___________________ moved that HB 1191 be amended as follows:
Section 1. The Legislature finds that a human being at any stage of development or aging, from the beginning of life until death, is a separate and distinct person. At the beginning of human life, a person begins to exist and personhood is determined only by the fact that a person is a human being, and not by any other status, circumstance, or factor.
Section 2. The Legislature finds that since the United States Constitution and federal court
decisions have not resolved the question of the beginning of human life, it is within the power of this
Legislature to do so. Science overwhelmingly proves and validates that fertilization of a human
ovum by a human sperm marks the beginning of the life of a new and distinct human being.
Section 3. The Legislature finds that a person in the stage of development from the beginning
of life until birth, considered an unborn child, is due all the rights and privileges granted under law
to a person beyond that stage of development. South Dakota law recognizes a human being who is
in the stage of development from the beginning of life until birth as a separate and distinct person.
The State of South Dakota has a compelling and paramount interest in the preservation and
protection of all persons within and subject to its jurisdiction. This protection applies to all persons
at any stage of development or aging, from the beginning of life until death. Biological parents of
unborn children have interests entitled to protection in the life, health, and well-being of their unborn
Section 4. That
be amended to read as follows:
No abortion may be performed except with the voluntary and informed consent
of the female upon whom the abortion is to be performed. Except in the case of a medical
emergency, consent to an abortion is voluntary and informed only if:
abortion, by the referring physician, or by an agent of either, at least twenty-four hours
before the abortion:
Section 5. The Legislature finds that procedures terminating the life of an unborn child impose
risks to the life and health of the pregnant mother, including the possibility of causing depression,
suicide or suicidal ideation, post traumatic stress disorder or other mental and emotional trauma,
physical injury, and death. The Legislature further finds that a woman seeking to terminate the life
of her unborn child may be subject to pressures which can cause an emotional crisis, undue reliance
on the advice of others, clouded judgment, and a willingness to violate conscience to avoid those
pressures. The Legislature therefore finds that great care must be taken to provide a woman seeking
to terminate the life of her unborn child with complete and accurate information and adequate time
to understand and consider that information in order to make a fully informed and voluntary consent
to the termination.
Section 6. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval."