State of South Dakota
LEGISLATIVE ASSEMBLY, 2006
HOUSE BILL NO. 1215 (emphasis added, comments in brackets):
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 [life sure -- but do rights begin at that time?], 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 [Are the elderly then undead bodies since they are potentially corpses?], and the mother's fundamental natural intrinsic right to a relationship with her child, abortions in South Dakota should be prohibited.Sigh...so it's come to this. Abortion is presently illegal in a state within the U.S. -- this is what happens when liberals think that "pro-choice" is a sufficient response to the faith of the anti-abortionists and more fundamental rational arguments for the morality of abortion are not heard. One can only hope that this law will be challenged and overturned at the Supreme Court though that is far from certain.
Section 2. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
No person may knowingly administer to, prescribe for, or procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being. No person may knowingly use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being.
Any violation of this section is a Class 5 felony.
Section 3. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
Nothing in section 2 of this Act may be construed to prohibit the sale, use, prescription, or administration of a contraceptive measure, drug or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold, used, prescribed, or administered in accordance with manufacturer instructions.
Section 4. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
No licensed physician who performs a medical procedure designed or intended to prevent the death of a pregnant mother is guilty of violating section 2 of this Act. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice.
Medical treatment provided to the mother by a licensed physician which results in the accidental or unintentional injury or death to the unborn child is not a violation of this statute.
Nothing in this Act may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty.[Isn't that nice? The woman is left to fend for herself because only doctors are subject to criminal penalties, do they know the history of backalley abortions?]
Section 5. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
Terms used in this Act mean:
(1) "Pregnant," the human female reproductive condition, of having a living unborn human being within her body throughout the entire embryonic and fetal ages of the unborn child from fertilization to full gestation and child birth;
(2) "Unborn human being," an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal ages of the unborn child from fertilization to full gestation and childbirth;(3) "Fertilization," that point in time when a male human sperm penetrates the zona pellucida of a female human ovum.