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 fundamentally rewrites the bill from creating a civil wrongful death action for relatives of unborn children to instead establishing criminal penalties (Class felony) and civil penalties (up to ten thousand dollars per violation) against anyone who dispenses, distributes, sells, or advertises items intended to produce an unlawful abortion. This NARROWS the bill's scope by eliminating private lawsuits from family members and replacing them with enforcement solely through the attorney general's criminal and civil authority.
The amendment adds a new section explicitly protecting the existing statute prohibiting abortion-inducing acts (§ 22-17-5.1) while creating criminal and civil penalties specifically for dispensing, distributing, selling, or advertising abortion-related articles or substances. This BROADENS the bill's enforcement scope by targeting not just those who perform abortions but also those who supply the means to do so, including civil penalties up to ten thousand dollars per violation and attorney general enforcement powers.
This change converts the engrossed bill into its enrolled (final) version by removing legislative markup indicators and adding official enactment pages with signature lines for the Governor, legislative leaders, and Secretary of State—a purely procedural step that finalizes the bill without altering any substantive provisions.
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