(HB 1215)
Abortion prohibited.
Section
1.
The Legislature accepts and concurs with the conclusion of the South Dakota Task
Force to Study Abortion, based upon written materials, scientific studies, and testimony of
witnesses presented to the task force, that life begins at the time of conception, a conclusion
confirmed by scientific advances since the 1973 decision of Roe v. Wade, including the fact that
each human being is totally unique immediately at fertilization. Moreover, the Legislature finds,
based upon the conclusions of the South Dakota Task Force to Study Abortion, and in recognition
of the technological advances and medical experience and body of knowledge about abortions
produced and made available since the 1973 decision of Roe v. Wade, that to fully protect the
rights, interests, and health of the pregnant mother, the rights, interest, and life of her unborn child,
and the mother's fundamental natural intrinsic right to a relationship with her child, abortions in
South Dakota should be prohibited. Moreover, the Legislature finds that the guarantee of due
process of law under the Constitution of South Dakota applies equally to born and unborn human
beings, and that under the Constitution of South Dakota, a pregnant mother and her unborn child,
each possess a natural and inalienable right to life.
Section
2.
That chapter
22-17
be amended by adding thereto a NEW SECTION to read as
follows:
Section
3.
That chapter
22-17
be amended by adding thereto a NEW SECTION to read as
follows:
Section
4.
That chapter
22-17
be amended by adding thereto a NEW SECTION to read as
follows:
Section
7.
That
§
34-23A-3
be repealed.
Section
8.
That
§
34-23A-4
be repealed.
Section
9.
That
§
34-23A-5
be repealed.
Section
10.
If any court of law enjoins, suspends, or delays the implementation of a provision
of this Act, the provisions of sections 6 to 9, inclusive, of this Act are similarly enjoined,
suspended, or delayed during such injunction, suspension, or delayed implementation.
Section
11.
If any court of law finds any provision of this Act to be unconstitutional, the other
provisions of this Act are severable. If any court of law finds the provisions of this Act to be
entirely or substantially unconstitutional, the provisions of
§
§
34-23A-2, 34-23A-3, 34-23A-4, and
34-23A-5, as of June 30, 2006, are immediately reeffective.
Section
12.
This Act shall be known, and may be cited, as the Women's Health and Human Life
Protection Act.