South Dakota Bill Increasing the Penalty for 20-Week Abortions (HB 1101)

HB 1101 would increase the penalty for performing an abortion on a fetus with the gestational age of twenty or more weeks from a Class 1 misdemeanor to a Class 6 felony.

South Dakota passed the ban on abortions after 20 weeks in 2016. When it was first introduced, the bill included a penalty of a Class 6 felony. An amendment to the bill decreased the penalty to a Class 1 misdemeanor.

If passed, any person found guilty of performing an abortion on a fetus with the gestational age of twenty or more weeks would face two years in jail and/or a fine of $4,000.

Related Legislation

The original law was based on model legislation drafted by the National Right to Life Committee.

Increased the penalty for SB 72, which became law in 2016.

STATUS

Passed the house on February 14, 2017, by a 58-8 vote.

Passed the senate on March 6, 2017, by a 23-11 vote.

Signed by Gov. Dennis Daugaard (R) on March 10, 2017.

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People

Organizations

• National Right to Life Committee — Drafted Model Law