The bill aims to strengthen legal protections for unborn children in South Dakota by amending existing laws and introducing new provisions. Specifically, it revises Section 21-5-1 to clarify that if an individual, including an unborn child, suffers death or injury due to wrongful acts, the responsible party is liable for damages, with the action being exclusively for the benefit of the mother or lawfully married parents of the unborn child. Additionally, a new section is added to Chapter 22-16, stating that offenses against unborn children are treated equally under the law, while also outlining exceptions for unintentional deaths resulting from lifesaving procedures for the mother or spontaneous miscarriages.

Furthermore, the bill repeals existing provisions in Sections 22-16-1.1 and 22-17-5.2, which previously defined fetal homicide and provided immunity for women undergoing unlawful abortions, respectively. The repeal of these sections indicates a shift towards stricter accountability regarding the death of unborn children and removes protections that shield women from criminal liability in cases of unlawful abortion. Overall, the bill reflects a legislative intent to enhance the legal status of unborn children and impose greater responsibilities on individuals who may cause harm to them.

Statutes affected:
Introduced, 01/29/2026: 21-5-1, 22-16-1.1, 22-17-5.2