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Current Status Bill Number:View additional legislative information at the LPITS web site.3863 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990407 Primary Sponsor:Campsen All Sponsors:Campsen, Altman, Barrett, Beck, Davenport, Delleney, Easterday, Gilham, Hamilton, Haskins, Klauber, Leach, Loftis, Mason, Rice, Robinson, Sharpe, Simrill, R. Smith, Taylor, Vaughn, Hawkins, Knotts Drafted Document Number:l:\council\bills\psd\7333djc99.doc Residing Body:Senate Date of Last Amendment:20000224 Subject:Minors, unlawful killing or battery of unborn child, penalties; Crimes and Offenses, DUI, Motor vehicles, Watercraft History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000530 Scrivener's error corrected Senate 20000525 Recalled from Committee, 11 SJ placed on the Calendar Senate 20000302 Committed to Committee 11 SJ Senate 20000302 Recalled from Committee 04 SED Senate 20000301 Introduced, read first time, 04 SED referred to Committee House 20000229 Read third time, sent to Senate ------ 20000225 Scrivener's error corrected House 20000224 Amended, read second time House 20000224 Co-Sponsor added (Rule 5.2) by Rep. Hawkins Knotts House 20000217 Request for debate by Representative Cobb-Hunter Moody- Lawrence Martin Gourdine Clyburn Hosey Govan Lloyd J.H. Neal Easterday Breeland Miller R. Smith Seithel Whipper Lee Davenport F. Smith Cato Haskins Leach J. Hines Barrett Rhoad House 20000215 Committee report: Favorable with 25 HJ amendment House 19990407 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on February 15, 2000 - Word format Revised on February 24, 2000 - Word format Revised on February 25, 2000 - Word format Revised on May 25, 2000 - Word format Revised on May 30, 2000 - Word format
Indicates Matter Stricken
Indicates New Matter
RECALLED
May 25, 2000
H. 3863
Introduced by Reps. Campsen, Altman, Barrett, Beck, Davenport, Delleney, Easterday, Gilham, Hamilton, Haskins, Klauber, Leach, Loftis, Mason, Rice, Robinson, Sharpe, Simrill, R. Smith, Taylor, Vaughn, Hawkins and Knotts
S. Printed 5/25/00--S. [SEC 5/30/00 5:23 PM]
Read the first time March 1, 2000.
EXPLANATION OF IMPACT:
The South Carolina Judicial Department forecasts a minimal impact to the General Fund of the State should this proposed legislation be enacted. The agency also states that the minimal impact can be absorbed within the agency's current funding levels. However, should the number of new offenses substantially increase beyond what can be absorbed by the current pool of circuit court judges, additional appropriations will be requested.
Approved By:
Don Addy
Office of State Budget
TO AMEND ARTICLE 1, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, 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.
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. 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 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) Nothing in this section applies to a mother's right to privacy, to a lawful medical procedure performed by a physician or other licensed medical professional at the request of the mother of an unborn child or the mother's legal guardian, or to the lawful dispensation or administration of lawfully prescribed medication."
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 50-21-180. 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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