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26.582.31 101st Legislative Session 1274
2026 South Dakota Legislature
House Bill 1274
ENROLLED
AN ACT
ENTITLED An Act to prohibit the dispensing, distribution, sale, or advertisement of
certain articles or things for purposes of an unlawful abortion and provide a
criminal and civil penalty therefor.
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 person or who prescribes or
procures for any person any medicine, drug, or substance or uses or employs any
instrument or other means with intent thereby to procure an abortion, unless there is
appropriate and reasonable m edical 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 a NEW SECTION be added to chapter 22-17:
No person may knowingly dispense, distribute, sell, or advertise any of the
following for purposes of an unlawful abortion pursuant to § 22-17-5.1:
(1) An article or thing designed, adapted, or intended for producing an abortion; or
(2) An article, instrument, substance, drug, medicine, or thing that is advertised or
described in a manner calculated to lead another to use or apply it for producing
an abortion.
A violation of this section is a Class 6 felony.
Section 3. That a NEW SECTION be added to chapter 22-17:
The attorney general may recover a civil penalty against a person for violating
section 2 of this Act. The amount of the civil penalty may not exceed ten thousand dollars
for each violation. The clerk of court shall forward any civil penalty collected unde r this
section to the state treasurer, for deposit in the life protection subfund, as established
within the extraordinary litigation fund pursuant to § 1-33-8.11.
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HB1274 ENROLLED
The attorney general may recover attorney fees, costs, and any other award the
court determines is appropriate.
Section 4. That a NEW SECTION be added to chapter 22-17:
If the attorney general has reason to believe that a person is engaging in, has
engaged in, or is about to engage in a violation of section 2 of this Act, the attorney
general may bring an action in the name of the state against the person to restrain the
person by temporary or permanent injunction.
An action under this section may be brought in the circuit court for the county in
which the alleged violator resides or has a place of business, or in the circuit court for
Hughes County, South Dakota. The court may issue a temporary or permanent injunction
to restrain and prevent any violation of section 2 of this Act.
The attorney general may recover attorney fees, costs, and any other award the
court determines is appropriate.
26.582.31 3 1274
HB1274 ENROLLED
An Act to prohibit the dispensing, distribution, sale, or advertisement of certain articles or
things for purposes of an unlawful abortion and provide a criminal and civil penalty therefor.
I certify that the attached Act originated in
the:
House as Bill No. 1274
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. 1274
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