CHAPTER 187

(HB 1249)

Abortions restricted.

         ENTITLED, An Act to  prohibit the performance of abortions, except to save the life of the mother, and to provide a penalty therefor and to provide for a delayed effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 34-23A-2 be repealed.

     Section  2.  That § 34-23A-3 be repealed.

     Section  3.  That § 34-23A-4 be repealed.

     Section  4.  That § 34-23A-5 be repealed.

     Section  5.  That § 22-17-5 be repealed.

     Section  6.  That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

     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, 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  7.  This Act is effective on the date that the states are recognized by the United States Supreme Court to have the authority to regulate or prohibit abortion at all stages of pregnancy.

     Signed March 16, 2005

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