South Carolina § 44-41-380 - Severability of provisions of article.
Full text of South Carolina South Carolina Code of Laws § 44-41-380 — Severability of provisions of article., with citation guidance and answers to common questions.
§ 44-41-380. Severability of provisions of article.
If any provision, word, phrase, or clause of Article 3, Chapter 41, Title 44 of the 1976 Code, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or applications of Article 3, Chapter 41, Title 44 which can be given effect without the invalid provision, word, phrase, clause, or application, and, to this end, the provisions, words, phrases, and clauses of Article 3, Chapter 41, Title 44 are declared to be severable.
HISTORY: 1995 Act No. 1, SECTION 10; 2010 Act No. 268, SECTION 4, eff June 24, 2010.
Editor's Note
2023 Act No. 70, SECTION 13.B, provides as follows:
"[SECTION 13.]B. Article 5, Chapter 41, Title 44 of the S.C. Code is repealed. However, if some or all of the provisions contained in SECTION 2 of this act are ever temporarily or permanently restrained or enjoined by judicial order, or are held to be unconstitutional or invalid, then all of the provisions of Article 5, Chapter 41, Title 44 are reenacted retroactively to the date the judicial order either temporarily or permanently restraining or enjoining some or all of the provisions contained in SECTION 2 or declaring some or all of the provisions contained in SECTION 2 unconstitutional or invalid is entered."
SECTIONS 44-41-410 to 44-41-480. Repealed.
HISTORY: Former Section 44-41-410, titled Short title, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023.
HISTORY: Former Section 44-41-420, titled Legislative findings, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023.
HISTORY: Former Section 44-41-430, titled Definitions, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023.
HISTORY: Former Section 44-41-440, titled Determination of probable post-fertilization age of unborn child, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023.
HISTORY: Former Section 44-41-450, titled Abortion prohibited when probable post-fertilization age of unborn child is twenty or more weeks; exceptions, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023.
HISTORY: Former Section 44-41-460, titled Report of abortion performed pursuant to Section 44-41-450; patient privacy; department to issue public report; late fee for failure of facility to report; regulations, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016; 2021 Act No. 1 (S.1), SECTION 4, eff February 18, 2021. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023.
HISTORY: Former Section 44-41-470, titled Penalties for noncompliance with Sections 44-41-440 and 44-41-450, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023.
HISTORY: Former Section 44-41-480, titled Construction against implicit repeal of existing law, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023.
Editor's Note
2023 Act No. 70, SECTION 13.B, provides as follows:
"[SECTION 13.]B. Article 5, Chapter 41, Title 44 of the S.C. Code is repealed. However, if some or all of the provisions contained in SECTION 2 of this act are ever temporarily or permanently restrained or enjoined by judicial order, or are held to be unconstitutional or invalid, then all of the provisions of Article 5, Chapter 41, Title 44 are reenacted retroactively to the date the judicial order either temporarily or permanently restraining or enjoining some or all of the provisions contained in SECTION 2 or declaring some or all of the provisions contained in SECTION 2 unconstitutional or invalid is entered."
Editor's Note
2021 Act No. 1, SECTION 1, provides as follows:
"SECTION 1. This act shall be known and may be cited as the 'South Carolina Fetal Heartbeat and Protection from Abortion Act'."
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 44-41-380
What does South Carolina Code of Laws § 44-41-380 cover?
Section 44-41-380 ("Severability of provisions of article.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 44-41-380?
A common citation format is "South Carolina Code of Laws § 44-41-380" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 44-41-380 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.