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House panel approves bill with penalties for harming fetus

Published Wednesday, May 10, 2006
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COLUMBIA, S.C. (AP) - A bill that would create a separate criminal offense for harm done to a fetus during a crime is heading to the House Judiciary Committee.

The Senate bill was approved by the Judiciary Criminal Laws subcommittee Wednesday night.

The legislation says that it will not affect a woman's right to terminate a pregnancy.

The bill would put on state books a law similar to what's been in effect federally since 2004.

It applies to a fetus in any stage of development after conception. People could not face the death penalty solely for killing a fetus.

Rep. Doug Jennings, D-Bennettsville, had supported the legislation, but said he'll work against it unless it is broadened to allow lawsuits.

Similar legislation has died because that language was included in the past, said Holly Gatling, executive director of South Carolina Citizens for Life.

Rep. Seth Whipper, D-Charleston, said the bill's approach is off. He says it would make more sense to simply increase the penalties for crimes that harm pregnant women. The bill as it is written will leave prosecutors fighting to prove that a suspect's actions harmed the fetus.

The bill likely will be heard by the full House Judiciary Committee next week.

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