This bill introduces new legal provisions aimed at restricting the delivery of abortion-inducing medications in South Dakota. It allows specific individuals, including the pregnant female, the father, and maternal grandparents of the unborn child, to bring wrongful death actions against anyone who prescribes or administers such medications in violation of existing law. Notably, a pregnant female is exempt from liability for her own abortion, and those who aided in the unlawful act are barred from bringing a claim. The bill also establishes that a person must prove harm resulting from the violation to maintain a cause of action and sets a three-year statute of limitations for filing such claims.
Additionally, the bill criminalizes the delivery of abortion-inducing substances into the state for unlawful abortions, classifying it as a Class 6 felony. Exceptions are made for pregnant females obtaining the medication for their own abortions and for medical practitioners performing necessary procedures to preserve the life of the mother or manage miscarriages. The Attorney General is granted authority to impose civil penalties for violations, with fines reaching up to $10,000 per dose delivered unlawfully. The bill also empowers the Attorney General to seek injunctions against individuals suspected of violating these provisions.