A bill

to amend the South Carolina Code of Laws by enacting the "Human Life Protection Act"; by adding Article 7 to chapter 41, title 44 so as to ban abortions in this State with exceptions, to protect the use of contraceptives and alternative reproductive technologies, to Create criminal penalties and to provide for a civil cause of action for violation of the requirements of this article, to prohibit criminal prosecution of a woman for obtaining an abortion, to provide for professional discipline for violations of this article, and for other purposes; by adding Section 44-41-90 so as to provide that the State Health Insurance Program may not pay for abortions and for other purposes; by adding Section 63-17-325 so as to require a biological father to pay child support beginning at conception; by adding Section 38-71-146 so as to require coverage of contraceptives by health insurance policies; to require the Public Employee Benefit Authority to cover prescribed contraceptives; by amending Sections 44-41-710 and 44-41-480, relating to Construction and application of certain abortion laws, so as to delete language related to implicit repeal; by repealing section 44-41-20 relating to legal abortions; by amending Section 44-41-70, relating to Promulgation of regulations for certification of hospitals and other facilities, so as to Make conforming changes; and by providing an unconditional right to intervene in challenges to this act by the President of the Senate and the Speaker of the House of Representatives.

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.    The General Assembly hereby finds that:

   (1) Article I, Section 1 of the South Carolina Constitution recognizes that all political power is vested in the people of this State, and it has long been recognized that the will of the people is expressed in the legislative enactments of the people's elected representatives.

   (2) Article I, Section 3 of the South Carolina Constitution guarantees that no person shall be "deprived of life…without due process of law" and that the Fifth Amendment to the United States Constitution guarantees that no person shall be "deprived of life…without the due process of law."

   (3) Article I, Section 8 of the South Carolina Constitution provides that the legislative, executive, and judicial powers of the government "shall be forever separate and distinct from each other, and no person or persons exercising the functions of one of said departments shall assume or discharge the duties of any other."

   (4) Article III, Section 1 of the South Carolina Constitution vests the "legislative power of this State" with the General Assembly.

   (5) In Dobbs v. Jackson Women's Health Organization, the United States Supreme Court held that the federal constitution does not provide a right to an abortion, and that the authority to regulate abortion must be returned to the people and their elected representatives.

   (6) Pursuant to Article I, Section 1 of the South Carolina Constitution, the people of this State are exercising their political power through the General Assembly's exercise of its Article III, Section 1 sole authority to legislate to secure the rights to life for unborn children as guaranteed by Article I, Section 3 of the South Carolina Constitution and the Fifth Amendment to the United States Constitution.

   (7) Any attempt by a coequal branch of government to limit or prevent the General Assembly from exercising its Article I, Section 3 power is an unconstitutional usurpation of that power and is a violation of the separation of powers enshrined in Article I, Section 8 of the South Carolina Constitution and the United States Supreme Court's holding in Dobbs v. Jackson Women's Health Organization.

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

   Article 7

   Human Life Protection Act

   Section 44-41-810.   For the purposes of this article:

   (1) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn human being. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn human being, or to remove a dead unborn human being.

   (2) "Clinically diagnosable pregnancy" means the point in time when it is possible to determine that a woman is pregnant due to the detectible presence of human chorionic gonadotropin (hCG).

   (3) "Female" means a biological female assigned at the time of birth or an intersexed person capable of producing an ovum at birth.

   (4) "Physician" means any person licensed in this State to practice medicine and surgery, or licensed osteopathic medicine and surgery.

   (5) "Pregnant woman" means the human biological female reproductive condition of having a living unborn child within her body, whether or not she has reached the age of majority.

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

   (7) "Reasonable medical judgement" means a medical judgement that would made by a reasonably prudent physician, knowledgeable about the case and treatment possibilities with respect to the medical condition involved.

   (8) "Unborn child" means an individual organism of the species homo sapiens from conception until live birth.

   Section 44-41-820.      (A)   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 of causing an abortion.

   (B) 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.

   Section 44-41-830.      (A)(1) It is not a violation of Section 44-41-820 for a physician to perform a medical procedure necessary in his reasonable medical judgment to prevent the death of a pregnant woman, a substantial risk of death of a pregnant woman due to a physical condition, or the substantial physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions.

      (2) It is presumed that the following medical conditions constitute a substantial risk of death or substantial risk of substantial physical impairment of a major bodily function of a pregnant woman: molar pregnancy, partial molar pregnancy, blighted ovum, ectopic pregnancy, severe preeclampsia, HELLP syndrome, abruptio placentae, severe physical maternal trauma, uterine rupture, intrauterine fetal demise, and miscarriage. However, when an unborn child is alive in utero, the physician must make all reasonable efforts to deliver and save the life of an unborn child during the process of separating the unborn child from the pregnant woman, to the extent that it does not adversely affect the life or physical health of the pregnant woman, and in a manner that is consistent with reasonable medical practice. The enumeration of the medical conditions in this item is not intended to exclude or abrogate other conditions that satisfy the exclusions contained in item (1) or prevent other procedures that are not included in the definition of abortion.

      (3) A physician performing a medical procedure pursuant to item (1) shall make reasonable medical efforts under the circumstances to preserve the life of the pregnant woman's unborn child, to the extent that it does not substantially risk the death or physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions and in a manner consistent with reasonable medical practices. A medical procedure shall not be considered necessary if it is performed based upon a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in a substantial physical impairment of a major bodily function.

      (4) A physician who performs a medical procedure pursuant to item (1) shall declare, in a written document maintained with the woman's medical records, that the medical procedure was necessary, the woman's medical condition necessitating the procedure, the physician's rationale for his conclusion that the procedure was necessary, and that all reasonable efforts were made to save the unborn child in the event it was living prior to the procedure. The declaration required by this item must be placed in the woman's medical records not later than thirty days after the procedure was completed. A physician's exercise of reasonable medical judgment in relation to a medical procedure undertaken pursuant to this subsection is presumed to be within the applicable standard of care.

   (B) Medical treatment provided to a pregnant woman by a physician which results in the accidental or unintentional injury or death of her unborn child is not a violation of Section 44-41-820.

   (C)(1) It is not a violation of Section 44-41-820 to use, sell, or administer a contraceptive measure, drug, chemical, or device if the contraceptive measure, drug, chemical, or device is used, sold, prescribed or administered in accordance with manufacturer's instructions and is not used, sold, prescribed or administered to cause or induce an abortion.

      (2) It is not a violation of Section 44 41 820 to use, sell, prescribe, and insert an intrauterine device if the intrauterine device is used, sold, inserted, and prescribed within the reasonable medical judgment of a physician and is not used, sold, prescribed, or administered to cause or induce an abortion of an unborn human being.

      (3) It is not a violation of Section 44-41-820 to use, sell, prescribe, and administer an emergency contraceptive drug designed to be taken within five days of unprotected sex and used according to the manufacturer's instructions. For purposes of this item, an emergency contraceptive drug does not include mifepristone or misoprostol.

   (D)(1) Except as provided in item (2), it is not a violation of Section 44-41-820 perform or undergo assistive reproductive technology, including but not limited to in vitro fertilization, within the accepted standards of care by the reproductive medical community.

      (2) Performing selective reduction is a violation of Section 44-41-820 unless it is necessary within reasonable medical judgment to prevent a substantial risk of death or a substantial and irreversible physical impairment of a major bodily function of another unborn child.

   Section 44-41-840.   (A) A person who violates Section 44-41-820 is guilty of a felony and, upon conviction, must be fined ten thousand dollars or imprisoned for not more than two years, or both.

   (B) 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 Section 44-41-820 is guilty of a felony and, upon conviction, must fined ten thousand dollars or imprisoned for not more than two years, or both.

   (C) 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 Section 44-41-820 and, upon conviction, is guilty of a felony and must be fined ten thousand dollars or imprisoned for two years, or both.

   Section 44-41-850.      (A) In addition to all other remedies available under common or statutory law, failure to comply with the requirements of this article shall provide the basis for a civil action further described in this section.

   (B) A pregnant woman upon whom an abortion has been performed, induced, or coerced in violation of this article may maintain an action against the person who violated this article for actual and punitive damages. In addition to all other damages, and separate and distinct from all other damages, a plaintiff is entitled to statutory damages of ten thousand dollars for each violation of this article to be imposed on each defendant found to have violated this article.

   (C) A separate and distinct cause of action for injunctive relief against any person who has violated this article may be maintained by:

      (1) the woman upon whom the abortion was performed or induced in violation of this article;

      (2) the parent or guardian of the pregnant woman if she had not attained the age of eighteen years at the time of the abortion or died as a result of the abortion;

      (3) a Solicitor or prosecuting attorney with proper jurisdiction; or

      (4) the Attorney General.

   (D) If a plaintiff prevails in an action initiated pursuant to this section the court shall award the plaintiff reasonable costs and attorney's fees.

   (E) No damages, costs, or attorney's fees may be assessed against the woman upon whom an abortion was performed or induced.

   (F) Under no circumstances may civil damages be awarded to a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.

   (G) A civil cause of action pursuant to this section must be brought within three years of the date of the abortion and is not subject to the limitations and requirements contained in Chapter 79, Title 15.

   Section 44-41-860.      A pregnant woman upon whom an abortion is performed or induced in violation of this article may not be criminally prosecuted or