Chapter 148

(House Bill 1114)

An Act to provide a definition of abortion.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 34-23A-1 be AMENDED.

34-23A-1. Definition of terms.

Terms as used in this chapter mean:

(1) "Abortion," the use of any means to intentionally terminate the pregnancy of a woman known to be pregnant with knowledge that the termination with those means will, with reasonable likelihood, cause the death of the fetus intentional termination of the life of a human being in the uterus;

(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;

(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) "Parent," one parent or guardian of the pregnant minor or the guardian or conservator of the pregnant woman;

(7) "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;

(8) "Probable gestational age of the unborn child," what, 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.

Section 2. That § 34-23A-45 be AMENDED.

34-23A-45. "Induced abortion" defined.

For purposes of §§ 34-23A-34 to 34-23A-45, inclusive, only, the term, induced abortion, means the use of any means to intentionally terminate the pregnancy of a female known to be pregnant with knowledge that the termination with those means will, with reasonable likelihood, cause the death of the embryo or fetus intentional termination of the life of a human being in the uterus.

Signed March 25, 2021