H 3697 General Bill, By Davenport and Delleney

Similar(S 313, H 3284, H 3815)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5
 TO CHAPTER 1, TITLE 1 SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA"
 WHICH ESTABLISHES THAT THE RIGHT TO LIFE FOR EACH BORN AND PREBORN HUMAN BEING
 VESTS AT FERTILIZATION, AND THAT THE RIGHTS OF DUE PROCESS AND EQUAL
 PROTECTION, GUARANTEED BY ARTICLE I, SECTION 3 OF THE CONSTITUTION OF THIS
 STATE, VEST AT FERTILIZATION FOR EACH BORN AND PREBORN HUMAN PERSON; AND TO
 DEFINE "HUMAN BEING" OR "HUMAN PERSON" AS EVERY MEMBER OF THE SPECIES HOMO
 SAPIENS AT ALL STAGES OF LIFE, INCLUDING AT FERTILIZATION.

   03/13/07  House  Introduced and read first time HJ-44
   03/13/07  House  Referred to Committee on Judiciary HJ-45

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 1, TITLE 1 SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO LIFE FOR EACH BORN AND PREBORN HUMAN BEING VESTS AT FERTILIZATION, AND THAT THE RIGHTS OF DUE PROCESS AND EQUAL PROTECTION, GUARANTEED BY ARTICLE I, SECTION 3 OF THE CONSTITUTION OF THIS STATE, VEST AT FERTILIZATION FOR EACH BORN AND PREBORN HUMAN PERSON; AND TO DEFINE "HUMAN BEING" OR "HUMAN PERSON" AS EVERY MEMBER OF THE SPECIES HOMO SAPIENS AT ALL STAGES OF LIFE, INCLUDING AT FERTILIZATION.

Whereas, the General Assembly, under Article III, Section 1A of the Constitution of the State of South Carolina, 1895, is empowered to assemble to make new laws, as the common good may require; and

Whereas, Article I, Section 3 of the Constitution of the State of South Carolina, 1895, guarantees that no person may be deprived of life, liberty, or property without due process of law or denied the equal protection of the laws; and

Whereas, the General Assembly in the exercise of its constitutional powers and in carrying out its duties and responsibilities under the law finds it necessary and proper to ensure that the rights of its citizens extend to each newly born and preborn human person. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 1, Title 1 of the 1976 Code is amended by adding:

"Article 5

Section 1-1-310.    This article may be cited as the 'Right to Life Act of South Carolina'.

Section 1-1-320.    (A)    The right to life for each born and preborn human being vests at fertilization.

(B)    The rights guaranteed by Article I, Section 3 of the Constitution of this State, that no person shall be deprived of life without due process of law, nor shall any person be denied the equal protection of the laws, vest at fertilization for each born and preborn human person.

(C)    For purposes of this section 'human being' or 'human person' includes each and every member of the species homo sapiens at all stages of life, including, but not limited to, at fertilization, or other moment at which an individual member of the human species comes into being."

SECTION    2.    This act takes effect upon approval by the Governor.