South Dakota 20-Week Abortion Ban (SB 72)

SB 72 would prohibit all abortions after the twentieth week of pregnancy, except when the pregnancy exposes the woman to a risk of death or “serious risk of substantial and irreversible physical impairment of a major bodily function, not including a psychological or emotional condition.”

This bill makes it a Class 1 misdemeanor for a physician to intentionally or recklessly perform, or attempt to perform, an abortion of an “unborn child” capable of feeling pain unless it is a medical emergency

The bill uses the medically unfounded claim that an “unborn child” is capable of feeling pain at twenty or more weeks.

If an abortion is determined to be medically necessary, the physician would be required to abort the pregnancy in a manner that provides the best opportunity for the “unborn child” to survive.

Reporting Requirements

This bill would amend 34-23A-34 to include the following additional reporting requirements:

• How the post-fertilization age was determined, or if a determination was not made, the basis of the determination that an exception existed.;
• Whether an intra-fetal injection was used in an attempt to induce fetal demise;
• If the “unborn child” was deemed capable of experiencing pain, the basis of determination that a serious health risk to the “unborn child’s” mother exists; and
• If an abortion was performed, whether the method provided the best opportunity for the “unborn child” to survive, and if not, why.

Related Legislation

Based on model legislation drafted by the National Right to Life Committee.

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People

Organizations

• National Right to Life Committee — Drafted Model Law