South Carolina General Assembly
124th Session, 2021-2022

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Bill 385


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND ARTICLE 1, CHAPTER 41, TITLE 44 OF THE 1976 CODE, RELATING TO ABORTIONS, BY ADDING SECTION 44-41-65, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO SELL, PURCHASE, DONATE, ACCEPT, OR EXPERIMENT UPON THE REMAINS OF A CHILD OR AN UNBORN CHILD RESULTING FROM AN ABORTION, OR TO PERFORM OR OFFER TO PERFORM AN ABORTION FOR THE PURPOSE OF RESEARCH, AND TO PROVIDE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 41, Title 44 of the 1976 Code is amended by adding:

    "Section 44-41-65.    (A)    No person shall sell, purchase, donate, or accept the remains of a child or an unborn child resulting from an abortion for the purpose of research or experimentation. No person shall experiment upon a child or an unborn child resulting from an abortion, or a child that is intended to be aborted, unless the experimentation is therapeutic to the child or unborn child.

    (B)    No person shall conduct research upon or experiment upon the remains of a child or an unborn child resulting from an abortion. This prohibition does not include autopsies performed according to the law.

    (C)    No person shall perform or offer to perform an abortion for which all or part of the justification or reason is that the unborn child or any part of the unborn child may be used for research, experimentation, or transplantation.

    (D)    A person violating this section is guilty of a felony and, upon conviction, must be imprisoned for not more than five years."

SECTION    2.    This act takes effect upon approval by the Governor.

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