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 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 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;

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            (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)    
is guilty of aggravated assault. Aggravated assault is a Class 3 felony.

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An Act to revise certain provisions relating to battery committed against infants and unborn children.

========================= I certify that the attached Act originated in the SENATE as Bill No. 148 ____________________________ Secretary of the Senate =========================     ____________________________ President of the Senate Attest: ____________________________ Secretary of the Senate ____________________________ Speaker of the House Attest: ____________________________ Chief Clerk Senate Bill No. 148 File No. ____ Chapter No. ______

========================= Received at this Executive Office this _____ day of _____________ , 20____ at ____________ M. By _________________________ for the Governor ========================= The attached Act is hereby approved this ________ day of ______________ , A.D., 20___ ____________________________ Governor ========================= STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________ , 20___ at _________ o'clock __ M. ____________________________ Secretary of State By _________________________ Asst. Secretary of State