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provide a definition of abortion.
This bill adds detailed legal definitions for abortion and related terms to South Dakota law, specifically defining abortion as the intentional termination of a pregnancy with the knowledge it will cause the death of the fetus, and establishing that a "human being" includes an unborn child from the moment of fertilization. The bill also defines related terms like "abortion facility," "fetus," "fertilization," and "medical emergency" to provide clear legal language for abortion regulations. These definitions would apply to South Dakota's existing abortion statutes and any laws regulating abortion procedures.
provide provisions regarding abortion.
This bill amends South Dakota's abortion law (§35-4-10.2) with significant changes, though the excerpt provided doesn't detail the specific new provisions. Based on the large amount of text being added and removed, the bill substantially restructures existing abortion regulations in the state. To understand exactly what abortion rules are changing, you would need to review the full text of the amendments to §35-4-10.2.
prohibit the performance of abortions due to Down syndrome and to provide a penalty therefor.
HB 1110 makes it illegal for doctors to perform abortions when the reason is that the fetus has Down syndrome. The bill creates criminal penalties for providers who perform such abortions, effectively banning this specific reason as a basis for ending a pregnancy in South Dakota.
maintain the life of any child born alive.
HB1051 requires physicians to use the same medical means and skills to preserve the life of any child born alive during an abortion procedure as they would for any other newborn, and mandates immediate hospital admission for such infants. The bill also establishes that a physician performing an abortion that results in a live birth has a legal responsibility to that child and creates new civil and disciplinary consequences for failure to comply with these requirements.
establish requirements for the presentation of a written statement regarding the discontinuance of a drug-induced abortion.
HB 1130 requires doctors to provide pregnant women seeking drug-induced abortions with a written statement explaining that the procedure will terminate a human life and that the woman has a constitutionally protected relationship with the unborn child. This adds new disclosure requirements to South Dakota's existing informed consent law for abortion procedures.
update certain provisions regarding pregnancy help center consultations.
This bill updates rules for pregnancy help centers that counsel women before they get abortions, allowing these centers to interview women about coercion, provide counseling, and deliver specific written and oral statements about abortion and fetal development. The centers must inform women about available support services and resources to help them carry pregnancies to term, and ensure women understand the medical disclosures being provided.
declare certain contract provisions regarding abortion as unenforceable and to provide a penalty therefor.
SB183 makes certain contract provisions related to abortion unenforceable under South Dakota law, meaning agreements that try to restrict or penalize abortion services cannot be legally enforced. The bill repeals the existing statute section that previously governed these contract provisions. Violating this new rule carries a penalty.
require reports regarding the intentional disposal, destruction, or other disposition of human embryos.
HB 1248 requires fertility clinics and other medical facilities to report to the state when they intentionally dispose of, destroy, or otherwise get rid of human embryos. The bill amends existing law to establish new reporting requirements and oversight for the handling of embryos in medical settings.