An Act to expand the authorization for performance of an abortion beyond preserving the life of a pregnant female.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That chapter 22-17 be amended with a NEW SECTION:
Any person who performs, procures, or advises an abortion other than authorized by chapter 34-23A is guilty of a Class 6 felony.
Section 2. That chapter 34-23A be amended with a NEW SECTION:
An abortion may be performed in this state only if it is performed in compliance with section 3, 4, or 5 of this Act.
Section 3. That chapter 34-23A be amended with a NEW SECTION:
An abortion may be performed by a physician during the first twelve weeks of pregnancy. The abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician during the first twelve weeks of pregnancy.
Section 4. That chapter 34-23A be amended with a NEW SECTION:
An abortion may be performed following the twelfth week of pregnancy and through the twenty-second week of pregnancy by a physician only in a hospital licensed under the provisions of chapter 34-12 or in a hospital operated by the United States, this state, or any department, agency, or political subdivision of either, or in the case of hospital facilities not being available, in the licensed physician's medical clinic or office of practice subject to the requirements of 34-23A-6.
Section 5. That chapter 34-23A be amended with a NEW SECTION:
An abortion may be performed following the twenty-second week of pregnancy by a physician only in a hospital authorized under 34-23A-4 and only in the case of a medical emergency.
Section 6. That 34-23A-6 be AMENDED:
34-23A-6.
Any abortion
performed under the provisions of
34-23A-4
section 4 or
34-23A-5
shall
section 5 of this Act must
be performed only in a facility
which
that has a
blood bank or a sufficient supply of blood immediately available
and such.
The facilities
shall provide for Rhesus factor (Rh) testing
and.
Rho‑gam, Gammulin,
or any other product of equivalency inoculations
shall
must be
required for
women
a woman
undergoing abortion who
have
has the
Rh‑negative factor.
Section 7. That 22-17-5.1 be REPEALED:
Any person who
administers to any pregnant female or who prescribes or procures for
any pregnant female any medicine, drug, or substance or uses or
employs any instrument or other means with intent thereby to procure
an abortion, unless there is appropriate and reasonable medical
judgment that performance of an abortion is necessary to preserve the
life of the pregnant female, is guilty of a Class 6 felony.
Section 8. That 22-17-5.2 be REPEALED:
A female who undergoes an
unlawful abortion, as set forth in 22-17-5.1,
may not be held criminally liable for the abortion.