South Carolina S 323: Unborn Child Protection Act

Bill Text

2025-2026 Bill 323 Text of Previous Version (Feb. 12, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 323

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 SO AS TO ENACT 
THE "UNBORN CHILD PROTECTION ACT"; BY AMENDING SECTION 44-41-610, RELATING TO 
DEFINITIONS RELATED TO ABORTIONS, SO AS TO ADD A DEFINITION FOR ABORTIFACIENT, 
TO ADD A DEFINITION FOR CONTRACEPTION, TO AMEND THE DEFINITION OF 
CONTRACEPTIVE, TO DELETE THE DEFINITIONS OF FATAL FETAL ANOMALY AND FETAL 
HEARTBEAT, TO ADD A DEFINITION FOR FERTILIZATION, TO DELETE THE DEFINITION OF 
GESTATIONAL SAC, TO ADD A DEFINITION FOR HUMAN EMBRYO, TO AMEND THE DEFINITION 
OF PREGNANT, TO ADD A DEFINITION FOR PREGNANT MINOR, AND TO DELETE THE 
DEFINITION OF RAPE; BY AMENDING SECTION 44-41-620, RELATING TO VOLUNTARY AND 
INFORMED WRITTEN CONSENT REQUIRED FOR AN ABORTION, SO AS TO MAKE A TECHNICAL 
AMENDMENT; BY AMENDING SECTION 44-41-630, RELATING TO THE REQUIREMENT FOR AN 
OBSTETRIC ULTRASOUND PRIOR TO AN ABORTION, SO AS TO REMOVE THE REQUIREMENT THAT 
AN ABORTION CANNOT BE PERFORMED IF A FETAL HEARTBEAT IS DETECTED; BY AMENDING 
SECTION 44-41-640, RELATING TO THE EXCEPTION TO THE PROHIBITION ON ABORTIONS 
WHEN A MEDICAL EMERGENCY EXISTS, SO AS TO MAKE TECHNICAL AMENDMENTS AND TO 
PROVIDE FOR PROCEDURES RELATED TO NON-EMERGENCY PREMATURE DELIVERIES AFTER 
NINETEEN WEEKS OF PREGNANCY; BY AMENDING SECTION 44-41-650, RELATING TO 
EXCEPTIONS TO PROHIBITION ON ABORTIONS FOR RAPE AND INCEST, SO AS TO DELETE THE 
RAPE AND INCEST EXCEPTIONS AND AMEND THE STATUTE TO PROVIDE FOR DOCUMENTATION 
REQUIRED OF DOCTORS WHO PERFORM A LEGAL MEDICAL PROCEDURE OR TREATMENT THAT 
RESULTS IN THE ACCIDENTAL OR UNINTENTIONAL DEATH OF AN UNBORN CHILD, TO PROVIDE 
FOR THE TRANSMISSION OF THAT INFORMATION TO THE DEPARTMENT OF PUBLIC HEALTH, TO 
PROVIDE PENALTIES, AND TO PROVIDE FOR A REPORT BY THE DEPARTMENT OF PUBLIC 
HEALTH; BY AMENDING SECTION 44-41-660, RELATING TO THE EXCEPTION FROM ABORTION 
PROHIBITION FOR FATAL FETAL ANOMALY, SO AS TO DELETE THE EXCEPTION FOR FATAL 
FETAL ANOMALY, TO PROVIDE THAT THE ATTORNEY GENERAL AND SOLICITORS HAVE THE 
CONCURRENT AUTHORITY TO PROSECUTE CRIMINAL VIOLATIONS OF THIS ACT, TO PROVIDE FOR 
A PRIVATE RIGHT OF CIVIL ACTION, TO PROVIDE FOR RELIEF AVAILABLE IN A CIVIL 
ACTION, AND TO PROVIDE FOR LIMITATIONS ON WHO MAY BRING A CIVIL ACTION; BY 
AMENDING SECTION 44-41-670, RELATING TO THE PROHIBITION OF CRIMINAL PROSECUTION 
OF A PREGNANT WOMAN WHO GETS AN ABORTION, SO AS TO DELETE THE PROHIBITION ON 
PROSECUTION, AND TO AMEND THE STATUTE TO PROVIDE FOR LICENSE SUSPENSION AND 
REVOCATION FOR DOCTORS WHO VIOLATE THE PROHIBITION ON ABORTIONS; BY AMENDING 
SECTION 44-41-680, RELATING TO CIVIL ACTIONS ARISING FROM ILLEGAL ABORTIONS, SO 
AS TO DELETE THE CIVIL ACTION PROVISIONS, AND TO ESTABLISH A RICO STATUTE 
RELATED TO PROHIBITED ABORTION ACTIVITIES, AND TO DEFINE RELEVANT TERMS; BY 
AMENDING SECTION 44-41-690, RELATING TO A PHYSICIAN'S UNPROFESSIONAL CONDUCT 
AND REVOCATION OF PHYSICIAN'S LICENSE, SO AS TO DELETE THE PROVISIONS RELATED 
TO A PHYSICIAN'S UNPROFESSIONAL CONDUCT AND LICENSE REVOCATION, TO AMEND THE 
SECTION TO PROVIDE THAT THIS ARTICLE MAY NOT BE CONSTRUED TO IMPOSE LIABILITY 
OR CONDUCT PROTECTED BY THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION 
OR BY THE SOUTH CAROLINA CONSTITUTION; BY AMENDING RESERVED SECTIONS 44-41-700 
AND 44-41-710, SO AS TO PROVIDE THAT THIS ARTICLE MAY NOT BE CONSTRUED TO 
IMPOSE LIABILITY OR CONDUCT PROTECTED BY THE FIRST AMENDMENT TO THE UNITED 
STATES CONSTITUTION OR BY THE SOUTH CAROLINA CONSTITUTION AND TO PROVIDE THAT 
THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES 
HAVE AN UNCONDITIONAL RIGHT TO INTERVENE ON BEHALF OF THEIR RESPECTIVE BODIES 
IN A STATE COURT ACTION, AND BY AMENDING RESERVED SECTIONS 44-41-720, 
44-41-730, AND 44-41-740, SO AS TO REPEAL THESE SECTIONS; BY ADDING SECTION 
15-51-15 SO AS TO CREATE A WRONGFUL DEATH ACTION ON BEHALF OF AN ABORTED UNBORN 
CHILD, AND TO PLACE LIMITATIONS ON WHO MAY BRING THE ACTION; BY ADDING SECTION 
59-32-30 SO AS TO PROVIDE FOR CERTAIN ADDITIONAL INSTRUCTION ON HUMAN GROWTH 
AND DEVELOPMENT TAUGHT IN THE STATE'S SCHOOLS; BY AMENDING SECTION 44-41-37, 
RELATING TO THE DISCLOSURE OF CONSENT REQUIREMENTS WHEN COUNSELING OR 
DISCUSSING ABORTION WITH MINOR, SO AS TO DELETE THE AUTHORITY OF A PHYSICIAN OR 
COUNSELOR TO DISCUSS THE COURT BYPASS FOR ABORTION APPROVALS DUE TO THE REPEAL 
OF THE COURT BYPASS STATUTES; BY AMENDING SECTION 44-41-90, RELATING TO STATE 
FUNDING FOR ABORTIONS, SO AS TO DELETE REFERENCES TO THE COURT BYPASS FOR 
MINORS TO OBTAIN AN ABORTION; BY AMENDING SECTION 44-41-60, RELATING TO 
ABORTIONS THAT MUST BE REPORTED, SO AS TO PROVIDE PENALTIES FOR PHYSICIANS WHO 
FAIL TO PROPERLY REPORT ABORTIONS, A