The amendment completely rewrote the bill from regulating life-preserving abortions with specific reporting requirements into a bill that merely amends the statutory definition of "abortion" to reference an existing definition in § 34-23A-1, effectively gutting the original regulatory framework and redirecting the bill's purpose from substantive abortion regulation to definitional cross-referencing.
26.162.53 26.162.54 101st Legislative Session 1257 2026 South Dakota Legislature House Bill 1257 HOUSE STATE AFFAIRS ENGROSSED Introduced by: Representative Soye Underscores indicate new language. Overstrikes indicate deleted language. An Act to regulate amend the performance and reporting definition of abortions necessary to preserve an abortion. 1 the life of a pregnant female and to provide a penalty therefor. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 2 Section 1. That chapter 22-17 be amended with a NEW SECTION: 4 Terms used in this chapter mean: 5 (1) "Abortion," the act of administering, prescribing, providing, selling, or using any 6 drug, medicine, or other substance, or providing, selling, or using any device or 7 instrument, with the intent to terminate a clinically diagnosable pregnancy, 8 including the elimination of one or more unborn children in a multifetal pregnancy, 9 with knowledge that the termination by those means will, with reasonable 10 likelihood, cause the death of the unborn child, provided the term does not include: 11 (a) Medical treatment that is provided to a pregnant female and results in the 12 accidental or unintentional death of the unborn child; 13 (b) Treatment to resolve a miscarriage; 14 (c) The treatment or removal of an ectopic pregnancy; 15 (d) The removal from the uterus of a deceased unborn child; or 16 (e) Any medical procedure performed for the purpose of saving the life or 17 preserving the health of the unborn child; 18 (2) "Ectopic pregnancy," the implantation of an embryo outside the uterus, in an 19 abnormal location in the uterus, or in a scarred portion of the uterus; 20 (3) "Miscarriage," the spontaneous loss of a pregnancy, including the circumstances of 21 an inevitable miscarriage, an incomplete miscarriage, a missed miscarriage, and a 22 septic miscarriage; 23 (4) "Pregnant", the human female reproductive condition of having a living unborn 24 child within the female's body, throughout every stage of the unborn child's life 25 and development, from fertilization to full gestation and childbirth; 26 26.162.53 2 1257 Underscores indicate new language. Overstrikes indicate deleted language. (5) "Reasonable medical judgment," a medical judgment that would be made by a 1 reasonably prudent physician, knowledgeable about the case and the treatment 2 possibilities with respect to the medical condition involved; and 3 (6) "Unborn child," an individual organism of the species homo sapiens from 4 fertilization until live birth. 5 Section 2. That § 22-17-5.1 be AMENDED: 6 3 22-17-5.1. Any person who administers to any pregnant female or who prescribes 7 4 or procures for any pregnant female any medicine, drug, or substance or uses or employs 8 5 any instrument or other means with intent thereby to procure commits an abortion is 9 guilty of a Class abortion, as defined in 6 felony, § 34-23A-1, unless there is appropriate and in the reasonable medical 10 judgment that 7 performance of an attending physician an abortion is necessary to preserve 11 the life of the pregnant female, is guilty of a Class 6 felony. 12 Section 3. That a NEW SECTION be added to chapter 22-17: 13 For an abortion to be justified as necessary to preserve the life of a pregnant 14 female, as set forth in § 22-17-5.1, the attending physician, exercising reasonable medical 15 judgment, must determine that the female suffers from a physical disorder, physical 16 illness, or physical injury, including a life-endangering physical condition arising from the 17 pregnancy itself, and that the disorder, illness, or injury places the pregnant female at a 18 reasonably foreseeable risk of death, unless an abortion is performed. Nothing in this 19 section requires that the risk of death be imminent. 20 The attending physician, exercising reasonable medical judgement, shall make 21 reasonable efforts, under the circumstances, to preserve both the life of the pregnant 22 female and the life of her unborn child, unless in reasonable medical judgment, the 23 termination of the pregnancy in that manner would pose a greater risk of death of the 24 pregnant female. 25 An abortion justified under this section must take place at a hospital licensed 26 pursuant to chapter 34-12, unless, due to a medical emergency, it is necessary to perform 27 the abortion in another location. The person performing or inducing the abortion must be 28 a licensed physician. 29 The physician performing or inducing the abortion shall report the abortion to the 30 Department of Health in accordance with the requirements set forth in chapter 34-23A. 31 An abortion may not be construed as necessary to preserve the life of the pregnant 32 female if: 33 26.162.53 3 1257 Underscores indicate new language. Overstrikes indicate deleted language. (1) The abortion female, is based on the physician's belief that the female may or will take 1 action to harm herself; or 2 (2) The abortion is based on a claim or diagnosis that relates to a psychological or 3 emotional condition of the pregnant female. 4 Section 4. That § 22-17-6 be AMENDED: 5 22-17-6. Any person who intentionally kills a human fetus an unborn child by 6 causing an injury to its the child's mother, which is not authorized by chapter 34-23A, is 7 8 guilty of a Class 4 6 felony. 8 9 Section 5. That § 22-17-13 be AMENDED: 9 22-17-13. A person is guilty of a Class B felony if, with the intent to cause a 10 pregnant mother to undergo an abortion against her will, the person: 11 (1) Threatens With the intent to cause a pregnant mother to undergo an abortion 12 against her will, the person threatens to commit, against the pregnant mother or 13 any other person within the pregnant mother's presence: 14 (a) Homicide, murder, or manslaughter, under chapter 22-16; 15 (b) Aggravated assault, under § 22-18-1.1; or 16 (c) Kidnapping, under chapter 22-19; and 17 (2) The threat, as described in subdivision (1) of this section, results in the death of 18 the unborn human being, as defined under § 34-23A-1 child. 19 A charge brought under this section may be commenced at any time prior to the 20 time the victim attains age twenty-five or within seven years of the commission of the 21 crime, whichever is longer. 22 Section 6. 2. That § 34-23A-1 be AMENDED: 23 10 34-23A-1. Terms used in this chapter mean: 24 11 (1) "Abortion," the intentional termination of the life of a human being in the uterus 25 act of administering, prescribing, providing, selling, or using any drug, medicine, 26 or other substance, or providing, selling, or using any device or instrument, with 27 the intent to terminate the clinically diagnosable pregnancy, including the 28 elimination of one or more unborn children in a multifetal pregnancy, with 29 knowledge that the termination by those means will, with reasonable likelihood, 30 cause the death of the unborn child, uterus, 12 provided the term does not include: 31 26.162.53 4 1257 Underscores indicate new language. Overstrikes indicate deleted language. 13 (a) Medical treatment that is provided to a pregnant female and results in the 1 14 accidental or unintentional death of the unborn child; 2 15 (b) Treatment to resolve a miscarriage; 3 16 (c) The treatment or removal of an ectopic pregnancy; 4 17 (d) The removal from the uterus of a deceased unborn child; or 5 18 (e) Any medical procedure performed for the purpose of saving the life or 6 19 preserving the health of the unborn child; 7 20 (1A) "Abortion facility," a place where abortions are performed; 8 21 (1B) "Department," the South Dakota Department of Health; 9 (1C) "Ectopic pregnancy," the implantation of an embryo outside the uterus, in an 10 abnormal location in the uterus, or in a scarred portion of the uterus; 11 22 (2) "Fetus," the biological offspring, including the implanted embryo or unborn child, 12 23 of human parents; 13 24 26.162.54 2 1257 Underscores indicate new language. Overstrikes indicate deleted language. (3) "Fertilization," that point in time when a male human sperm penetrates the zona 14 1 pellucida of a female human ovum; 15 2 (4) "Human being," an individual living member of the species of Homo sapiens, 16 3 including the unborn human being during the entire embryonic and fetal ages from 17 4 fertilization to full gestation; 18 5 (5) "Medical emergency," any condition which, on the basis of the physician's good 19 6 faith clinical judgment, so complicates the medical condition of a pregnant woman 20 7 as to necessitate the immediate abortion of her pregnancy to avert her death or 21 8 for which a delay will create serious risk of substantial and irreversible impairment 22 9 of a major bodily function; 23 10 (6) "Miscarriage," the spontaneous loss of a pregnancy, including the circumstances of 24 an inevitable miscarriage, an incomplete miscarriage, a missed miscarriage, and a 25 septic miscarriage; 26 pregnancy; 11 (7) "Parent," one parent or guardian of the pregnant minor or the guardian or 27 12 conservator of the pregnant woman; 28 13 (7)(8) "Physician," a person licensed under the provisions of chapter 36-4 or a physician 29 14 practicing medicine or osteopathy in the employ of the government of the United 30 15 States or of this state; 31 and 16 (8)(9) "Pregnant", the human female reproductive condition of having a living unborn 32 child within the female's body, throughout every stage of the unborn child's life 33 and development, from fertilization to full gestation and childbirth; 34 26.162.53 5 1257 Underscores indicate new language. Overstrikes indicate deleted language. (10) "Probable gestational age of the unborn child," what,that what, that which in the judgment 17 of 1 the physician, will, with reasonable probability, be the gestational age of the 2 18 unborn child at the time the abortion is planned to be performed; 3 (11) "Reasonable medical judgment," a medical judgment that would be made by a 4 reasonably prudent physician, knowledgeable about the case and the treatment 5 possibilities with respect to the medical condition involved; and 6 (12) "Unborn child," an individual organism of the species homo sapiens from 7 fertilization until live birth. 8 Section 7. That a NEW SECTION be added to chapter 34-23A: 9 A physician who performs or induces an abortion for the purpose of preserving the 10 life of a pregnant female, as set forth in § 22-17-5.1 and section 3 of this Act, shall prepare 11 a document: 12 (1) Attesting that the abortion was necessitated by the pregnant female's medical 13 condition; 14 (2) Setting forth the data supporting the determination that the procedure was 15 necessary; and 16 (3) Attesting that all reasonable efforts were made to preserve both the life of the 17 pregnant female and the life of her unborn child, as set forth in section 3 of this 18 Act. performed. 19 The document required under this section must be placed in the medical record of 20 the female patient no later than thirty days after the date of the procedure or after the 21 date on which the abortion-inducing drug, medicine, or substance was prescribed for or 22 provided to the pregnant female. 23