HB1274 — Changes to Existing Law | SD Legislature Tracker

NEW SECTION added to Chapter 21-5

Except as otherwise provided in this section, the following persons may bring an action for the wrongful death of an unborn child against any person who prescribed for, procured for, or administered to any pregnant female, any abortion-inducing medicine, drug, or substance, in violation of § 22-17-5.1: (1) The pregnant female; (2) The father of the unborn child; (3) The maternal grandparent of the unborn child, if the pregnant female is under the age of eighteen; (4) Any other person harmed by the death of the unborn child; and (5) The estate of the pregnant female, if the pregnant female died as a result of taking the abortion-inducing medicine, drug, or substance. A person listed in subdivision (2), (3), or (4) of this section may not bring an action for the wrongful death of the unborn child, if the person aided or abetted in the prescription, procurement, or administration of the abortion-inducing medicine, drug or substance. A pregnant female is not liable under this section for prescribing, procuring, or administering any abortion-inducing medicine, drug, or substance for her own abortion. To maintain a cause of action under this section, the person bringing the action must prove by a preponderance of the evidence that the person suffered direct or indirect harm as a result of the violation of § 22-17-5.1. No action may be maintained if the female's pregnancy resulted from the criminal conduct of the individual bringing the action. A person who prevails in an action under this section is entitled to compensatory and punitive damages, costs, and reasonable attorney fees. Notwithstanding any other provision of law, an individual shall commence an action under this section no later than three years after the date on which the alleged harm occurred. An action may be maintained under this section whether or not the person alleged to have violated § 22-17-5.1 is charged or convicted of the alleged crime. 8

NEW SECTION added to Chapter 22-17

Any person who knowingly delivers or causes to be delivered into this state an abortion-inducing medicine, drug, or substance, for purposes of an unlawful abortion pursuant to § 22-17-5.1, is guilty of a Class felony. This section does not apply to: (1) A pregnant female who delivers or causes to be delivered into this state an abortion-inducing medicine, drug, or substance for her own abortion; or (2) A person who delivers or causes to be delivered into this state an abortion-inducing medicine, drug, or substance, for purposes of: (a) An abortion that is, in the reasonable medical judgement of a licensed medical practitioner, necessary to preserve the life of a pregnant female; or (b) A procedure for the management of a miscarriage. 21