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H. 3019
STATUS INFORMATION
General Bill
Sponsors: Reps. Delleney, Jennings, M.A. Pitts, Haskins, Harrison, Viers, Leach, Hamilton, G.R. Smith, Cato, Bannister and Shoopman
Document Path: l:\council\bills\ms\7075ahb07.doc
Introduced in the House on January 9, 2007
Introduced in the Senate on March 28, 2007
Currently residing in the Senate Committee on Judiciary
Summary: Civil cause of action
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2006 House Prefiled
12/13/2006 House Referred to Committee on Judiciary
1/9/2007 House Introduced and read first time HJ-24
1/9/2007 House Referred to Committee on Judiciary HJ-25
3/7/2007 House Member(s) request name added as sponsor: Viers
3/21/2007 House Committee report: Favorable with amendment Judiciary HJ-2
3/22/2007 House Member(s) request name added as sponsor: Leach,
Hamilton, G.R.Smith, Cato, Bannister, Shoopman
3/27/2007 House Committee amendment tabled HJ-17
3/27/2007 House Read second time HJ-20
3/27/2007 House Roll call Yeas-111 Nays-0 HJ-20
3/28/2007 House Read third time and sent to Senate HJ-10
3/28/2007 Senate Introduced and read first time SJ-7
3/28/2007 Senate Referred to Committee on Judiciary SJ-7
2/22/2008 Senate Referred to Subcommittee: Malloy (ch), Hutto, Knotts,
Sheheen, Ceips, Massey
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
COMMITTEE REPORT
March 21, 2007
H. 3019
Introduced by Reps. Delleney, Jennings, M.A. Pitts, Haskins, Harrison and Viers
S. Printed 3/21/07--H.
Read the first time January 9, 2007.
To whom was referred a Bill (H. 3019) to amend the Code of Laws of South Carolina, 1976, by adding Section 15-5-5 so as to provide that for purposes of a civil cause of action, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by deleting Section 15-5-5(D), as contained in SECTION 1, page 2, lines 6 through 13, and inserting:
/ (D) A person or health care provider is not subject to a civil suit under this section for conduct relating to or arising out of the performance of a lawful abortion." /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT FOR PURPOSES OF A CIVIL CAUSE OF ACTION, THE TERM "PERSON" INCLUDES AN UNBORN CHILD, THE TERM "UNBORN CHILD" MEANS A CHILD IN UTERO, AND TO PROVIDE CERTAIN EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 5, Title 15 of the 1976 Code is amended by adding:
"Section 15-5-5. (A) For purposes of a civil cause of action, the term:
(1) 'person' includes an unborn child; and
(2) 'unborn child' means a child in utero.
(B) Nothing in this section may be construed to:
(1) abridge, alter, amend, or supplant the common law or statutory laws of South Carolina regarding civil actions for medical malpractice or wrongful death brought against medical professionals on account of acts of omission or commission occurring during the course of providing medical services or treatment;
(2) apply to or infringe upon a pregnant female's constitutional right to privacy, or a pregnant female's right to a lawful abortion; or
(3) apply to a medical procedure performed by a physician or other licensed health care provider at the request of a pregnant female or her legal guardian, any medical procedure for which consent is implied by law or is not required by law, or to the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices.
(C) A pregnant female is not subject to a civil suit under this section for acts affecting her unborn child, except in the case of illegal drug use.
(D) A person or health care provider is not subject to a civil suit under this section for:
(1) conduct relating to or arising out of the performance of a lawful abortion; or
(2) acts performed in the process of providing medical treatment to a pregnant female or her unborn child, or for the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices."
SECTION 2. This act takes effect upon approval by the Governor.
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