This bill makes it a felony crime to knowingly sell, distribute, advertise, or give away items (including drugs, medicines, or instruments) intended to be used for an abortion that violates South Dakota's existing abortion ban. It also allows the state attorney general to sue violators for civil penalties up to $10,000 per violation, with collected money going to a state fund supporting abortion restrictions.
The amendment substantially restructures the bill to shift from a civil wrongful death action framework to a criminal prohibition with civil penalties—removing provisions allowing relatives to sue for wrongful death and instead making it a Class felony to knowingly dispense, distribute, sell, or advertise items for unlawful abortion, with civil penalties capped at ten thousand dollars per violation rather than per dose. This change NARROWS and REDIRECTS the bill from a private civil remedy system to a state enforcement mechanism focused on criminal penalties and attorney general enforcement.
The amendment adds a new Section 1 that establishes criminal penalties for administering abortion-inducing substances or instruments (existing law under § 22-17-5.1), then reorganizes the remaining sections to prohibit dispensing, distributing, selling, or advertising articles intended for unlawful abortion, with civil and injunctive enforcement mechanisms—effectively BROADENING the bill from targeting abortion providers to also targeting suppliers and advertisers of abortion-related materials.
This change converted the bill from an engrossed version (with legislative markup showing edits) to an enrolled version (the final, clean copy ready for the Governor's signature), removing all the underscores and strikethroughs that tracked amendments while preserving the substantive law unchanged. No changes to the bill's actual content or purpose occurred—this is a purely formatting/procedural step that finalizes the legislation.
Signed by the Governor H.J. 579
Delivered to the Governor H.J. 574
Signed by the President S.J. 528
Signed by the Speaker H.J. 560
House of Representatives Concurred in amendments Passed, YEAS 61, NAYS 6. H.J. 549
Senate Do Pass Amended Passed, YEAS 31, NAYS 2. S.J. 498
State Affairs Do Pass Amended Passed, YEAS 8, NAYS 1. S.J. 39
State Affairs Motion to amend S.J. 39
State Affairs Scheduled for hearing
First read in Senate and referred to Senate State Affairs S.J. 398
House of Representatives Do Pass Amended Passed, YEAS 61, NAYS 5. H.J. 426
State Affairs Do Pass Amended Passed, YEAS 10, NAYS 2.
State Affairs Motion to amend
State Affairs Motion to amend
State Affairs Scheduled for hearing
House of Representatives Referred to House State Affairs H.J. 294
First Reading House H.J. 220
Prime sponsor · Sen.
R
Prime sponsor · Rep.
R
Cosponsors
Concurred in amendments
Do Pass Amended
State Affairs — Do Pass Amended
Do Pass Amended
State Affairs — Do Pass Amended