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H. 3958
STATUS INFORMATION
General Bill
Sponsors: Reps. Ceips, Loftis, Duncan, Bailey, Coates, Delleney, Hamilton, Herbkersman, Leach, Littlejohn, Mahaffey, McCraw, Owens, M.A. Pitts, Rice, G.R. Smith, Talley, Taylor, Walker and Young
Document Path: l:\council\bills\ms\7429ahb05.doc
Companion/Similar bill(s): 479
Introduced in the House on April 19, 2005
Currently residing in the House Committee on Judiciary
Summary: Unborn Victims Act of 2005
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/19/2005 House Introduced and read first time HJ-117 4/19/2005 House Referred to Committee on Judiciary HJ-118
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT 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; BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF A PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH AND TO PROVIDE FOR EXCEPTIONS; BY ADDING SECTION 50-21-185 SO AS TO PROVIDE A DEFINITION OF "PERSON" WHICH INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH FOR THE PURPOSES OF FISH, GAME, AND WATERCRAFT OFFENSES; BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE A DEFINITION FOR "PERSON" WHICH INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH FOR PURPOSES OF OFFENSES INVOLVING MOTOR VEHICLES; AND TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT THE DEFINITION OF "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. 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 5. 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 6. Section 50-21-10(20) of the 1976 Code, as last amended by Act 100 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 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 7. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
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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