A South Carolina Senate Medical Affairs subcommittee on Tuesday held an hours-long public hearing on legislation that would significantly expand abortion restrictions in the state. The bill remains stalled in committee following the hearing, with no vote to advance it to the full Senate.
Senate Bill 323, titled the “Unborn Child Protection Act”, would make multiple structural changes to the state’s abortion laws. According to the bill text published by the South Carolina General Assembly, the proposal removes the state’s existing rape, incest, and fatal fetal anomaly exception, as well as creates new civil liability provisions allowing lawsuits against individuals who perform or assist in an abortion. It also establishes new criminal penalties for violations, including for acts that “aid or abet” an abortion. The bill expands enforcement authority to oversee compliance. It applies to conduct from fertilization onward and does not include the protective language in prior statutes barring prosecution of pregnant individuals.
The subcommittee did not unify around the measure. Republican members were split: two voted to advance the bill, while four did not vote. All three Democrats voted against advancement.
South Carolina currently prohibits abortions once fetal cardiac activity is detected, a point that typically occurs around six weeks of pregnancy. According to the Center for Reproductive Rights, South Carolina is considered a hostile state, where the right to abortion is threatened by plans to ban it, and with no legal protection. If enacted, the proposed changes would place South Carolina among the strictest states in the country, adding new criminal and civil penalties on top of an already highly restrictive abortion framework.
Because the bill did not receive the favorable support required under committee rules, it remains stalled and will likely become a “dead bill”. However, per the South Carolina Rules of the Senate, before the expiration of five days, recalling a bill is possible if the Senate reaches a majority with three-fourths of the Senators present.