Despite pleas to not proceed from a lawmaker who originally supported a near-total abortion ban, the South Carolina House of Representatives approved a bill, HB 5399, on Tuesday that outlaws abortion at almost every stage of pregnancy with the exception of some cases of rape or incest. The amendment for making an exception for rape and incest was added at the last minute. It considers cases up to 12 weeks after conception and requires reporting to law enforcement. According to the Associated Press, lawmakers previously considered no exceptions for rape and incest in the abortion ban, but that version of the bill was rejected.
In addition to rape and incest exceptions, the bill would also allow exceptions in order to prevent the death of the pregnant person, the substantial risk of death for the pregnant person because of a physical condition, or "the substantial physical impairment of a major bodily function of the pregnant woman."
Several medical conditions posing a risk to pregnant people are listed under the bill as considerations, including a molar pregnancy, ectopic pregnancy, severe preeclampsia, and miscarriage.
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But of course, the bill also lists the charges associated with those who violate it. According to the bill, those who violate the law could face a felony charge punishable by a $10,000 fine and up to two years in prison. Additionally, abortion providers could have their licenses revoked, and state attorneys can pursue legal action against abortion providers to obtain statutory damages of $10,000.
The bill’s advancement follows the viral story of a teen who nearly lost her uterus due to abortion bans present in her state. In a video shared several times on social media, South Carolina lawmaker Neal Collin noted the consequences the state's fetal abortion law—which he voted for—had on a young woman.
Collin shared the story during a House Judiciary Committee meeting discussing a proposed near-total abortion ban that would not include exceptions for pregnancies caused by rape or incest.
Prior to this bill, the South Carolina Supreme Court temporarily blocked the state's six-week abortion ban from being enforced. As a result of a Planned Parenthood lawsuit that says the ban is an unreasonable invasion of privacy under the state constitution, South Carolina’s abortion ban is temporarily set to 20 weeks.
That law once called the “fetal heartbeat law" banned abortion as early as four weeks.
According to CNN, before being sent to the state Senate, the state House will hold another reading on the bill.
Despite it only being two months since the United States Supreme Court overturned Roe v. Wade, at least 13 states have enacted “trigger laws,” which are designed to outlaw most abortions.
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