SDLRC - 2020 House Bill 1057 - SD Legislature prohibit certain acts against children and provide a penalty therefor.
Act to prohibit certain acts against children and
provide a penalty therefor.
it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
26-10-36. Definition of terms.
used in §§ 26-10-37 and 26-10-38 mean:
professional," any physician, surgeon, physician assistant,
nurse, clinical nurse specialist, nurse practitioner, anesthetist, or
medical assistant licensed under title 36;
the biological state of being female or male, based on sex organs,
chromosomes, and endogenous hormone profiles.
Section 2. That a NEW SECTION be added:
26-10-37. Perception of minor's sex--Prohibited
practices--Violation as a felony.
as provided in § 26-10-38, a medical professional who
engages in any of the following practices upon a minor, including an
emancipated minor, for the purpose of attempting to change or affirm
the minor's perception of the minor's sex, if that perception is
inconsistent with the minor's sex, is guilty of a Class 4 felony:
the following surgeries: castration, vasectomy, hysterectomy,
oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty,
dispensing, administering, or otherwise supplying the following
medication to stop normal puberty;
doses of testosterone to females; or
doses of estrogen to males; or
any otherwise healthy or nondiseased body part or tissue.
Section 3. That a NEW SECTION be added:
26-10-38. Perception of minor’s sex--Prohibited
does not apply to the good faith medical decision of a parent or
guardian of a minor born with a medically-verifiable genetic disorder
of sex development, including:
minor with external biological sex characteristics that are
irresolvably ambiguous, such as a minor born having 46, XX
chromosomes with virilization, 46, XY chromosomes with
undervirilization, or having both ovarian and testicular tissue; or
(2) When a physician has otherwise diagnosed a disorder of sexual
development, in which the physician has determined through genetic
testing that the minor does not have the normal sex chromosome
structure for a male or female.
Section 4. That this Act may be cited as the Vulnerable
Child Protection Act.
Catchlines are not law.
(§ 2-16-13.1) Underscores
indicate new language.
indicate deleted language.