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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, THE TERM "PERSON" INCLUDES AN UNBORN CHILD, THE TERM "UNBORN CHILD" MEANS A CHILD IN UTERO, AND TO PROVIDE CERTAIN EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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, the term:
(1) 'person' includes an unborn child; and
(2) 'unborn child' means a child in utero.
(B) Nothing in this section may be construed to:
(1) 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;
(2) apply to or infringe upon a pregnant female's constitutional right to privacy, or a pregnant female's right to a lawful abortion; or
(3) 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.
(C) 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.
(D) 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; or
(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 2. This act takes effect upon approval by the Governor.
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