The bill H. 4637 seeks to amend the South Carolina Code of Laws by establishing stringent regulations surrounding abortion-inducing drugs and related activities. It introduces Article 8 in Chapter 41, Title 44, which prohibits the manufacture, distribution, possession, and prescribing of abortion-inducing drugs, with exceptions for medical emergencies. The bill also defines key terms such as "abortion" and "elective abortion," and asserts that South Carolina law governs any out-of-state legal actions related to these issues. Additionally, Article 10 prohibits financial support for abortion costs and establishes penalties for violations, allowing civil actions against those involved in illegal abortion-related activities.
Moreover, the bill emphasizes private enforcement of abortion-related laws through qui tam actions, allowing individuals to sue on behalf of the state for violations. It voids any contractual choice-of-law provisions that would apply laws from other jurisdictions, ensuring South Carolina law prevails. The bill also limits defenses in qui tam actions, prohibits state involvement in these private lawsuits, and establishes joint liability for costs and attorney's fees for parties seeking to prevent enforcement of abortion laws. It criminalizes financial support for illegal abortions, imposes felony charges for violations, and grants the Attorney General authority to seek civil forfeiture from non-compliant abortion funds, while ensuring that any unconstitutional provisions do not affect the overall validity of the bill.