South Dakota ‘Dismemberment Abortion’ Ban (HB 1189)

HB 1189 would prohibit a person from intentionally performing, or attempting to perform, a “dismemberment abortion” unless it is a medical emergency.

A person who violates this provision would be committing a Class 6 felony. The bill prohibits the pregnant patient from being held liable.

The bill would permit the father of the human fetus and the maternal grandparents (if the patient is a minor) to file a civil action to obtain appropriate relief in the case of such an abortion.

This law targets a procedure known as dilation and evacuation (D and E), which is frequently used during second-trimester abortions. According to the American Congress of Obstetricians and Gynecologists, an abortion using suction aspiration can be performed up to 14 weeks’ gestation, but after 14 weeks the D and E procedure must be used to perform an abortion. As such, dilation and evacuation bans, depending upon their language, may ban all surgical abortion past 14 weeks’ gestation. (Source.)

Related Legislation

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

Similar to HB 1241, which failed to pass in 2014.

People

Organizations

• National Right to Life Committee — Drafted Model Law