HB 1257

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;
26.162.55  2  1257
   (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.
HB1257 ENROLLED
26.162.55  3  1257
An Act to amend the definition of an abortion.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 House as Bill No. 1257
                                                     By
                     Chief Clerk of the House  for the Governor
                                                                      The attached Act is hereby
                                                                  approved this ________ day of
                          Speaker of the House  ______________, A.D., 2026
 Attest:
                                                                                        Governor
                     Chief Clerk of the House
                                                     STATE OF SOUTH DAKOTA,
                                                                                               ss.
                                                     Office of the Secretary of State
                       President of the Senate
                                                                    Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                       Secretary of the Senate  Secretary of State
 House Bill No. 1257  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
HB1257 ENROLLED