H 4760

South Carolina General Assembly
126th Session, 2025-2026
Bill 4760
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Committee Report
May 6, 2026
H. 4760
Introduced by Reps. W. Newton, Oremus, G. M.
Smith, Jordan, Crawford, Duncan, Erickson, Forrest, Gatch, Gilliam, Guest,
Haddon, Hiott, Hixon, J. E. Johnson, Lawson, Ligon, Long, Lowe, McCravy,
Martin, C. Mitchell, T. Moore, B. Newton, Pedalino, Pope, Rankin, Robbins,
Sessions, Vaughan, Whitmire, Willis, Yow, Chumley, Edgerton, Taylor, Bowers,
White and Burns
S. Printed 5/6/26--S.
Read the first time February 5, 2026
________
The committee on Senate Medical
Affairs
To whom was referred a Bill (H. 4760) to amend
the South Carolina Code of Laws by adding Article 8 to Chapter 41, Title 44 so
as to create crimes and associated penalties regarding the use of
abortion-inducing, etc., respectfully
Report:
That they have duly and carefully considered
the same, and recommend that the same do pass:
DANIEL VERDIN for Committee.
_______
A bill
TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY ADDING ARTICLE 8 TO CHAPTER 41, TITLE 44 SO AS TO CREATE
CRIMES AND ASSOCIATED PENALTIES REGARDING THE USE OF ABORTION-INDUCING DRUGS,
WITH EXCEPTIONS; BY AMENDING SECTION 44-53-250, RELATING TO SCHEDULE IV
CONTROLLED SUBSTANCES, SO AS TO ADD MIFEPRISTONE AND MISOPROSTOL; AND BY
AMENDING SECTION 44-53-370, RELATING TO CONTROLLED SUBSTANCE OFFENSES AND
PENALTIES, SO AS TO CREATE CRIMINAL PENALTIES FOR POSSESSION OF MIFEPRISTONE
AND MISOPROSTOL, WITH EXCEPTIONS.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Chapter 41, Title 44 of the S.C. Code is amended by
adding:
Article 8
Abortion-Inducing Drug Prohibitions
    Section
44-41-810. For purposes of this article:
    (1)
"Abortion" or "induced abortion" has the same meaning as the term "abortion" in
Section 44-41-610.
    (2)(a) "Abortion-inducing drug" means any
drug or chemical, or any combination of drugs or chemicals, or any other
substance when used with the intent to cause an abortion including, but not
limited to, RU-486, the Mifeprex regimen, misoprostol (Cytotec), or
methotrexate.
       (b)
"Abortion-inducing drug" does not mean a contraceptive, an emergency
contraceptive, or the use of methotrexate to treat an ectopic pregnancy.
    (3)
"Great bodily injury" means bodily injury which creates a substantial risk of
death or which causes serious, permanent disfigurement, or protracted loss or
impairment of the function of a bodily member or organ.
    (4)
"Hospital" means those institutions licensed for hospital operation by the
department in accordance with Article 3, Chapter 7 of this title and which have
also been certified by the department to be suitable facilities for the
performance of abortions.
    (5)
"Interactive computer service" means any information service, system, or access
software provider that provides or enables computer access by multiple users to
a computer server, including specifically a service or system that provides
access to the internet and such systems operated or services offered by
libraries or educational institutions.
    (6)
"Medical emergency" has the same meaning as defined in Section 44-41-610.
    (7)
"Pregnant" has the same meaning as defined in Section 44-41-610.
    (8)
"Unlawful abortion" means any abortion not authorized pursuant to South
Carolina state law.
    Section
44-41-820. (A) It is unlawful for
any person to knowingly cause an abortion to occur by means of delivering,
dispensing, distributing, or providing a pregnant woman with an
abortion-inducing drug.
       (B)(1) Any person who knowingly performs
an abortion by means of an abortion-inducing drug in violation of this section
is guilty of a felony and, upon conviction, must be imprisoned for not more
than five years, or fined not more than fifty thousand dollars, or both.
       (2)
Any person who knowingly performs an abortion by means of an abortion-inducing
drug in violation of this section that results in the death or the substantial
and irreversible impairment of a major bodily function, not including
psychological or emotional conditions, of the pregnant woman is guilty of a
felony and, upon conviction, must be imprisoned for not more than ten years, or
fined not more than seventy-five thousand dollars, or both.
       (3)
Any person who knowingly performs an abortion by means of an abortion-inducing
drug in violation of this section that results in the death or the substantial
and irreversible impairment of a major bodily function, not including
psychological or emotional conditions, of a pregnant woman under the age of
eighteen is guilty of a felony and, upon conviction, must be imprisoned for not
more than fifty years, or fined not more than one hundred thousand dollars, or
both.
    (C)
None of the following shall be construed to create the crime of criminal
abortion by means of an abortion-inducing drug:
       (1)
any action taken when a physician or other licensed medical professional is
acting in the course of administering lawful medical care;
       (2)
any act taken or omission by a pregnant woman with regard to her own unborn
child;
       (3)
possessing for her own consumption or consuming an abortion-inducing drug by a
pregnant woman in violation of this section;
       (4)
lawfully prescribing, dispensing, or distributing a drug, medicine, or other
substance for a bona fide medical reason that is not intended to cause an
abortion in violation of this section;
       (5)
the act of administering an abortion-inducing drug when the drug is
administered by a physician licensed by the South Carolina Board of Medical
Examiners who administers the abortion-inducing drug in person to the pregnant
woman when such administration is otherwise lawful pursuant to South Carolina
law; provided, however, the provisions of this item are not a defense against
prosecution under any other provision of law that makes the abortion unlawful,
whether the other provision of law is in effect on the effective date of this
article, or becomes unlawful at a later date; or
       (6)
any act by a licensed pharmacist or pharmacy related to filling a prescription
for a drug, medicine, or other substance prescribed for a bona fide medical
reason; provided, however, a diagnosis or a diagnosis code must be written on
the prescription by the prescriber indicating that the drug, medicine, or other
substance is intended for a purpose other than to cause an abortion in
violation of this section.
    Section
44-41-830. (A) It is unlawful for
any person to knowingly and intentionally engage in the use of an
abortion-inducing drug on a pregnant woman, without her knowledge or consent,
with the intent to cause an abortion.
    (B)(1) Except as provided in item (2), a
person who violates subsection (A) is guilty of a felony and, upon conviction,
must be imprisoned for not more than ten years, or fined not more than
seventy-five thousand dollars, or both.
       (2)
If the unborn child is more than three months of gestational age when a person
violates subsection (A), the person is guilty of a felony and, upon conviction,
must be imprisoned for not more than twenty years, or fined not more than one
hundred thousand dollars, or both.
    (C)
The prosecution of a person pursuant to this section is not a defense against
the prosecution under any other provision of law, including murder or attempted
murder, should the person violate subsection (A) and the use of an
abortion-inducing drug results in the death or the substantial and irreversible
impairment of a major bodily function, not including psychological or emotional
conditions, of the pregnant woman.
    Section
44-41-840. (A) Any person or entity
is subject to strict liability for damages from the harm caused to the mother
or unborn child who:
       (1)
manufactures, mails, distributes, transports, delivers, or provides an
abortion-inducing drug; or aids or abets the performance, induction, or
attempted abortion, or the manufacture, mailing, distribution, transportation,
delivery, or provision of abortion-inducing drugs; and
       (2)
whose product or conduct directly results in great bodily injury or death to
the mother or unborn child, as defined in Section 44-41-610, in violation of
Chapter 41, Title 44.
    (B)(1)(a) A civil action may be brought
pursuant to this section by the mother of the unborn child; the father of the
unborn child, including the biological father regardless of marital status; the
grandparents of the unborn child; the siblings of the unborn child; or the
legal guardians of the unborn child's mother if the mother has not reached the
age of majority.
       (b)
An action filed pursuant to this section may be brought individually or
jointly. The right of any one eligible party to sue is not contingent upon or
barred by another eligible party's decision not to sue.
       (2)(a) A person who intentionally
administers an abortion-inducing drug to another person without the other
person's consent that results in the death of or bodily injury to a child who
is in utero is guilty of a separate offense under this subsection.
  (b)(i) Except as otherwise provided in
this subsection, the punishment for a separate offense, as provided for in
subsection (B)(2)(a), is the same as the punishment provided for that criminal
offense had the death or bodily injury occurred to the unborn child's mother.
  (ii) Notwithstanding any provision of
this section or any other provision of law, the death penalty must not be
imposed for an offense prosecuted under this section.
  (c)
Nothing in this subsection may be construed to permit the prosecution under
this subsection:
  (i)
of a person for conduct relating to an abortion for which the consent of the
pregnant woman, or a person authorized by law to act on her behalf, has been
obtained or for which such consent is implied by law;
  (ii) of a person for any medical
treatment of the pregnant woman or her unborn child; or
  (iii) of a woman with respect to her
unborn child.
  (d)
Nothing in this section shall be construed to broaden or restrict any other
rights currently existing for the child who is in utero, including prosecution
pursuant to Section 16-3-1083.
    (C)(1) Any plaintiff may recover
compensatory damages for bodily injury, emotional distress, and financial
losses; punitive damages for wilful or reckless conduct; reasonable attorney's
fees and court costs; and any other equitable relief deemed appropriate by the
court, provided that the damages are not duplicative.
       (2)
Notwithstanding any other provision of law, the commencement of a civil action
pursuant to this section shall not be construed to limit, waive, or otherwise
impair the right of any plaintiff to pursue claims under any other theory of
liability including, without limitation, claims for survival or wrongful death
pursuant to Chapter 51, Title 15, or any other applicable provision of law,
provided that any damages awarded under an alternative theory are not
duplicative.
    (D)
Any action brought pursuant to this section must be commenced within three
years from the date the plaintiff knew or reasonably should have known the
great bodily injury or death was caused by the drug.
    (E)(1) A South Carolina court may
exercise personal jurisdiction over any person or entity, whether acting
directly or through an agent, that violates this section, regardless of
location, that:
  (a)
manufactures, mails, distributes, transports, delivers, or provides
abortion-inducing drugs, or aids and abets the performance, induction, or
attempted abortion, or the manufacture, mailing, distribution, transportation,
delivery, or provision of abortion-inducing drugs to another person the person
or entity knows or reasonably should know is physically located in South
Carolina, thereby transacting business in the State;
  (b)
commits an act in whole or in part in this State by intentionally directing
into South Carolina any abortion-inducing drug in violation of state law, or by
purposefully providing remote services into South Carolina that directly result
in the unlawful use of abortion-inducing drugs or injury in this State;
  (c)
causes injury in this State by an act or omission outside this State, if the
person or entity regularly delivers, mails, ships, distributes, markets,
solicits, or provides abortion-inducing drugs or related services into South
Carolina, or otherwise engages in a persistent course of conduct purposefully
directed at South Carolina;
  (d)
produces, manufactures, or distributes goods with the reasonable expectation
that the goods will be used or consumed in this State, and the
abortion-inducing drugs are in fact used or consumed in South Carolina in
violation of South Carolina law; or
  (e)
aids or abets any person in committing any of the acts described in subitems
(a) to (d).
       (2)
When jurisdiction over a person or entity is based solely on this subsection,
only a cause of action arising from the conduct enumerated in this subsection
may be asserted.
       (3)
Notwithstanding any other provision of law, including Chapter 2, Title 36, the
courts of this State shall exercise personal jurisdiction over any person or
entity for claims arising pursuant to this section to the fullest extent
permitted by the Due Process Clause of the Fourteenth Amendment to the United
States Constitution. Service of process may be made outside this State in
accordance with applicable law.
    (F)
Notwithstanding any other provision of law, this section does not apply to and
may not be construed to impose liability on:
       (1)
a hospital;
       (2)
a physician or healthcare professional licensed to practice medicine in this
State, unless the plaintiff pleads and proves that the physician or healthcare
professional:
  (a)
knowingly performed or induced an abortion in violation of the laws of this
State; or
  (b)
knowingly aided or abetted an abortion that was performed or induced in
violation of the laws of this State;
       (3)
an internet service provider or the provider's affiliates or subsidiaries;
       (4)
a search engine;
       (5)
a cloud service provider that solely provides access or connection to or from
an internet website or other information or content on the internet or on a
facility, system, or network that is not under the provider's control,
including transmission, downloading, intermediate storage, access software, or
other services;
       (6)
a provider or user of an interactive computer service if the lawsuit would be
preempted by 47 U.S.C. Section 230(c);
       (7)
a person who manufactures, distributes, mails, transports, delivers,
prescribes, provides, or possesses abortion-inducing drugs solely for one or
more of the following purposes:
  (a)
treating a medical emergency;
  (b)
removing an ectopic pregnancy;
  (c)
removing a dead, unborn child whose death was caused by spontaneous abortion;
or
  (d)
any purpose that does not include performing, inducing, attempting, or
assisting an unlawful abortion;
       (8)
the provision of basic public services, including fire and police protection
and utilities, by a governmental entity or a common carrier to an abortion
provider, an abortion fund, an affiliate of an abortion provider or abortion
fund, or a manufacturer or distributor of abortion-inducing drugs, in the same
manner as the governmental entity or common carrier provides those services to
the general public; or
       (9)
conduct taken at the behest of federal agencies, contractors, or employees that
are carrying out duties under federal law, if a prohibition on that conduct
would violate the doctrines of preemption or intergovernmental immunity.
    (G)
Notwithstanding any other provision of law, this section does not impose
liability for:
       (1)
death or personal injuries resulting from a lawful abortion performed in this
State;
       (2)
death or personal injuries resulting from an abortion performed or induced by a
licensed physician in response to a medical emergency;
       (3)
speech or conduct protected by the First Amendment of the United States
Constitution, as made applicable to the states through the Supreme Court of the
United States' interpretations of the Fourteenth Amendment of the United States
Constitution, or by Section 2, Article I of the South Carolina Constitution;
       (4)
conduct taken by a pregnant woman who aborts or seeks to abort her unborn
child; or
       (5)
the manufacture, distribution, mailing, transport, delivery, prescription,
provision, or possession of an abortion-inducing drug solely for one or more of
the purposes described in subsection (F)(7).
    (H)
Notwithstanding any other provision of law, a civil action pursuant to this
section may not be brought:
       (1)
against the woman who used or sought to obtain abortion-inducing drugs to abort
or attempt to abort her unborn child;
       (2)
against any person that acted at the behest of federal agencies, contractors,
or employees that are carrying out duties under federal law, if the imposition
of liability would violate the doctrines of preemption or intergovernmental
immunity;
       (3)
by any person who impregnated the woman who used abortion-inducing drugs
through an act of rape, sexual assault, or incest, or by anyone who acts in
concert or participation with such a person;
       (4)
against a physician or a healthcare professional licensed by this State, except
where the plaintiff pleads and proves the violations described in subsection
(F)(2); or
       (5)
against a common carrier, a pharmaceutical manufacturer, a pharmaceutical
distributor, or a pharmacy located in this State and licensed by the South
Carolina Board of Pharmacy, unless the plaintiff pleads and proves that the
defendant:
  (a)
failed to take reasonable precautions to ensure that it would not engage in the
conduct described in this section; or
  (b)
failed to adopt and implement a policy to not distribute, mail, transport,
deliver, provide, or possess abortion-inducing drugs other than for one or more
of the purposes described in subsection (F)(7).
SECTION 2.  Section 44-53-250 of the S.C. Code is amended by
adding:
    (h) Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following substances, including
their salts, isomers (whether position, geometric, or optical), and salts of
such isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
       (1)
Mifepristone
       (2)
Misoprostol
SECTION 3.  Section 44-53-370 of the S.C. Code is amended by
adding:
    (h)(1) It is unlawful for any person
knowingly or intentionally to possess mifepristone or misoprostol, unless such
substance was obtained directly or pursuant to a valid prescription or order
from a practitioner, or as provided in Section 44-53-360, while acting in the
course of the person's professional practice or except as authorized by this
subsection.
       (2)
A person who violates the provisions of this subsection is guilty of a felony
and, upon conviction, must be imprisoned for not more than five years, or fined
not more than five thousand dollars, or both.
       (3)
It is not a violation of this subsection for a pregnant woman to possess mifepristone
or misoprostol for her own consumption.
SECTION 4.  The
South Carolina Board of Pharmacy is directed to notify all pharmacists in South
Carolina about the provisions of this law and that lawful prescriptions for
mifepristone and misoprostol may be filled in accordance with this act.
SECTION 5.  The
South Carolina Department of Public Health is directed to notify all healthcare
practitioners and providers in South Carolina about the provisions of this law
and that mifepristone and misoprostol may be prescribed and administered in
accordance with this act.
SECTION 6.  Article 1, Chapter 41, Title 44 of the S.C. Code is
amended by adding:
    Section
44-41-95.  (A) It is unlawful for a
person or entity to knowingly solicit or provide funding or assistance in the
State of South Carolina for the unlawful delivering, dispensing, distributing,
or providing of an abortion-inducing drug to a pregnant woman.
    (B) The
Attorney General is authorized to pursue civil forfeiture of the prohibited
funds, with forfeiture limited to funds directly connected to unlawful conduct.
    (C) The
Attorney General is authorized to pursue injunctive relief against
organizations that knowingly or repeatedly violate the prohibitions of subsection
(A).
SECTION 7.  The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide.  After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.
SECTION 8.  If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.
SECTION 9.  This act takes effect ninety days
after approval by the Governor.
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