South Carolina General Assembly

118th Session, 2009-2010

H. 3526

STATUS INFORMATION

General Bill

Sponsors: Reps. Barfield, Vick, Stringer, Owens, Pinson, Hamilton, Bannister, Duncan, Nanney, Willis, Wylie, Toole, G.R.Smith, Bedingfield, Erickson, D.C.Moss, Hiott, Allison, Ballentine, Bingham, Bowen, G.A.Brown, Cole, Cooper, Daning, Frye, Hayes, Herbkersman, Horne, Littlejohn, Loftis, Lowe, Merrill, Mitchell, Parker, E.H.Pitts, M.A.Pitts, Rice, Sandifer, Scott, D.C.Smith, J.R.Smith, Stewart, Viers, Sottile, Simrill, White, G.M.Smith, Millwood, Forrester, Umphlett, Cato, Haley and Hardwick

Document Path: l:\council\bills\nbd\11201ac09.docx

Introduced in the House on February 12, 2009

Currently residing in the House Committee on Judiciary

Summary: Right to Life Act

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

2/12/2009HouseIntroduced and read first time HJ14

2/12/2009HouseReferred to Committee on JudiciaryHJ14

2/17/2009HouseMember(s) request name added as sponsor: Sottile, Simrill

2/18/2009HouseMember(s) request name added as sponsor: White

2/24/2009HouseMember(s) request name added as sponsor: G.M.Smith, Millwood, Forrester

2/25/2009HouseMember(s) request name added as sponsor: Umphlett, Cato

2/17/2010HouseMember(s) request name added as sponsor: Haley

3/4/2010HouseMember(s) request name added as sponsor: Hardwick

VERSIONS OF THIS BILL

2/12/2009

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 1, TITLE 1 SO AS TO ENACT THE “RIGHT TO LIFE ACT OF SOUTH CAROLINA” WHICH ESTABLISHES THAT THE RIGHT TO LIFE FOR EACH BORN AND PREBORN HUMAN BEING VESTS AT FERTILIZATION, AND THAT THE RIGHTS OF DUE PROCESS AND EQUAL PROTECTION, GUARANTEED BY ARTICLE I, SECTION 3 OF THE CONSTITUTION OF THIS STATE, VEST AT FERTILIZATION FOR EACH BORN AND PREBORN HUMAN PERSON.

Whereas, the General Assembly, under Article III, Section 1A of the Constitution of the State of South Carolina, 1895, is empowered to assemble to make new laws, as the common good may require; and

Whereas, Article I, Section 3 of the Constitution of the State of South Carolina, 1895, guarantees that no person may be deprived of life, liberty, or property without due process of law or denied the equal protection of the laws; and

Whereas, the General Assembly in the exercise of its constitutional powers and in carrying out its duties and responsibilities under the law finds it necessary and proper to ensure that the rights of its citizens extend to each newly born and preborn human person. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1.Chapter 1, Title 1 of the 1976 Code is amended by adding:

“Article 5

Right to Life

Section 11310.This article may be cited as the ‘Right to Life Act of South Carolina’.

Section 11320.(A)The right to life for each born and preborn human being vests at fertilization.

(B)The rights guaranteed by Article I, Section 3 of the Constitution of this State, that no person shall be deprived of life without due process of law, nor shall any person be denied the equal protection of the laws, vest at fertilization for each born and preborn human person.”

SECTION2.This act takes effect upon approval by the Governor.

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