South Carolina General Assembly
119th Session, 2011-2012

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H. 3945

STATUS INFORMATION

General Bill
Sponsors: Reps. Barfield, Loftis, Patrick, Parker, Hiott, Thayer, Tribble, V.S. Moss, Toole, Nanney, Anderson, Owens, Bikas, Erickson, Forrester, Stringer, Allison, Chumley, Viers, Quinn, Limehouse, Bedingfield, Bingham, G.A. Brown, Clemmons, Corbin, Daning, Edge, Frye, Hamilton, Henderson, Herbkersman, Hixon, Hosey, Lowe, D.C. Moss, Merrill, Pinson, Pitts, Pope, Sandifer, Simrill, G.M. Smith, G.R. Smith, J.R. Smith, Spires, Tallon, Taylor, Vick, White, Atwater, Brannon and Putnam
Document Path: l:\council\bills\nbd\11171ac11.docx
Companion/Similar bill(s): 616

Introduced in the House on March 16, 2011
Currently residing in the House Committee on Judiciary

Summary: Personhood Act of South Carolina

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   3/16/2011  House   Introduced and read first time (House Journal-page 9)
   3/16/2011  House   Referred to Committee on Judiciary (House Journal-page 9)
   1/25/2012  House   Member(s) request name added as sponsor: Atwater
   1/31/2012  House   Member(s) request name added as sponsor: Brannon
    2/2/2012  House   Member(s) request name added as sponsor: Putnam

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/16/2011

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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 "PERSONHOOD 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 SECTION 3, ARTICLE I OF THE CONSTITUTION OF THIS STATE, VEST AT FERTILIZATION FOR EACH BORN AND PREBORN HUMAN PERSON.

Whereas, the General Assembly, under Section 1A, Article III 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, Section 3, Article I 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:

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

"Article 5

Personhood

Section 1-1-310.    This article may be cited as the 'Personhood Act of South Carolina'.

Section 1-1-320.    (A)    The right to life for each born and preborn human being vests at fertilization.

(B)    The rights guaranteed by Section 3, Article I 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."

SECTION    2.    This act takes effect upon approval by the Governor.

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