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 redirects the bill from restricting abortion-inducing medicines entering the state to broadly prohibiting the dispensing, distribution, sale, or advertisement of any articles or things intended for unlawful abortion, and removes the civil wrongful death action provisions in favor of simpler criminal penalties and attorney general enforcement. This shift broadens the bill's scope from regulating specific drugs to criminalizing a wider range of abortion-related items and simplifies the penalty structure from per-dose calculations to a flat maximum of ten thousand dollars per violation.
The amendment adds a new Section 1 that makes it a Class 6 felony to administer abortion-inducing substances or instruments to a pregnant person (except when necessary to preserve the mother's life), then reorganizes the bill's remaining sections to address dispensing/distributing abortion-related articles and establishes civil penalties and injunction authority for the attorney general. This BROADENS the bill from solely targeting distribution of abortion materials to also criminalizing the direct administration of abortion-inducing methods.
This change converted the bill from an engrossed working draft to its final enrolled version, removing formatting indicators and legislative process markup while adding official signature pages and attestation sections required for a bill that has completed legislative passage. The substantive content of the bill itself—prohibiting the dispensing and sale of abortion-related articles and establishing criminal penalties and attorney general enforcement powers—remained unchanged.
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