Bill > S0783

This bill, titled the "South Carolina Prenatal Equal Protection Act," proposes to amend South Carolina law to define "person" to include an unborn child at any stage of development from fertilization until birth, thereby extending legal protections under homicide and assault laws to unborn children. Specifically, it creates new provisions that would allow for prosecution if an unborn child is the victim of homicide or assault, with certain exceptions. These exceptions include situations where the mother is compelled to act by the threat of imminent death or great bodily injury, or in cases of unintentional death resulting from life-saving procedures for the mother or a spontaneous miscarriage (a natural or accidental termination of pregnancy). The bill also clarifies that mistakes or unintentional errors by licensed healthcare providers in such situations will not lead to criminal liability, and it provides a mechanism for compelling testimony in cases involving an unborn child victim, while granting immunity to the testifying witness from prosecution for the act they testify about, except for perjury. The act is prospective, meaning it applies only to conduct occurring after its effective date, and it supersedes existing laws related to prenatal homicide or assault to the extent they conflict with these new provisions.