South Carolina legislation · 126th General Assembly
South Carolina S385: Women's Childbirth Alternatives, Resources, and Education Act
Status: In committee, April 30, 2026
What the bill says
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 pregnan.
From the engrossed text, April 16, 2026:
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. Amend Title To Conform B e it enacted by the General Assembly of the State of South Carolina: S ECTION 1. This act may be cited as the "South Carolina Women's Childbirth Alternatives, Resources, and Education (CARE or WCA) Act." S ECTION 2. C hapter 13, Title 24 of the S.C. Code is amended by adding: A rticle 21 " South Carolina Women's Childbirth Alternatives, Resources, and Education (CARE or WCA) Act" S ection 24-13-2210. ( A) For purposes of this section: ( 1) "Pregnant or postpartum defendant" means a person who is pregnant or within one year after the end of pregnancy, regardless of outcome. ( 2) "Newborn" means a child under one year of age. ( 3) "Stay of execution …