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revise provisions in order to strengthen protections for unborn children.
This bill expands South Dakota law to provide legal protections for unborn children by allowing wrongful death lawsuits when an unborn child is injured or killed, with damages going to the mother or married parents. It also applies criminal offense penalties to harm against unborn children, while exempting medical procedures performed to save a pregnant mother's life. The bill repeals two existing sections of law related to abortion procedures.
amend the definition of an abortion.
This bill clarifies South Dakota's definition of abortion to specify that it means intentionally ending a pregnancy, while explicitly excluding accidental deaths during medical treatment, miscarriage care, ectopic pregnancy treatment, and procedures to save the unborn child's life or health. The change ensures that doctors providing standard medical care—like treating complications or infections—cannot be prosecuted under the state's abortion law as long as any fetal death is unintentional.
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.
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.