Bill to increase abortion penalties advances in South Carolina

A bill aimed at increasing penalties for doctors and women regarding illegal abortions has passed the South Carolina Senate Medical Affairs Committee.

Key Takeaways:

• The South Carolina Senate Medical Affairs Committee passed the Unborn Child Protection Act in an 8-4 vote last week.

• The bill would allow penalties for those who commit or help commit abortions, as well as for women who undergo abortions.

• Exceptions are allowed for babies conceived in rape or incest, or for babies whose mothers' lives are considered to be in danger.

• The bill now heads to the Senate for consideration.

The Details:

South Carolina Senate Bill 1095, the Unborn Child Protection Act, passed the Medical Affairs Committee last week in an 8-4 vote. The bill creates new penalties for both undergoing and commiting an abortion. Under the bill:

• Anyone who commits or helps to commit an abortion could face felony charges and up to 20 years in prison.

• A woman who undergoes an abortion could be charged with a misdemeanor and face up to two years in prison.

There are exceptions if the child was conceived in rape or incest, and instances in which the mother's life was believed to be in danger. The goal, according to bill sponsor, State Senator Richard Cash, is to protect the lives of preborn children.

The bill would also classify both drugs in the abortion pill regimen, mifepristone and misoprostol, as controlled substances.

"Obviously, I'm proposing that we put that penalty back into the code because I believe that a human life does begin at conception and deserves legal protection. And if there's no penalty for killing you, you don't have legal protection," he said. "It's a generational issue. It's not going to be solved today or tomorrow all across this country. But that doesn't mean we shouldn't be trying to talk about it and trying to move the line of protecting human life forward. And that's what this bill attempts to do is protect the sanctity of human life in the womb."

He noted that he does not know if his efforts will be successful, but he is "going to push within the Republican caucus to get this to the floor."

An opponent of the bill, Sen. Tom Davis, said, "This law is so out of step of where South Carolinians are. It does not create a culture of life. This bill isn't going to get debated on the calendar. This bill couldn't muster 15 votes in this Senate, much less votes to invoke cloture. I'm not sure what we're doing."

What's Happening Now

The bill now heads to the Senate for consideration, but the South Carolina State Legislature is scheduled to adjourn on May 7, 2026, giving legislators a short timeline to move the bill through both houses.