South Carolina 2025-2026 Regular Session

South Carolina House Bill H3457

Introduced
1/14/25  

Caption

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "HUMAN LIFE PROTECTION ACT" BY ADDING SECTION 44-41-615 SO AS TO PROHIBIT ALL ABORTIONS IN THE STATE OF SOUTH CAROLINA, WITH AN EXCEPTION FOR MEDICAL EMERGENCIES, AND TO ESTABLISH PENALTIES; BY ADDING SECTION 44-41-685 SO AS TO ADDRESS A WOMAN'S RIGHT TO ANONYMITY IN RELATED LEGAL PROCEEDINGS; BY AMENDING SECTIONS 44-41-610, 44-41-620, 44-41-630, AND 44-41-640, ALL RELATING TO THE "FETAL HEARTBEAT AND PROTECTION FROM ABORTION ACT," SO AS TO MAKE CONFORMING CHANGES AND TO ADDRESS ACCESS TO CONTRACEPTIVES AND ASSISTED REPRODUCTIVE TECHNOLOGIES; BY PROVIDING THE GENERAL ASSEMBLY THE RIGHT TO INTERVENE IN LEGAL CHALLENGES TO THE ACT; BY AMENDING SECTION 44-41-37, RELATING TO ABORTION COUNSELING FOR MINORS, SO AS TO ELIMINATE REFERENCE TO A JUDICIAL BYPASS PROCEDURE; BY AMENDING SECTIONS 44-41-60 AND 44-41-90, RELATING TO REPORTING OF ABORTIONS AND PUBLIC FUNDING OF ABORTIONS RESPECTIVELY, SO AS TO MAKE CONFORMING CHANGES; BY REPEALING SECTIONS 44-41-32, 44-41-33, AND 44-41-34 RELATING TO A JUDICIAL BYPASS PROCEDURE FOR MINORS SEEKING AN ABORTION; BY REPEALING SECTIONS 44-41-650 AND 44-41-660 RELATING TO EXCEPTIONS FOR RAPE AND INCEST AND FOR FATAL FETAL ANOMALY RESPECTIVELY; AND TO RETITLE ARTICLE 6 OF CHAPTER 41, TITLE 44, AS THE "HUMAN LIFE PROTECTION ACT."

Summary

H3457, titled the “Human Life Protection Act,” would substantially rewrite South Carolina’s abortion laws by prohibiting all abortions in the state except in limited medical-emergency circumstances. The bill creates a new section making it a felony to knowingly provide, prescribe, sell, or use any medicine, drug, device, or procedure with the specific intent to cause an abortion, and it sets criminal penalties of up to two years in prison and/or a $10,000 fine. It also adds provisions allowing the General Assembly to intervene in constitutional challenges to the act and creating anonymity protections for women in related court proceedings. The bill also amends existing abortion-related statutes to conform to the new prohibition and to address related issues such as informed consent, ultrasound requirements, abortion reporting, public funding restrictions, contraception, and assisted reproductive technology. It preserves exceptions for medical emergencies and serious threats to a pregnant woman’s life or major bodily function, while requiring documentation and recordkeeping by physicians. It also states that contraception, emergency contraception, IUDs, and IVF are generally not violations, but it treats selective reduction in fertility treatment as a violation unless medically necessary. The bill repeals South Carolina’s judicial bypass procedure for minors and repeals statutory exceptions for rape, incest, and fatal fetal anomaly. The overall sentiment in the available materials is not reflected through committee debate or recorded votes, because no transcripts or vote history were provided. Based on the bill’s content and title, it appears to be a strongly anti-abortion measure intended to prohibit nearly all abortions and tighten enforcement. Its structure suggests a clear policy goal of replacing the existing fetal-heartbeat framework with a broader near-total ban. The main points of contention are likely to center on the breadth of the abortion ban, the elimination of exceptions for rape, incest, and fatal fetal anomaly, and the criminal penalties imposed on providers. Additional likely disputes involve the medical-emergency standard, the documentation requirements placed on physicians, the treatment of selective reduction in IVF, and the removal of the judicial bypass process for minors. The bill’s anonymity provisions and legislative intervention clause also suggest anticipation of legal challenges and concern over litigation strategy.

Impact

If enacted, H3457 would significantly alter South Carolina law by repealing key exceptions and procedures in the current abortion framework and replacing them with a broader prohibition on abortion under the new “Human Life Protection Act.” It would amend multiple sections of Title 44, Chapter 41 to conform existing law to the new ban, remove the judicial bypass process for minors, restrict public funding for abortion except in limited circumstances, and impose new reporting and recordkeeping obligations on physicians. It would also clarify that contraception and most assisted reproductive technologies remain lawful, while specifically regulating selective reduction.

Sentiment

No committee transcripts or recorded votes were provided, so there is no documented legislative debate or voting pattern to summarize. From the text alone, the bill appears to reflect a strongly pro-life, anti-abortion position and to be designed as a comprehensive restriction on abortion access. The absence of recorded opposition or support in the supplied materials means sentiment cannot be measured directly, but the bill’s scope indicates it is likely to be highly polarizing.

Contention

The most contentious provisions are the near-total abortion prohibition, the removal of exceptions for rape, incest, and fatal fetal anomaly, and the criminal penalties for providers and others involved in abortions. The medical community may also object to the bill’s documentation and recordkeeping requirements, the narrow framing of medical-emergency exceptions, and the treatment of IVF selective reduction. Advocates for minors’ rights are likely to oppose the repeal of judicial bypass procedures, while privacy advocates may scrutinize the anonymity provisions and the Legislature’s express right to intervene in constitutional litigation.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.