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Current Status Bill Number:View additional legislative information at the LPITS web site.3693 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010312 Primary Sponsor:Campsen All Sponsors:Campsen, Cato, Delleney, Easterday, Hamilton, Leach, Robinson, White, Cooper, Simrill, Klauber, Owens, Gilham, Talley, Loftis Drafted Document Number:l:\council\bills\swb\5035djc01.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Date of Last Amendment:20010510 Subject:Unborn Victims Act of 2001, unborn child defined person for civil, criminal offenses; Minors, Medical, Abortion, Crimes History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010522 Introduced, read first time, 11 SJ referred to Committee House 20010522 Read third time, sent to Senate House 20010517 Read second time House 20010516 Debate adjourned until Thursday, 20010517 House 20010510 Amended, debate interrupted by adjournment House 20010510 Co-Sponsor added (Rule 5.2) by Rep. Loftis House 20010509 Debate adjourned until Thursday, 20010510 House 20010509 Co-Sponsor added (Rule 5.2) by Rep. Talley House 20010501 Request for debate withdrawn by Representative Merrill Law Sharpe Davenport J.R. Smith Leach House 20010426 Co-Sponsor added (Rule 5.2) by Rep. Gilham House 20010424 Co-Sponsor added (Rule 5.2) by Rep. Klauber Owens House 20010419 Request for debate withdrawn by Representative Simrill House 20010419 Co-Sponsor added (Rule 5.2) by Rep. Simrill House 20010418 Request for debate by Representative Whipper J.E. Smith Moody- Lawrence Cotty Breeland R. Brown Gourdine Miller Emory Campsen Fleming W.D. Smith Limehouse Simrill Law Hamilton Davenport Merrill J.R. Smith Sharpe Leach Whatley House 20010417 Co-Sponsor added (Rule 5.2) by Rep. Cooper ------ 20010411 Scrivener's error corrected House 20010411 Co-Sponsor added (Rule 5.2) by Rep. White House 20010410 Committee report: Favorable with 25 HJ amendment House 20010312 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on April 10, 2001 - Word format Revised on April 11, 2001 - Word format Revised on May 10, 2001 - Word format Revised on May 17, 2001 - Word format
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 17, 2001
H. 3693
Introduced by Reps. Campsen, Cato, Delleney, Easterday, Hamilton, Leach, Robinson, White, Cooper, Simrill, Klauber, Owens, Gilham, Talley and Loftis
S. Printed 5/17/01--H.
Read the first time March 12, 2001.
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) 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. However, nothing in this section may be construed to 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) Nothing in this section may be construed to apply to or infringe upon a pregnant female's constitutional right to privacy, or a pregnant female's right to a lawful abortion.
(C) Nothing in this section may be construed to 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.
(D) No pregnant female may be subject to a civil suit under this section for acts affecting her unborn child, except in the case of illegal drug use.
(E) No person or health care provider may be subject to a civil suit under this section for conduct relating to or arising out of the performance of a lawful abortion.
(F) No person or health care provider may be subject to a civil suit 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 devises."
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 may be construed to apply to or infringe upon a pregnant female's right to a lawful abortion.
(C) Nothing in this section may be construed to 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.
(D) No pregnant female may be prosecuted under this section for acts affecting her unborn child, except in the case of illegal drug use.
(E) No person or health care provider may be prosecuted under this section for conduct relating to or arising out of the performance of a lawful abortion.
(F) No person or health care provider 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 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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