State of South Dakota
LEGISLATIVE ASSEMBLY, 2004
HOUSE BILL NO. 1191
Introduced by: Representatives McCaulley, Bartling, Begalka, Christensen, Davis, Deadrick (Thomas), Dykstra, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Hackl, Hanson, Haverly, Heineman, Hennies, Hunhoff, Juhnke, Klaudt, Koistinen, Konold, Kraus, Lange, Lintz, Madsen, McCoy, Michels, Miles, Novstrup, Olson (Ryan), Peterson (Bill), Peterson (Jim), Rave, Rhoden, Rounds, Schafer, Sebert, Smidt, Solum, Teupel, Van Etten, Van Gerpen, Weems, Wick, and Williamson and Senators Schoenbeck, Abdallah, Albers, Apa, Bogue, Earley, Greenfield, Jaspers, Kelly, Kleven, Kloucek, Koetzle, Koskan, McCracken, Moore, Napoli, Sutton (Duane), and Vitter
fertilized by male sperm.
Section 3. The Legislature finds that the guarantee of due process of law under the South Dakota Bill of Rights applies equally to born and unborn human life and that there is no other justification for the taking of a guiltless human life by the state or by any person within and subject to the jurisdiction of the state.
Section 4. The Legislature finds that there is no justification for protecting an unborn human life in preference to the life of the mother if birth or continued pregnancy constitutes a clear and immediate threat of death to the mother or serious risk of substantial and irreversible impairment of a major bodily function.
Section 5. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
life is medically necessary to prevent the death of the pregnant woman or a serious risk of
substantial and irreversible impairment of a major bodily function of the pregnant woman is
guilty of violating section 5 of this Act.
Section 7. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows: