The "South Carolina Prenatal Equal Protection Act" aims to amend the South Carolina Code of Laws to define "person" as including an unborn child at any stage of development, thereby extending equal protection under homicide and assault laws to unborn children. The bill introduces several new sections, including definitions of "fertilization" and "spontaneous miscarriage," and establishes legal frameworks for prosecuting cases involving the harm of unborn children. It also outlines defenses for mothers in cases where they may be compelled to engage in harmful conduct due to threats of imminent danger, and clarifies that the act does not apply to unintentional deaths resulting from life-saving procedures or spontaneous miscarriages.

Additionally, the bill ensures that any testimony given in actions related to unborn children cannot be used against the witness in civil or criminal cases, except in instances of perjury. The act is designed to be prospective, meaning it will not apply to actions taken before its effective date, and it will not repeal existing laws related to prenatal homicide or assault but will supersede conflicting provisions. The bill is set to take effect upon the Governor's approval.

Statutes affected:
12/05/2024: 16-3-6, 16-3-760
Latest Version: 16-3-6, 16-3-760