FOR AN ACT ENTITLED, An Act to revise certain provisions relating to battery committed against infants and unborn children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 22-18 be amended by adding thereto a NEW SECTION to read as follows:

    Any person who intentionally or recklessly causes serious bodily injury to an infant, less than three years old, by causing any intracranial or intraocular bleeding, or swelling of or damage to the brain, whether caused by blows, shaking, or causing the infant's head to impact with an object or surface is guilty of aggravated battery of an infant. Aggravated battery of an infant is a Class 2 felony. A second or subsequent violation of this section is a Class 1 felony.
    Section 2. That § 22-18-1.2 be amended to read as follows:
    22-18-1.2. Any person who assaults a pregnant woman and inflicts bodily injury on an unborn child who is subsequently born alive is guilty of simple assault criminal battery of an unborn child. Criminal battery of an unborn child is a Class 1 misdemeanor. For the purposes of this section, the term, bodily injury, does not include the inducement of the unborn child's

birth if done for bona fide medical purposes.
    Section 3. That § 22-18-1.3 be amended to read as follows:
    22-18-1.3. Any person who assaults a pregnant woman and inflicts serious bodily injury on an unborn child who is subsequently born alive is guilty of aggravated assault criminal battery of an unborn child. Aggravated criminal battery of an unborn child is a Class 3 felony.
    Section 4. That § 22-18-1.1 be amended to read as follows:
    22-18-1.1. Any person who:

            (1)    Attempts to cause serious bodily injury to another, or causes such injury, under circumstances manifesting extreme indifference to the value of human life;

            (2)    Attempts to cause, or knowingly causes, bodily injury to another with a dangerous weapon;

            (3)    Deleted by SL 2005, ch 120, § 2;

            (4)    Assaults another with intent to commit bodily injury which results in serious bodily injury;

            (5)    Attempts by physical menace with a deadly weapon to put another in fear of imminent serious bodily harm; or

            (6)    Deleted by SL 2005, ch 120, § 2;

            (7)    Intentionally or recklessly causes serious bodily injury to an infant, less than three years old, by causing any intracranial or intraocular bleeding, or swelling of or damage to the brain, whether caused by blows, shaking, or causing the infant's head to impact with an object or surface;
is guilty of aggravated assault. Aggravated assault is a Class 3 felony. However, a violation of subdivision (7) is a Class 2 felony. A second or subsequent violation of subdivision (7) is a Class 1 felony.