Changes to Existing Law

26.582.28 26.582.29 101st Legislative Session 1274 2026 South Dakota Legislature House Bill 1274 HOUSE STATE AFFAIRS ENGROSSED Introduced by: Representative Soye Hughes Underscores indicate new language. Overstrikes indicate deleted language. An Act to restrict prohibit the delivery dispensing, distribution, sale, or advertisement of certain 1 articles or things for purposes of an abortion-inducing medicine, drug, or substance 1 into this state unlawful abortion and provide a criminal 2 and a civil penalty therefor, and provide 2 a civil action for the wrongful death of an unborn child. therefor. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That a NEW SECTION be added to chapter 21-5: 22-17: 5 Except as otherwise provided in this section, No person may knowingly dispense, distribute, sell, or advertise any of the 6 following persons may bring an 6 action for the wrongful death purposes of an unborn child against any person who prescribed for, 7 procured for, or administered unlawful abortion pursuant to any pregnant female, any abortion-inducing medicine, 8 drug, or substance, in violation of § 22-17-5.1: 7 (1) An article or thing designed, adapted, or intended for producing an abortion; or 8 (2) An article, instrument, substance, drug, medicine, or thing that is advertised or 9 (1) The pregnant female; described in a manner calculated to lead another to use or apply it for producing 10 (2) The father of the unborn child; an abortion. 11 (3) The maternal grandparent of the unborn child, if the pregnant female is under the 12 age of eighteen; 13 (4) Any other person harmed by the death of the unborn child; and 14 (5) The estate of the pregnant female, if the pregnant female died as a result of taking 15 the abortion-inducing medicine, drug, or substance. 16 A person listed in subdivision (2), (3), or (4) violation of this section may not bring an action 17 for the wrongful death of the unborn child, if the person aided or abetted in the 18 prescription, procurement, or administration of the abortion-inducing medicine, drug or 19 substance. 20 A pregnant female is not liable under this section for prescribing, procuring, or 21 administering any abortion-inducing medicine, drug, or substance for her own abortion. 22 To maintain a cause of action under this section, the person bringing the action 23 must prove by a preponderance of the evidence that the person suffered direct or indirect 24 harm as a result of the violation of § 22-17-5.1. No action may be maintained if the 25 26.582.28 2 1274 Underscores indicate new language. Overstrikes indicate deleted language. female's pregnancy resulted from the criminal conduct of the individual bringing the 1 action. 2 A person who prevails in an action under this section is entitled to compensatory 3 and punitive damages, costs, and reasonable attorney fees. 4 Notwithstanding any other provision of law, an individual shall commence an action 5 under this section no later than three years after the date on which the alleged harm Class 6 occurred. An action may be maintained under this section whether or not the person 7 alleged to have violated § 22-17-5.1 is charged or convicted of the alleged crime. 8 felony. 12 Section 2. That a NEW SECTION be added to chapter 22-17: 9 Any person who knowingly delivers or causes to be delivered into this state an 10 abortion-inducing medicine, drug, or substance, for purposes of an unlawful abortion 11 pursuant to § 22-17-5.1, is guilty of a Class 6 felony. 12 This section does not apply to: 13 (1) A pregnant female who delivers or causes to be delivered into this state an 14 abortion-inducing medicine, drug, or substance for her own abortion; or 15 (2) A person who delivers or causes to be delivered into this state an abortion-inducing 16 medicine, drug, or substance, for purposes of: 17 (a) An abortion that is, in the reasonable medical judgement of a licensed 18 medical practitioner, necessary to preserve the life of a pregnant female; 19 or 20 (b) A procedure for the management of a miscarriage. 21 Section 3. That a NEW SECTION be added to chapter 22-17: 22 The attorney general may recover a civil penalty against a person for violating 23 14 section 2 1 of this Act. The amount of the civil penalty may not exceed ten thousand dollars 24 15 for each dose of the abortion-inducing medicine, drug, or substance the person delivers 25 or causes to be delivered into the state. violation. The clerk of court shall forward any civil penalty 26 collected under this 16 section to the state treasurer, for deposit in the life protection subfund, 27 as established 17 within the extraordinary litigation fund pursuant to § 1-33-8.11. 28 18 The attorney general may recover attorney fees, costs, and any other award the 19 court determines is appropriate. 20 Section 4. 3. That a NEW SECTION be added to chapter 22-17: 29 21 If the attorney general has reason to believe that a person is engaging in, has 30 22 engaged in, or is about to engage in a violation of section 2 1 of this Act, the attorney 31 26.582.28 3 23 26.582.29 2 1274 Underscores indicate new language. Overstrikes indicate deleted language. general may bring an action in the name of the state against the person to restrain the 1 person by temporary or permanent injunction. 2 An action under this section may be brought in the circuit court for the county in 3 which the alleged violator resides or has a place of business, or in the circuit court for 4 Hughes County, South Dakota. The court may issue a temporary or permanent injunction 5 to restrain and prevent any violation of section 2 1 of this Act. 6 The attorney general may recover attorney fees, costs, and any other award the 7 court determines is appropriate. 8

26.582.29 26.582.30 101st Legislative Session 1274 2026 South Dakota Legislature House Bill 1274 HOUSE SENATE STATE AFFAIRS ENGROSSED Introduced by: Representative Hughes Underscores indicate new language. Overstrikes indicate deleted language. An Act to prohibit the dispensing, distribution, sale, or advertisement of certain 1 articles or things for purposes of an unlawful abortion and provide a criminal 2 and civil penalty therefor. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That § 22-17-5.1 be AMENDED: 5 22-17-5.1. Any person who administers to any pregnant female person or who 6 prescribes or procures for any pregnant female person any medicine, drug, or substance 7 or uses or employs any instrument or other means with intent thereby to procure an 8 abortion, unless there is appropriate and reasonable medical judgment that performance 9 of an abortion is necessary to preserve the life of the pregnant female, is guilty of a Class 10 6 felony. 11 Section 2. That a NEW SECTION be added to chapter 22-17: 5 12 No person may knowingly dispense, distribute, sell, or advertise any of the 6 13 following for purposes of an unlawful abortion pursuant to § 22-17-5.1: 7 14 (1) An article or thing designed, adapted, or intended for producing an abortion; or 8 15 (2) An article, instrument, substance, drug, medicine, or thing that is advertised or 9 16 described in a manner calculated to lead another to use or apply it for producing 10 17 an abortion. 11 18 A violation of this section is a Class 6 felony. 12 19 Section 2. 3. That a NEW SECTION be added to chapter 22-17: 13 20 The attorney general may recover a civil penalty against a person for violating 14 21 section 1 2 of this Act. The amount of the civil penalty may not exceed ten thousand dollars 15 22 for each violation. The clerk of court shall forward any civil penalty collected under this 16 23 26.582.30 2 1274 Underscores indicate new language. Overstrikes indicate deleted language. section to the state treasurer, for deposit in the life protection subfund, as established 17 1 within the extraordinary litigation fund pursuant to § 1-33-8.11. 18 2 The attorney general may recover attorney fees, costs, and any other award the 19 3 court determines is appropriate. 20 4 Section 3. 4. That a NEW SECTION be added to chapter 22-17: 21 5 If the attorney general has reason to believe that a person is engaging in, has 22 6 engaged in, or is about to engage in a violation of section 1 2 of this Act, the attorney 23 26.582.29 2 1274 Underscores indicate new language. Overstrikes indicate deleted language. 7 general may bring an action in the name of the state against the person to restrain the 1 8 person by temporary or permanent injunction. 2 9 An action under this section may be brought in the circuit court for the county in 3 10 which the alleged violator resides or has a place of business, or in the circuit court for 4 11 Hughes County, South Dakota. The court may issue a temporary or permanent injunction 5 12 to restrain and prevent any violation of section 1 2 of this Act. 6 13 The attorney general may recover attorney fees, costs, and any other award the 7 14 court determines is appropriate. 8 15

26.582.30 26.582.31 101st Legislative Session 1274 2026 South Dakota Legislature House Bill 1274 SENATE STATE AFFAIRS ENGROSSED Introduced by: Representative Hughes Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to prohibit the dispensing, distribution, sale, or advertisement of certain 1 articles or things for purposes of an unlawful abortion and provide a criminal 2 and civil penalty therefor. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That § 22-17-5.1 be AMENDED: 5 22-17-5.1. Any person who administers to any pregnant female person or who 6 prescribes or procures for any pregnant female person any medicine, drug, or substance 7 or uses or employs any instrument or other means with intent thereby to procure an 8 abortion, unless there is appropriate and reasonable medical judgment that performance 9 of an abortion is necessary to preserve the life of the pregnant female, is guilty of a Class 10 6 felony. 11 Section 2. That a NEW SECTION be added to chapter 22-17: 12 No person may knowingly dispense, distribute, sell, or advertise any of the 13 following for purposes of an unlawful abortion pursuant to § 22-17-5.1: 14 (1) An article or thing designed, adapted, or intended for producing an abortion; or 15 (2) An article, instrument, substance, drug, medicine, or thing that is advertised or 16 described in a manner calculated to lead another to use or apply it for producing 17 an abortion. 18 A violation of this section is a Class 6 felony. 19 Section 3. That a NEW SECTION be added to chapter 22-17: 20 The attorney general may recover a civil penalty against a person for violating 21 section 2 of this Act. The amount of the civil penalty may not exceed ten thousand dollars 22 for each violation. The clerk of court shall forward any civil penalty collected under this 23 26.582.30 2 1274 Underscores indicate new language. Overstrikes indicate deleted language. section to the state treasurer, for deposit in the life protection subfund, as established 1 within the extraordinary litigation fund pursuant to § 1-33-8.11. 26.582.31 2 1274 HB1274 ENROLLED The attorney general may recover attorney fees, costs, and any other award the 3 court determines is appropriate. 4 Section 4. That a NEW SECTION be added to chapter 22-17: 5 If the attorney general has reason to believe that a person is engaging in, has 6 engaged in, or is about to engage in a violation of section 2 of this Act, the attorney 7 general may bring an action in the name of the state against the person to restrain the 8 person by temporary or permanent injunction. 9 An action under this section may be brought in the circuit court for the county in 10 which the alleged violator resides or has a place of business, or in the circuit court for 11 Hughes County, South Dakota. The court may issue a temporary or permanent injunction 12 to restrain and prevent any violation of section 2 of this Act. 13 The attorney general may recover attorney fees, costs, and any other award the 14 court determines is appropriate. 15 26.582.31 3 1274 HB1274 ENROLLED An Act to prohibit the dispensing, distribution, sale, or advertisement of certain articles or things for purposes of an unlawful abortion and provide a criminal and civil penalty therefor. I certify that the attached Act originated in the: House as Bill No. 1274 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1274 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State