summary
Introduced
01/14/2025
01/14/2025
In Committee
01/14/2025
01/14/2025
Crossed Over
Passed
Dead
Introduced Session
126th General Assembly
Bill Summary
Amend The South Carolina Code Of Laws By Enacting The "south Carolina Prenatal Equal Protection Act" By Adding Sections 16-3-6, 16-3-105, 16-3-106, 16-3-107, And 16-3-108 So As To Define "person" To Include An Unborn Child At Any Stage Of Development, And To Ensure That An Unborn Child Who Is A Victim Of Homicide Is Afforded Equal Protection Under The Homicide Laws Of The State, With Exceptions; By Adding Sections 16-3-760, 16-3-761, 16-3-762, And 16-3-763 So As To Define "person" To Include An Unborn Child At Any Stage Of Development And To Ensure That An Unborn Child Who Is A Victim Of Assault Is Afforded Equal Protection Under The Assault Laws Of The State, With Exceptions; And For Other Purposes.
AI Summary
This bill amends South Carolina law to define an "unborn child" as a person from the moment of fertilization (when a sperm fertilizes an egg), extending criminal protections for homicide and assault to include unborn children at all stages of development. The bill aims to provide equal legal protection for unborn children under the 14th Amendment and South Carolina Constitution, with specific provisions that include: allowing prosecution for crimes against unborn children, creating legal defenses for mothers who commit acts under threat of death or serious injury, exempting unintentional deaths during life-saving medical procedures or spontaneous miscarriages from criminal liability, and protecting healthcare providers from criminal prosecution for unintentional errors. The bill also includes a provision that allows witnesses to be compelled to testify in cases involving crimes against unborn children without risking self-incrimination, and specifies that the law only applies to conduct committed after the bill's effective date. The legislation explicitly states its purpose as protecting "preborn persons" and ensuring that criminal and civil laws treat unborn children with the same legal protections as born persons, while also seeking to remove potential legal provisions that might pressure a pregnant woman to have an abortion.
Committee Categories
Justice
Sponsors (11)
Robert Harris (R)*,
Thomas Beach (R),
Mike Burns (R),
Bill Chumley (R),
Stephen Frank (R),
William Huff (R),
John Lastinger (R),
Steven Long (R),
Josiah Magnuson (R),
Luke Rankin (R),
Blake Sanders (R),
Last Action
Member(s) request name added as sponsor: Lastinger (on 01/21/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=3537&session=126&summary=B |
| Fiscal Note - H3537 2026-02-17 Updated | https://www.scstatehouse.gov/sess126_2025-2026/fiscalimpactstatements/H3537%202026-02-17%20updated.pdf |
| Fiscal Note - H3537 2025-01-14 Introduced | https://www.scstatehouse.gov/sess126_2025-2026/fiscalimpactstatements/H3537%202025-01-14%20introduced.pdf |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/3537_20241205.htm |
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