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April 13, 2005
Introduced by Reps. Davenport, Vaughn, Toole, Tripp, Vick, Simrill, Bingham, J.R. Smith, Rice, Talley, G. Brown, Barfield, Owens, M.A. Pitts, G.R. Smith, Hamilton, White, Clark, Walker, Pinson, Loftis, Leach, McGee, W.D. Smith, Viers, Cato, Perry, Delleney, Altman, Cooper, Haskins, Huggins, Littlejohn, Hiott, Mahaffey, Wilkins, Merrill, D.C. Smith, Herbkersman, Bailey, Ceips, J. Brown, G.M. Smith, Weeks, Coates, F.N. Smith, E.H. Pitts, Thompson, Young, Duncan, Hagood and Chellis
S. Printed 4/13/05--H.
Read the first time January 11, 2005.
TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5, SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS AND THE RIGHT TO EQUAL PROTECTION VEST AT FERTILIZATION.
Amend Title To Conform
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. Title 1, Chapter 1 of the 1976 Code is amended by adding:
Section 1-1-310. This article may be cited as the 'Right to Life Act of South Carolina'.
Section 1-1-320. The right to due process, whereby no person may be deprived of life, liberty, or property without due process of law, and the right to equal protection of the laws, both of which rights are guaranteed by Article I, Section 3 of the Constitution of this State, vest at fertilization."
SECTION 2. The provisions of this act or any other provision of law do not prohibit the prescription of a morning after pill to a rape victim.
SECTION 3. This act takes effect upon approval by the Governor.
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