South Dakota House Bill HB1326

South Dakota 2022 Regular Session

• Introduced: 2/2/22
• Refer: 2/4/22

Caption

Reinstate the prohibition against certain acts causing the termination of an unborn human life, and to prescribe a penalty therefor.

Impact

If enacted, this bill would significantly amend existing state laws regarding abortion, as it reaffirms a stringent stance on the termination of pregnancies. It categorizes such actions as a Class 5 felony. The bill also explicitly states that pregnant women undergoing such procedures will not face criminal penalties, reflecting a design to protect mothers from prosecution while rather targeting medical professionals who perform acts classified as leading to termination. It removes previous legal allowances for abortion during specified weeks of pregnancy, thereby restricting access to abortion services considerably.

Summary

House Bill 1326 seeks to reinstate a prohibition against specified acts that lead to the termination of an unborn human life and outlines penalties for violations. The bill introduces several definitions, including 'pregnant' and 'unborn human being', and asserts that no person may administer any drugs or perform surgical procedures with the intent to terminate a pregnancy. This bill is framed within the context of protecting both the mother and the unborn child, mandating that licensed physicians make every effort to preserve the lives of both parties during medical care.

Contention

Discussions surrounding HB 1326 indicate notable contention, as it touches upon deeply polarizing views on reproductive rights. Proponents argue that the bill is essential for safeguarding unborn lives, while opponents raise concerns regarding women's rights and bodily autonomy, fearing this will create unnecessary barriers to healthcare. There may be legal challenges and public protests if the bill is passed, as organizations supporting reproductive rights are likely to oppose such stringent regulations and advocate for women's healthcare choices.