South Carolina H 3537: South Carolina Prenatal Equal Protection Act

Bill Text

2025-2026 Bill 3537 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3537

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 "SOUTH CAROLINA PRENATAL EQUAL PROTECTION 
ACT" BY ADDING SECTIONS 16-3-6, 16-3-105, 16-3-106, 16-3-107, AND 16-3-108 SO 
AS TO DEFINE "PERSON" TO INCLUDE AN UNBORN CHILD AT ANY STAGE OF DEVELOPMENT, 
AND TO ENSURE THAT AN UNBORN CHILD WHO IS A VICTIM OF HOMICIDE IS AFFORDED 
EQUAL PROTECTION UNDER THE HOMICIDE LAWS OF THE STATE, WITH EXCEPTIONS; BY 
ADDING SECTIONS 16-3-760, 16-3-761, 16-3-762, AND 16-3-763 SO AS TO DEFINE 
"PERSON" TO INCLUDE AN UNBORN CHILD AT ANY STAGE OF DEVELOPMENT AND TO ENSURE 
THAT AN UNBORN CHILD WHO IS A VICTIM OF ASSAULT IS AFFORDED EQUAL PROTECTION 
UNDER THE ASSAULT LAWS OF THE STATE, WITH EXCEPTIONS; AND FOR OTHER PURPOSES.

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

SECTION 1. This act may be cited as the "South Carolina Prenatal Equal Protection 
Act."

SECTION 2. The 
General Assembly finds the following:

 Acknowledging the 
sanctity of innocent human life, created in the image of God, the purpose of 
this act is:

 (1) to follow the 
Constitution of the United States, which requires in the Fourteenth Amendment 
that "no state shall... deny to any person within its jurisdiction the equal 
protection of the laws";

 (2) to follow the 
South Carolina Constitution, which requires in Section 3, Article 1 that no 
person "shall be denied the equal protection of the laws";

 (3) to protect the 
lives of preborn persons with the same criminal and civil laws protecting the 
lives of born persons by removing provisions that enable the commission of 
wilful prenatal homicide and assault;

 (4) to ensure that 
all persons potentially subject to such laws are entitled to due process 
protections;

 (5) to remove 
provisions that could be interpreted to allow a person to pressure a pregnant 
mother to abort her child; and, therefore

 (6) to secure the 
right to life and equal protection of the laws to all preborn children from the 
moment of fertilization and to protect pregnant mothers.

SECTION 
3.A. Article 1, Chapter 3, Title 16 of the S.C. 
Code is amended by adding:

 Section 
16-3-6. (A) As used in this article, 
"fertilization" means the fusion of a human spermatozoon with a human ovum.

 (B) As 
used in this article, "person" includes an unborn child at every stage of 
development from fertilization until birth.

 (C) As 
used in this article, "spontaneous miscarriage" means the natural or accidental 
termination of pregnancy and the expulsion of the unborn child.

B. Article 1, Chapter 3, Title 16 of the S.C. Code is 
amended by adding:

 Section 
16-3-105. Where the victim is an unborn child and the defendant is the child's 
mother, it is a defense to prosecution under this article that the mother 
engaged in the proscribed conduct because she was compelled to do so by the 
threat of imminent death or great bodily injury.

 Section 
16-3-106. In a prosecution under this article where 
the victim is an unborn child, unless specifically provided otherwise:

 (1) 
enforcement is subject to the same presumptions, defenses, justifications, laws 
of parties, immunities, and clemencies as would apply to the homicide of a 
person who had been born alive;

 (2) 
solicitors and the Attorney General shall have concurrent authority to 
prosecute criminal cases and to perform any duty that necessarily relates to 
such prosecution; and

 (3) 
this article prevails over other law to the extent of any conflict.

 Section 
16-3-107. (A) This article shall 
not apply to the unintentional death of an unborn child when resulting from:

 (1) 
the undertaking of life-saving procedures to save the life of a mother when 
accompanied by reasonable steps, if available, to save the life of her unborn 
child; or

 (2) 
a spontaneous miscarriage.

 (B) 
Mistake or unintentional error on the part of a licensed physician or other 
licensed healthcare provider or his or her employee or agent or any person 
acting on behalf of the patient shall not subject the licensed physician or 
other licensed healthcare provider or person acting on behalf of the patient to 
any criminal liability under this article.

 Section 
16-3-108. Any person may be compelled to testify in any action or prosecution 
initiated pursuant to this article where the victim is an unborn child; 
provided, however, that such testimony shall not be admissible in any civil or 
criminal action against such witness and such witness shall forever be exempt 
from any prosecution for the act concerning which the witness testifies except 
a prosecution for perjury.

SECTION 4. Article 7, Chapter 3, Title 16 of the S.C. Code is 
amended by add