COLUMBIA, S.C. — A House bill that potentially could sentence a woman to death for having an abortion has very low odds, or maybe no chance, of actually passing, South Carolina legislative leaders say.
A bill proposed by state Rep. Rob Harris, R-Spartanburg, a freshmen member who is part of the conservative Freedom Caucus, would allow a person having an abortion to be punished like any murder, leading to sentences of 30 years in prison up to the death penalty.
The bill explicitly exempts from prosecution a woman who receives an abortion if “she was compelled to do so by the threat of imminent death or great bodily injury.”
However, both chambers this year have already passed versions of an abortion ban in response to the U.S. Supreme Court’s Dobbs decision, overturning Roe v. Wade.
The House adopted the Human Life Protection Act, which bans abortion from the point of conception, but includes exceptions for rape, incest, health of the mother and fatal fetal anomalies.
“That bill erred on the side of women not being prosecuted in any way if they take what I would call the tragic decision of terminating the life of their unborn child,” said state Rep. John McCravy, R-Greenwood. “It does have consequences for doctors who perform illegal abortions. But women are often the victims. They’re often victims of boyfriends, victims of crimes, and we don’t want to prosecute women in any way. We want to err on the side of mercy.”
The Senate also earlier this year adopted a ban after six weeks with the same four exceptions designed to specifically respond to a state Supreme Court decision striking down the state’s fetal heartbeat law because it violated the constitution’s right to privacy.
Senate Majority Leader Shane Massey, R-Edgefield, also said Harris’ bill has zero chance of passing.
The two chambers have not been able to agree on when an abortion ban should go into place, leaving the state’s ban after 20 weeks in place.
House Majority Leader Davey Hiott, R-Pickens, said the House doesn’t have the appetite to take up another abortion-related bill. Debates on abortion have been emotional and have exposed a divide within the GOP caucus of what exceptions to include in an abortion ban.
“I think the bill we passed was a very fair bill that this House felt like we stated that life begins at conception,” Hiott said.
Every year, thousands of bills are filed by lawmakers, but most don’t reach the finish line to become law.
McCravy said he wouldn’t favor allowing Harris’ bill to even have a hearing.
“I think it’s an extreme view that does not represent the majority of House members,” McCravy said of Harris’ bill. “It doesn’t represent a majority of the Family Caucus or the Republican Caucus. I think it’s an extreme position.”
