S 385 — Women's Childbirth Alternatives, Resources, and Education Act

Information obtained solely through pregnancy testing, prenatal or postpartum care, or behavioral-health screening during pregnancy shall be inadmissible in criminal prosecutions except when independently and lawfully obtained.

  SECTION 4.  Section 24-21-410 of the S.C.

Code is amended to read:

      Section 24-21-410.

(A) After conviction or plea for any offense, except a crime punishable by death or life imprisonment, the judge of a court of record with criminal jurisdiction at the time of sentence may suspend the imposition or the execution of a sentence and place the defendant on probation or may impose a fine and also place the defendant on probation.

Probation is a form of clemency.

Before a defendant may be placed on probation, he must agree in writing to be subject to a search or seizure, without a search warrant, based on reasonable suspicions, of the defendant's person, any vehicle the defendant owns or is driving, and any of the defendant's possessions by:

    (1) any probation agent employed by the Department of Probation, Parole and Pardon Services;

or     (2) any other law enforcement officer.

    A defendant may not be placed on probation by the court if he fails to comply with this provision and instead must be required to serve the suspended portion of the defendant's sentence.

However, a defendant who was convicted of or pled guilty or nolo contendere to a Class C misdemeanor or an unclassified misdemeanor that carries a term of imprisonment of not more than one year may not include the requirement that the defendant agree to be subject to search or seizure, without a search warrant, with or without cause, of the defendant's person, any vehicle the defendant owns or is driving, or any of the defendant's possessions.

    Immediately before each search or seizure pursuant to this section, the law enforcement officer seeking to conduct the search or seizure must verify with the Department of Probation, Parole and Pardon Services or by any other means available to the officer that the individual upon whom the search or seizure will be conducted is currently on parole.

A law enforcement officer conducting a search or seizure without a warrant pursuant to this section shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure.

The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse.

A finding of abuse of the use of searches or seizures without a search warrant must be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation.

If the law enforcement officer fails to report each search or seizure pursuant to this section, he is subject to discipline pursuant to the employing agency's policies and procedures.

    (B) If the defendant is pregnant or in a post-partum period, the judge may impose a term of incarceration to begin not earlier than twelve week (12) weeks and not later than twelve (12) months post-partum.

During the pregnancy and post-partum period, the judge may place the defendant on probation, subject to the standard conditions of supervision and other special conditions, as the judge may order.

Upon the expiration of the post-partum period, the defendant must surrender to the jail of the county of conviction for the imposition of the incarceration sentence.

During this period of probation, agents or the court may respond to violations by pregnant or post-partum defendants according to Sections 24-21-450 and 24-21-460.

  SECTION 5.  Section 24-21-430 of the S.C.

Code is amended to read:

      Section 24-21-430.

The court may impose by order duly entered and may at any time modify the conditions of probation and may include among them any of the following or any other condition not prohibited in this section;

however, the conditions imposed must include the requirement that the probationer must permit the search or seizure, without a search warrant, based on reasonable suspicions, of the probationer's person, any vehicle the probationer owns or is driving, and any of the probationer's possessions by:

    (1) any probation agent employed by the Department of Probation, Parole and Pardon Services;

or     (2) any other law enforcement officer, but the conditions imposed upon a probationer who was convicted of or pled guilty or nolo contendere to a Class C misdemeanor or an unclassified misdemeanor that carries a term of imprisonment of not more than one year may not include the requirement that the probationer agree to be subject to search or seizure, without a search warrant, with or without cause, of the probationer's person, any vehicle the probationer owns or is driving, or any of the probationer's possessions.

    By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment.

Immediately before each search or seizure pursuant to this section, the law enforcement officer seeking to conduct the search or seizure must verify with the Department of Probation, Parole and Pardon Services or by any other means available to the officer that the individual upon whom the search or seizure will be conducted is currently on probation.

A law enforcement officer conducting a search or seizure without a warrant pursuant to this section shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure.

The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse.

A finding of abuse of the use of searches or seizures without a search warrant must be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation.

If the law enforcement officer fails to report each search or seizure pursuant to this section, he is subject to discipline pursuant to the employing agency's policies and procedures.

    To effectively supervise probationers, the director shall develop policies and procedures for imposing conditions of supervision on probationers.

These conditions may enhance but must not diminish court imposedcourt-imposed conditions.

When a defendant is pregnant or postpartum, conditions of probation shall consider maternal and infant health, including access to medical care, treatment, and parenting education.

    The probationer shall:

    (1) refrain from the violations of any state or federal penal laws;

    (2) avoid injurious or vicious habits;

    (3) avoid persons or places of disreputable or harmful character;

    (4) permit the probation agent to visit at his home or elsewhere;

    (5) work faithfully at suitable employment as far as possible;

    (6) pay a fine in one or several sums as directed by the court;

    (7) perform public service work as directed by the court;

    (8) submit to a urinalysis or a blood test or both upon request of the probation agent;

    (9) submit to curfew restrictions;

    (10) submit to house arrest which is confinement in a residence for a period of twenty-four hours a day, with only those exceptions as the court may expressly grant in its discretion;

    (11) submit to intensive surveillance which may include surveillance by electronic means;

    (12) support his dependents;

and     (13) follow the probation agent's instructions and advice regarding recreational and social activities.

  SECTION 6.  Chapter 15, Title 17 of the S.C.

Code is amended by adding:

      Section 17-15-45.  At any bond hearing, when notice of pregnancy or postpartum status is provided, the court shall consider such status when determining conditions of release.

  SECTION 7.  Chapter 27, Title 17 of the S.C.

Code is amended by adding:

      Section 17-27-170.

(A) A solicitor may at any time recommend, by motion to the court, recall of sentence and move the court to re-sentence a pregnant or postpartum defendant in the interests of justice.

    (B) Upon receipt of the motion, the court shall schedule a hearing, notify victims in accordance with the South Carolina Crime Victims' Bill of Rights (Article 15, Chapter 3, Title 16), and determine whether continued incarceration poses an unreasonable risk to public safety.

    (C) Upon recall, the court shall:

       (1) reduce the term of imprisonment;

       (2) convert incarceration to probation or community supervision;

       (3) stay the sentence through the postpartum period pursuant to Section 24-13-2210;

or        (4) impose rehabilitative or maternal-health conditions.

    (D) Resentencing under this section shall not increase the original sentence, and is not subject to the time restrictions contained in Rule 29(a), South Carolina Rules of Criminal Procedure.

  SECTION 8.  Nothing in this Act shall be construed to authorize criminalization or surveillance of pregnancy outcomes, miscarriage, or abortion, or to limit greater protections afforded under federal or state law.

  SECTION 9.  This Act shall take effect January 1, 2027, and the first annual report required under Section 24-13-2210(G) shall be submitted to the Department of Health and Human Services by January 1, 2028.

Renumber sections to conform.

Amend title to conform.

  SHANE MARTIN for Committee.

  _______                 A bill   TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "WOMEN'S CHILDBIRTH ALTERNATIVES, RESOURCES, AND EDUCATION (CARE) ACT" BY ADDING ARTICLE 21, CHAPTER 13 TO TITLE 24 SO AS TO PROVIDE FOR PREGNANCY TESTING OF CERTAIN WOMEN AFTER ADMISSION TO CERTAIN INCARCERATION FACILITIES, THE SUPERVISED PREINCARCERATION PROBATION OF PREGNANT WOMEN UNDER CERTAIN CIRCUMSTANCES, THE SELF SURRENDER OF WOMEN SERVING PREINCARCERATION TERMS OF PROBATION TWELVE WEEKS AFTER THE BIRTH OF THEIR CHILDREN, CRIMINAL PENALTIES FOR FAILURE TO SURRENDER, PROCEDURES FOR WOMEN TO FOLLOW IF THEY LOSE THEIR PREGNANCIES WHILE ON PREINCARCERATION PROBATION, AND CERTAIN REPORTING REQUIREMENTS.

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