The "South Carolina Prenatal Equal Protection Act" aims to amend the South Carolina Code of Laws by defining "person" to include unborn children 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 outlines specific legal defenses for mothers in cases where the unborn child is a victim of homicide or assault. It also establishes that the enforcement of these laws will follow the same legal principles applicable to cases involving born individuals, and it allows for concurrent prosecutorial authority between solicitors and the Attorney General.

Additionally, the bill specifies that the act does not apply to unintentional deaths resulting from life-saving procedures for the mother or spontaneous miscarriages, and it protects licensed healthcare providers from criminal liability under certain circumstances. Witnesses compelled to testify in related prosecutions are granted immunity from civil or criminal actions based on their testimony, except in cases of perjury. The act is prospective only, meaning it will not apply to actions taken before its effective date, and it will supersede conflicting provisions without repealing them.

Statutes affected:
01/13/2026: 16-3-6, 16-3-760
Latest Version: 16-3-6, 16-3-760