An Act to establish an individual's right to make autonomous decisions about the individual's reproductive health care, and to repeal provisions related to abortion.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

For purposes of this Act, the term "reproductive health care" means health care offered, arranged, or furnished for the purpose of preventing pregnancy, terminating a pregnancy, managing pregnancy loss, or improving maternal health and birth outcomes. The term includes abortion care, contraception, counseling regarding reproductive health care, maternity care, preconception care, and sterilization.

Section 2. That a NEW SECTION be added to chapter 34-23A:

Each individual may make autonomous decisions about the individual's own reproductive health, including a decision to use or refuse reproductive health care.

Any individual who becomes pregnant may continue the pregnancy and give birth or exercise the individual's right to have an abortion.

Nothing in this section extends independent rights under the laws of this state to a fertilized egg, an embryo, or a fetus.

Section 3. That a NEW SECTION be added to chapter 34-23A:

No individual may be denied the ability to engage in decision-making regarding the individual's own reproductive health or discriminated against for exercising that ability. This section applies to all individuals, including those who are in state custody, or under state control or supervision.

No individual may be prosecuted, punished, or otherwise deprived of the individual's rights for any act or omission occurring during the individual's pregnancy, if the predominant basis for the prosecution, punishment, or deprivation of rights is the potential, actual, or perceived impact on:

(1) The pregnancy or its outcomes; or

(2) The individual's health.

Any party aggrieved by a violation of this Act may file a civil lawsuit. Upon motion, a court shall award a prevailing plaintiff reasonable attorneys' fees and costs, including expert witness fees and other litigation expenses.

Section 4. That a NEW SECTION be added to chapter 34-23A:

A health care practitioner may provide abortion care in accordance with the practitioner's professional judgment and scope of practice. If the health care practitioner determines that there is fetal viability, the health care practitioner may provide abortion care only if, in the exercise of professional judgment, the practitioner determines that an abortion is necessary to protect the life or health of the pregnant patient.

Each health care practitioner shall report the performance of an abortion to the Department of Health, within ten days after the end of the month in which the abortion was performed. The department shall make the reporting forms available on its website. The information reported may not include the patient's name or any other identifying information.

Any report provided in accordance with this chapter is confidential and may be used only for statistical purposes. The department shall destroy all reports after two years.

Section 5. 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 6. 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.

Section 7. That   22-17-6 be REPEALED.

Any person who intentionally kills a human fetus by causing an injury to its mother, which is not authorized by chapter 34-23A, is guilty of a Class 4 felony.

Section 8. That   22-17-13 be REPEALED.

A person is guilty of a Class B felony if, with the intent to cause a pregnant mother to undergo an abortion against her will, the person:

(1) Threatens to commit, against the pregnant mother or any other person within the pregnant mother's presence:

(a) Homicide, murder, or manslaughter, under chapter 22-16;

(b) Aggravated assault, under   22-18-1.1; or

(c) Kidnapping, under chapter 22-19; and

(2) The threat results in the death of the unborn human being, as defined under   34-23A-1.

A charge brought under this section may be commenced at any time prior to the time the victim attains age twenty-five or within seven years of the commission of the crime, whichever is longer.

Section 9. That   22-17-13.1 be REPEALED.

A person is guilty of a Class 5 felony if, with the intent to coerce a pregnant mother to undergo an abortion against her will, the person threatens to commit, against the pregnant mother or any other person within the pregnant mother's presence:

(1) Homicide, murder, or manslaughter, under chapter 22-16;

(2) Aggravated assault, under   22-18-1.1; or

(3) Kidnapping, under chapter 22-19.

A charge brought under this section may be commenced at any time prior to the time the victim attains age twenty-five or within seven years of the commission of the crime, whichever is longer.

Section 10. That   22-17-14 be REPEALED.

A person is guilty of a Class 1 misdemeanor if the person:

(1) In any manner other than that set forth in   22-17-13.1, coerces, compels, or attempts to compel a pregnant woman to undergo an abortion;

(2) Requires a pregnant woman to agree to a provision that if she refuses to undergo an abortion, it is a breach of a contract; or

(3) Requires a pregnant woman to agree to a provision that results in her assuming any cost, obligation, or responsibility for refusing to undergo an abortion.

A subsequent offense of this section is a Class 6 felony.

Section 11. That   34-23A-1 be REPEALED.

Terms used in this chapter mean:

(1) "Abortion," the intentional termination of the life of a human being in the uterus;

(1A) "Abortion facility," a place where abortions are performed;

(1B) "Department," the South Dakota Department of Health;

(2) "Fetus," the biological offspring, including the implanted embryo or unborn child, of human parents;

(3) "Fertilization," that point in time when a male human sperm penetrates the zona pellucida of a female human ovum;

(4) "Human being," an individual living member of the species of Homo sapiens, including the unborn human being during the entire embryonic and fetal ages from fertilization to full gestation;

(5) "Medical emergency," any condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function;

(6) "Parent," one parent or guardian of the pregnant minor or the guardian or conservator of the pregnant woman;

(7) "Physician," a person licensed under the provisions of chapter