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Sponsors: Reps. Delleney, Simrill, Lucas, Hiott, Limehouse, Bowen, Bedingfield, Pinson, G.M. Smith, J.R. Smith, Bingham, Frye, V.S. Moss, Corbin, Bikas, Cooper, Allison, Parker, Toole, G.R. Smith, Henderson, Atwater, McCoy, Ballentine, Brannon, Clemmons, D.C. Moss, Hixon, Pitts, Young, Sandifer, Quinn, Willis, Viers, Pope, Stringer, Nanney, Hamilton, Owens and Huggins
Document Path: l:\council\bills\nbd\11004ac11.docx
Companion/Similar bill(s): 164
Introduced in the House on January 20, 2011
Introduced in the Senate on March 31, 2011
Currently residing in the Senate Committee on Judiciary
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/20/2011 House Introduced and read first time (House Journal-page 9) 1/20/2011 House Referred to Committee on Judiciary (House Journal-page 9) 2/23/2011 House Member(s) request name added as sponsor: Sandifer, Quinn 2/23/2011 House Committee report: Favorable Judiciary (House Journal-page 4) 2/24/2011 House Member(s) request name added as sponsor: Willis, Viers, Pope 2/24/2011 Scrivener's error corrected 3/1/2011 House Member(s) request name added as sponsor: Stringer, Nanney, Hamilton, Owens 3/2/2011 House Member(s) request name added as sponsor: Huggins 3/2/2011 House Requests for debate-Rep(s). Sellers, Rutherford, Jefferson, King, Brantley, Simrill, Pope, Bikas, Weeks, Owens, Norman, Delleney, Clemmons, Ott, Young, and Daning (House Journal-page 45) 3/10/2011 House Debate adjourned until Tuesday, March 15, 2011 (House Journal-page 42) 3/29/2011 House Read second time (House Journal-page 33) 3/29/2011 House Roll call Yeas-91 Nays-22 (House Journal-page 33) 3/30/2011 House Read third time and sent to Senate (House Journal-page 34) 3/31/2011 Senate Introduced and read first time (Senate Journal-page 4) 3/31/2011 Senate Referred to Committee on Judiciary (Senate Journal-page 4) 1/9/2012 Senate Referred to Subcommittee: Knotts (ch), Hutto, Malloy, Campsen, Shoopman
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VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
February 23, 2011
Introduced by Reps. Delleney, Simrill, Lucas, Hiott, Limehouse, Bowen, Bedingfield, Pinson, G.M. Smith, J.R. Smith, Bingham, Frye, V.S. Moss, Corbin, Bikas, Cooper, Allison, Parker, Toole, G.R. Smith, Henderson, Atwater, McCoy, Ballentine, Brannon, Clemmons, D.C. Moss, Hixon, Pitts, Young, Sandifer and Quinn
S. Printed 2/23/11--H. [SEC 2/24/11 3:11 PM]
Read the first time January 20, 2011.
To whom was referred a Bill (H. 3403) to amend Section 2-7-30, Code of Laws of South Carolina, 1976, relating to the construction of the words "person" and "party" as those words appear, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JAMES H. HARRISON for Committee.
TO AMEND SECTION 2-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION OF THE WORDS "PERSON" AND "PARTY" AS THOSE WORDS APPEAR IN THE LAWS OF THIS STATE, SO AS TO PROVIDE FURTHER FOR THE CONSTRUCTION OF "PERSON", "HUMAN BEING", "CHILD", AND "INDIVIDUAL", SO THAT THEY INCLUDE EVERY INFANT MEMBER OF THE SPECIES HOMO SAPIENS WHO IS BORN ALIVE AND TO DEFINE "BORN ALIVE".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2-7-30 of the 1976 Code is amended to read:
"Section 2-7-30. (A) The words 'person' and 'party' and any other word importing the singular number used in any act or joint resolution
shall be is held to include the plural and to include firms, companies, associations, and corporations; and all words in the plural shall also apply also to the singular in all cases in which the spirit and intent of the act or joint resolution may require it. All words in an act or joint resolution importing the masculine gender shall also apply to females also and words in the feminine gender shall also apply to males. And all words importing the present tense shall also apply to the future also.
(B)(1) In determining the meaning of any act or joint resolution of the General Assembly or in a regulation promulgated pursuant to Article 1, Chapter 23, Title 1, the words 'person', 'human being', 'child', and 'individual', must include every infant member of the species homo sapiens who is born alive at any stage of development.
(2) As used in this subsection, the term 'born alive', with respect to a member of the species homo sapiens, means the complete expulsion or extraction from the mother of that member, at any stage of development, who after the expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.
(3) Nothing in this subsection may be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point before being 'born alive', as defined in this subsection."
SECTION 2. This act takes effect upon approval by the Governor.
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