Abortion & Reproductive Rights

Bans selling or advertising items for illegal abortions with criminal penalties.

This bill creates new civil liability by establishing a wrongful death cause of action for unborn children when abortion-inducing medicines are used in violation of existing law. It allows multiple parties (pregnant female, father, maternal grandparents if minor, other harmed persons, and estate if death occurs) to sue for compensatory and punitive damages, costs, and attorney fees. The bill sets a preponderance of evidence standard for proving harm and establishes a 3-year statute of limitations. It also creates criminal penalties and civil enforcement mechanisms for delivering abortion-inducing substances into the state.

Changes the legal definition of abortion.

This bill creates comprehensive abortion regulation by defining key terms, establishing that performing abortions is a Class 6 felony except when necessary to preserve the pregnant woman's life based on reasonable medical judgment. It requires life-saving abortions to be performed in hospitals by licensed physicians with reporting to the Department of Health. The bill specifies that abortions cannot be justified based on psychological/emotional conditions or risk of self-harm. It also increases penalties for threatening pregnant women to force unwanted abortions (Class B felony when resulting in fetal death) and updates various definitions throughout abortion-related statutes.

Requires schools to teach about fetal development during pregnancy.

This bill requires the South Dakota Board of Education Standards to recommend resources for prenatal human development education in schools. School districts must use these resources in health or science curricula. The instruction must include high-definition ultrasound videos showing organ development and prenatal development from fertilization to birth (minimum 3 minutes). The bill prohibits using materials from entities that perform, promote, contract with, affiliate with, or refer patients for abortions.

Adds new restrictions on abortion access.

This bill expands homicide and manslaughter laws to apply equally to unborn children by: (1) Revising wrongful death statutes to include unborn children with cleaner language, (2) Adding a new section stating that all homicide/manslaughter provisions in chapter 22-16 now apply equally to offenses against unborn children, and (3) Repealing the existing separate 'fetal homicide' statute that required proof the perpetrator knew the woman was pregnant and had specific intent/knowledge. The bill removes the knowledge and intent requirements from the previous fetal homicide law.