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26.162.55 101st Legislative Session 1257
2026 South Dakota Legislature
House Bill 1257
ENROLLED
AN ACT
ENTITLED An Act to amend the definition of an abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-17-5.1 be AMENDED:
22-17-5.1. 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, as defined in
§ 34-23A-1, 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 2. That § 34-23A-1 be AMENDED:
34-23A-1. Terms used in this chapter mean:
(1) "Abortion," the intentional termination of the life of a human being in the uterus,
provided the term does not include:
(a) Medical treatment that is provided to a pregnant female and results in the
accidental or unintentional death of the unborn child;
(b) Treatment to resolve a miscarriage;
(c) The treatment or removal of an ectopic pregnancy;
(d) The removal from the uterus of a deceased unborn child; or
(e) Any medical procedure performed for the purpose of saving the life or
preserving the health of the unborn child;
(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;
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(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) "Miscarriage," the spontaneous loss of a pregnancy;
(7) "Parent," one parent or guardian of the pregnant minor or the guardian or
conservator of the pregnant woman;
(8) "Physician," a person licensed under the provisions of chapter 36-4 or a physician
practicing medicine or osteopathy in the employ of the government of the United
States or of this state; and
(9) "Probable gestational age of the unborn child," that which in the judgment of the
physician will, with reasonable probability, be the gestational age of the unborn
child at the time the abortion is planned to be performed.
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HB1257 ENROLLED
An Act to amend the definition of an abortion.
I certify that the attached Act originated in
the:
House as Bill No. 1257
Chief Clerk of the House
Speaker of the House
Attest:
Chief Clerk of the House
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1257
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2026 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2026
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________, 2026
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State