The bill amends South Dakota's existing laws regarding the definition of abortion and the legal implications for those who perform or assist in the procedure. Specifically, it modifies Section 22-17-5.1 to classify any person who administers, prescribes, or employs means to procure an abortion as guilty of a Class 6 felony unless there is a reasonable medical judgment that the abortion is necessary to preserve the life of the pregnant female. Additionally, Section 34-23A-1 is amended to clarify the definition of "abortion" as the intentional termination of a human being's life in the uterus, while also outlining specific exceptions that do not qualify as an abortion, such as medical treatments that unintentionally result in the death of the unborn child or procedures aimed at saving the life or health of the unborn child.

Furthermore, the bill introduces new definitions related to abortion, including terms such as "abortion facility," "medical emergency," and "probable gestational age of the unborn child." These definitions aim to provide clarity on the legal framework surrounding abortion procedures and the circumstances under which they may be performed. Overall, the bill seeks to tighten regulations on abortion in South Dakota by establishing stricter legal consequences for those involved in the procedure and refining the legal terminology associated with it.

Statutes affected:
Introduced, 02/03/2026: 22-17-5.1, 22-17-6, 22-17-13, 34-23A-1
House State Affairs Engrossed, 02/23/2026: 22-17-5.1, 34-23A-1
Enrolled, 03/04/2026: 22-17-5.1, 34-23A-1