of a felony and, upon conviction, be fined at least $5,000 and/or imprisoned for at least five 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.)
Based on model legislation drafted by the National Right to Life Committee.
Similar to H 3548.
- National Right to Life Committee — Drafted Model Law