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26.343.19 101st Legislative Session 1212
2026 South Dakota Legislature
House Bill 1212
Introduced by: Representative Randolph
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise provisions in order to strengthen protections for unborn children. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 21-5-1 be AMENDED: 3
21-5-1. Whenever If the death or injury of a person of an individual, including an 4
unborn child, shall be is caused by a wrongful act, neglect, or default, and the act, neglect, 5
or default is such as would have entitled the party injured to maintain that would otherwise 6
entitle the individual to bring an action and recover damages in respect thereto, if death 7
had not ensued, then and in every such case, the corporation which, or the person who, 8
would have been liable, if death had not ensued , had the individual survived, the 9
wrongdoer, or the personal representative of the estate of such person as such personal 10
representative, shall be the wrongdoer, is liable, to an action for damages , 11
notwithstanding the death of the person injured, and although the death shall have been 12
caused under such circumstances as amount in law to a felony; and when the action is 13
against such personal representative, the damages recovered shall be a valid claim against 14
the estate of such deceased person. However, an action under this section involving an 15
unborn child shall be for the exclusive benefit of the mother or the lawfully married parents 16
of the unborn child. 17
Section 2. That a NEW SECTION be added to chapter 22-16: 18
The provisions of this chapter apply equally to an offense committed against an 19
unborn child. The provisions of this chapter do not apply to the unintentional death of an 20
unborn child resulting from: 21
(1) Lifesaving procedures undertaken to preserve the life of a pregnant mother, if 22
accompanied by reasonable and available steps to preserve the life of the mother's 23
unborn child; or 24
(2) A spontaneous miscarriage. 25
26.343.19 2 1212
Underscores indicate new language.
Overstrikes indicate deleted language.
The provisions of this chapter are in addition to any other provisions relating to the 1
injury or death of an unborn child. The provisions of this chapter supersede any other 2
provisions relating to the injury or death of an unborn child to the extent that those 3
provisions are in conflict with or are inconsistent with the provisions of this chapter. 4
Section 3. That § 22-16-1.1 be REPEALED. 5
Homicide is fetal homicide if the person knew, or reasonably should have known, 6
that a woman bearing an unborn child was pregnant and caused the death of the unborn 7
child without lawful justification and if the person: 8
(1) Intended to cause the death of or do serious bodily injury to the pregnant woman 9
or the unborn child; or 10
(2) Knew that the acts taken would cause death or serious bodily injury to the pregnant 11
woman or her unborn child; or 12
(3) If perpetrated without any design to effect death by a person engaged in the 13
commission of any felony. 14
Fetal homicide is a Class B felony. 15
This section does not apply to acts which cause the death of an unborn child if 16
those acts were committed during any abortion, lawful or unlawful, to which the pregnant 17
woman consented. 18
Section 4. That § 22-17-5.2 be REPEALED. 19
A female who undergoes an unlawful abortion, as set forth in § 22-17-5.1, may 20
not be held criminally liable for the abortion. 21