The death or injury of a fetus in South Carolina will be charged as a
separate crime under a new law being billed as victims' rights legislation.
While the legislation drew praise from anti-abortion supporters, abortion
rights advocates say it erodes a woman's right to have an abortion. The Palmetto
State is 30th in the nation to adopt the legislation that considers violence to
a pregnant woman a crime committed against both the mother and fetus -
whether or not the attacker knows the victim is pregnant.
The law is modeled after the Unborn Victims of Violence Act that President
Bush signed in 2004. The national law applies only to federal crimes and violent
acts committed on federal property.
"It doesn't make sense in a case where a pregnant woman is assaulted that the
perpetrator not be prosecuted for both crimes that were committed," said Joel
Sawyer, spokesman for Gov. Mark Sanford.
Sanford signed the legislation Friday in a special ceremony, although the law
took effect June 2. It was approved by the Senate in March and in May by the
House, which voted 81-18.
Similar state legislation has been considered several times in the past, but
the difference this time, Senate President Pro Tem Glenn McConnell said, is that
the bill did not get into the debate over what constitutes a life.
"It puts an additional tool in law enforcement's hands," said McConnell,
R-Charleston. "An unborn child has no ability to defend themselves. I have a
strong belief that murderers not walk out of prisons until victims walk out of
cemeteries."
Holly Gatling, executive director of South Carolina Citizens for Life, said
the law is a victory for anti-abortion groups because it provides legal
protection to a fetus at all stages of development. Previously, charges against
a person could only be considered if the fetus was old enough to survive outside
the womb.
"I am elated," she said.
Christopher Hollis, vice president for governmental and political affairs for
Planned Parenthood Health Systems, said language in the legislation that
protects a doctor performing an abortion from conviction could easily be removed
if the Roe v. Wade abortion case were ever overturned.
"It's being sold as a victims' right bill," Hollis said. "That is not the
intent here. It erodes away a woman's right to choose."
Charleston County Assistant Solicitor Nathan Williams said the law is a
service to victims.
"The issue should not be pro-life or pro-choice," he said. "The issue is
really about violence and non-violence. We protect vulnerable individuals across
the board whether they are elderly or children."
New S.C. laws
Although most legislation goes into effect when the governor signs it, South
Carolina will have several new laws on the books starting today. Some
highlights:
Jessica's Law: Some child molesters will face the death penalty under this
law named for Jessica Lunsford, a young girl in Florida who was raped and
killed. A convicted sex offender is charge. Capital punishment will apply in
cases when a sex offender is convicted for a second time of raping a child
younger than 11.
Tax credits for renovations: Tax incentives are available for the renovation,
improvement and redevelopment of retail facilities sites that have been
abandoned for at least a year.
Bingo: Playing bingo just got more expensive. The state Department of Revenue
will charge up to 10 cents per dollar for each bingo card sold.
Other states
In the nation, laws crafted during this year's sessions begin to take effect
today while others will wait until Jan. 1 or 90 days after passage. Here's a
roundup:
Idaho: Can pass along sex offenders' names and addresses to radio stations.
Nevada will put offenders' addresses, work and school locations on the Web.
Florida: Dogs can eat with their owners at restaurants under the new "Doggie
Dining" law but only in designated outdoor areas and if approved by local
authorities.
Reach Yvonne M. Wenger at 745-5891 or ywenger@postandcourier.com.
