South DakotaVoteScope
Spencer Gosch
Spencer Gosch

Rep. Spencer Gosch on

Abortion & Reproductive Rights

2 bills voted on

Votes

HB 1274Voted Yes

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.

Passed2/24/2026
HB 1257Voted Yes

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.

Passed2/24/2026