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COMMITTEE REPORT
May 12, 2004
H. 3780
Introduced by Reps. Simrill, Haskins, Cato, Clemmons, Davenport, Hamilton, Keegan, Littlejohn, Owens, Sandifer, Sinclair, Vaughn, Viers, Talley and Delleney
S. Printed 5/12/04--S.
Read the first time May 19, 2003.
To whom was referred a Bill (H. 3780) to enact the "Unborn Victims Act" including provisions to amend Chapter 5, Title 15, Code of Laws of South Carolina, 1976, relating to parties in connection, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. This act may be cited and referred to as the "Unborn Victims Act of 2004".
SECTION 2. Article 1, Chapter 5, Title 15 of the 1976 Code is amended by adding:
"Section 15-5-5. For purposes of a civil cause of action, 'person' includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 3. Article 1, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-90. (A) For purposes of offenses arising out of the unlawful killing or battery of a 'person' or of 'another' in this chapter, the terms 'person' and 'another' include an unborn child at every stage of gestation in utero from conception until live birth.
(B)(1) Nothing in this section shall be construed to:
(a) infringe upon a pregnant female's right to a lawful abortion; or
(b) apply to a medical procedure performed by a physician or other licensed health care provider at the request of a pregnant female or her legal guardian, a medical procedure for which consent is implied by law or is not required by law, or to the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices.
(C) A pregnant female must not be prosecuted under this section for acts affecting her unborn child, except in the case of unlawful drug use.
(D) No health care provider or his agent or employee may be prosecuted under this section for conduct relating to or arising out of the performance of a lawful abortion.
(E) No health care provider or his agent or employee may be prosecuted under this section for acts performed in the process of providing medical treatment to a pregnant female or her unborn child, or for the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices."
SECTION 4. Section 50-21-10(20) of the 1976 Code, as last amended by Act 124 of 1999, is further amended to read:
"(20) 'Person' means an individual, a partnership, a firm, a corporation, an association, or other legal entity. For purposes of offenses arising out of the death or injury of a 'person' in this article, the term 'person' also includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 5. Article 1, Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-185. For purposes of offenses arising out of the death or injury of a 'person' in this article, the term 'person' includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 6. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2915. For purposes of offenses arising out of the death or injury of a 'person' in this article, the term 'person' includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 7. The repeal or amendment by this act of a law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish a penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision so expressly provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 8. If a section, or provision of this act is held by a court of competent jurisdiction to be unconstitutional or invalid, it does not affect the remaining provisions of this act and all provisions of this act are severable from other provisions.
SECTION 9. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
JAMES H. RITCHIE, JR. MAGGIE W. GLOVER
For Majority. For Minority.
EXPLANATION OF IMPACT:
The Department of Health and Human Services (DHHS), the Department of Health and Environmental Control (DHEC), Judicial Department, and the Department of Corrections have indicated this bill would have no impact or minimal fiscal impact. DHHS reports that the bill would have no fiscal impact on the Medicaid program due to exceptions provided for legal abortions. DHEC indicated there would be minimal cost involved in the Vital Records Office if it had to create records for unborn children.
Approved By:
Don Addy
Office of State Budget
TO ENACT THE "UNBORN VICTIMS ACT" INCLUDING PROVISIONS TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTIES IN CONNECTION WITH CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT, FOR PURPOSES OF A CIVIL CAUSE OF ACTION, "PERSON" INCLUDES AN UNBORN CHILD, AND TO FURTHER PROVIDE FOR LIMITATIONS ON THE APPLICABILITY OF THIS SECTION; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND BY ADDING SECTION 50-21-185 TO FURTHER PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited and referred to as the "Unborn Victims Act".
SECTION 2. Article 1, Chapter 5, Title 15 of the 1976 Code is amended by adding:
"Section 15-5-5. (A)(1) For purposes of a civil cause of action, 'person' includes an unborn child at every state of gestation in utero from conception until live birth.
(2) Nothing in this section may be construed to:
(a) abridge, alter, amend, or supplant the common law or statutory laws of South Carolina regarding civil actions for medical malpractice or wrongful death brought against medical professionals on account of acts of omission or commission occurring during the course of providing medical services or treatment;
(b) apply to or infringe upon a pregnant female's constitutional right to privacy, or a pregnant female's right to a lawful abortion;
(c) apply to a medical procedure performed by a physician or other licensed health care provider at the request of a pregnant female or her legal guardian, any medical procedure for which consent is implied by law or is not required by law, or to the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices.
(B) A pregnant female is not subject to a civil suit under this section for acts affecting her unborn child, except in the case of illegal drug use.
(C) A person or health care provider is not subject to a civil suit under this section for:
(1) conduct relating to or arising out of the performance of a lawful abortion;
(2) acts performed in the process of providing medical treatment to a pregnant female or her unborn child, or for the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices."
SECTION 3. Article 1, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-90. (A) For purposes of all offenses arising out of the unlawful killing or battery of any 'person' or of 'another' in this chapter, the terms 'person' and 'another' include an unborn child at every stage of gestation in utero from conception until live birth.
(B)(1) Nothing in this section may be construed to apply to:
(a) or infringe upon a pregnant female's right to a lawful abortion;
(b) a medical procedure performed by a physician or other licensed health care provider at the request of a pregnant female or her legal guardian, a medical procedure for which consent is implied by law or is not required by law, or to the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices.
(C) A pregnant female may not be prosecuted under this section for acts affecting her unborn child, except in the case of illegal drug use.
(D) A person or health care provider may not be prosecuted under this section for conduct relating to or arising out of the performance of a lawful abortion.
(E) A person or health care provider may not be prosecuted under this section for acts performed in the process of providing medical treatment to a pregnant female or her unborn child, or for the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices."
SECTION 4. Section 50-21-10(20) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(20) 'Person' means an individual, a partnership, a firm, a corporation, an association, or other legal entity. For purposes of all offenses arising out of the death or injury of any 'person' in this article, 'person' also includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 5. Article 1, Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-185. For purposes of all offenses arising out of the death or injury of any 'person' in this article, the term 'person' includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 6. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2915. For purposes of all offenses arising out of the death or injury of any 'person' in this article, the term 'person' includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 7. If any section, or provision of this act is held by a court of competent jurisdiction to be unconstitutional or invalid, it does not affect the remaining provisions of this act and all provisions of this act are hereby declared to be severable from other provisions.
SECTION 8. The repeal or amendment by this act, of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 9. This act takes effect upon approval by the Governor.
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