South Carolina H 3457: Human Life Protection Act

Bill Text

2025-2026 Bill 3457 Text of Previous Version (Feb. 05, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3457

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY ENACTING THE "HUMAN LIFE PROTECTION ACT" BY ADDING 
SECTION 44-41-615 SO AS TO PROHIBIT ALL ABORTIONS IN THE STATE OF SOUTH 
CAROLINA, WITH AN EXCEPTION FOR MEDICAL EMERGENCIES, AND TO ESTABLISH 
PENALTIES; BY ADDING SECTION 44-41-685 SO AS TO ADDRESS A WOMAN'S RIGHT TO 
ANONYMITY IN RELATED LEGAL PROCEEDINGS; BY AMENDING SECTIONS 44-41-610, 
44-41-620, 44-41-630, AND 44-41-640, ALL RELATING TO THE "FETAL HEARTBEAT AND 
PROTECTION FROM ABORTION ACT," SO AS TO MAKE CONFORMING CHANGES AND TO ADDRESS 
ACCESS TO CONTRACEPTIVES AND ASSISTED REPRODUCTIVE TECHNOLOGIES; BY PROVIDING 
THE GENERAL ASSEMBLY THE RIGHT TO INTERVENE IN LEGAL CHALLENGES TO THE ACT; BY 
AMENDING SECTION 44-41-37, RELATING TO ABORTION COUNSELING FOR MINORS, SO AS TO 
ELIMINATE REFERENCE TO A JUDICIAL BYPASS PROCEDURE; BY AMENDING SECTIONS 
44-41-60 AND 44-41-90, RELATING TO REPORTING OF ABORTIONS AND PUBLIC FUNDING OF 
ABORTIONS RESPECTIVELY, SO AS TO MAKE CONFORMING CHANGES; BY REPEALING SECTIONS 
44-41-32, 44-41-33, AND 44-41-34 RELATING TO A JUDICIAL BYPASS PROCEDURE FOR 
MINORS SEEKING AN ABORTION; BY REPEALING SECTIONS 44-41-650 AND 44-41-660 
RELATING TO EXCEPTIONS FOR RAPE AND INCEST AND FOR FATAL FETAL ANOMALY 
RESPECTIVELY; AND TO RETITLE ARTICLE 6 OF CHAPTER 41, TITLE 44, AS THE "HUMAN 
LIFE PROTECTION ACT."

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

SECTION 1. This act may be cited as the "Human Life Protection Act."

SECTION 2. Article 6, Chapter 41, Title 44 of the S.C. Code is 
amended by adding:

 Section 
44-41-615. (A) Except as provided 
in Section 44-41-640, no person shall knowingly administer to, prescribe for, 
deliver to, or sell to any pregnant woman any medicine, drug, or other 
substance with the specific intent to cause an abortion.

 (B) 
Except as provided in Section 44-41-640, no person may knowingly use or employ 
any instrument, device, means, or procedure upon a pregnant woman with the 
specific intent of causing an abortion.

 (C)(1) A person who violates subsection 
(A) or (B) is guilty of a felony and, upon conviction, must be fined ten 
thousand dollars or imprisoned for not more than two years, or both.

 (2) 
A person who uses force, or the threat of force, to intentionally injure or 
intimidate another person for the purpose of coercing an abortion in violation 
of subsection (A) or (B) is guilty of a felony and, upon conviction, must be 
fined ten thousand dollars or imprisoned for not more than two years, or both.

 (3) 
A person who is not a physician as defined in this article and who prescribes 
any means of abortion for the purpose of facilitating an abortion within this 
State violates subsection (A) or (B) and, upon conviction, is guilty of a 
felony and must be fined ten thousand dollars or imprisoned for two years, or 
both.

SECTION 3. Article 6, Chapter 41, Title 44 of the S.C. Code is 
amended by adding:

 Section 
44-41-685. In every civil or criminal proceeding or other action brought 
pursuant to this article, the court shall rule whether the anonymity of any 
woman upon whom an abortion has been performed or induced shall be preserved 
from public disclosure if the woman does not give consent to disclosure. The 
court, by motion or sua sponte, shall make a ruling and, upon determining that 
the woman's anonymity should be preserved, shall issue orders to the parties, 
witnesses, and counsel shall direct the sealing of the record and exclusion of 
individuals from courtrooms or hearing rooms to the extent necessary to 
safeguard her identity from public disclosure. Each such order shall be 
accompanied by specific written findings that explain why the woman's anonymity 
is being preserved from public disclosure, why the order is essential to that 
end, how the order is narrowly tailored to serve that interest, and why no 
reasonable least restrictive alternative exists. In the absence of the woman's 
written consent, any person, other than a public official, who brings an action 
pursuant to Section 44-41-615 shall do so under a pseudonym. This section may 
not be construed to conceal the identity of the plaintiff or of witnesses from 
the defendant or from attorneys for the defendant.

SECTION 
4.A. Section 44-41-610 of the S.C. Code is amended 
by adding:

 (15) "Selective reduction" means, in 
the context of assisted reproductive technology, a procedure to stop the 
development of one or more unborn children in utero.

B. Section 44-41-610 (5) and (12) of the S.C. Code is 
amended to read:

 (5) "Fatal fetal 
anomaly" means that, in reasonable medical judgment, the unborn child has a 
profou