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 defenses for mothers in cases where they may be prosecuted for actions affecting their unborn child. It also clarifies that the enforcement of these laws will align with existing legal presumptions and defenses applicable to born individuals, while providing protections for healthcare providers against criminal liability in cases of unintentional harm.

Additionally, the act specifies that it will not apply to unintentional deaths resulting from life-saving procedures for the mother or spontaneous miscarriages. It allows for compelled testimony in related legal actions while ensuring that such testimony cannot be used against the witness in civil or criminal cases, except for perjury. The act is prospective, meaning it will not apply to actions taken before its effective date, and it will not repeal existing laws on prenatal homicide or assault but will supersede conflicting provisions. The bill will 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