Signed by Governor Dennis Daugaard

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that prohibits "sex-selective abortions".

Highlights:

• Prohibits an individual from knowingly or “in reckless disregard” performing or attempting to perform a “sex-selective abortion” (Sec. 2).

• Defines “sex-selective abortion” as the performance of an abortion with knowledge that the pregnant woman is seeking the abortion due to the sex of the fetus (Sec. 1).

• Requires a licensed physician to perform certain actions including, but not limited to, the following action prior to the scheduling of a surgical or medical abortion (Sec. 3):
• Inquire into whether the pregnant woman knows the sex of the fetus and if so, whether the pregnant woman is seeking an abortion due to the sex of the fetus, prior to scheduling an abortion.

• Classifies a violation of the provisions of this bill as a Class 6 felony (Sec. 2).

• Prohibits a penalty from being assessed against the pregnant mother upon whom the abortion is attempted or performed (Sec. 2). 

• Specifies that if any provision of this bill is held invalid, the remaining portions of the bill are severable and not impacted (Sec. 7).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits "sex-selective abortions".

Highlights:

• Prohibits an individual from knowingly or “in reckless disregard” performing or attempting to perform a “sex-selective abortion” (Sec. 2).

• Defines “sex-selective abortion” as the performance of an abortion with knowledge that the pregnant woman is seeking the abortion due to the sex of the fetus (Sec. 1).

• Requires a licensed physician to perform certain actions including, but not limited to, the following action prior to the scheduling of a surgical or medical abortion (Sec. 3):
• Inquire into whether the pregnant woman knows the sex of the fetus and if so, whether the pregnant woman is seeking an abortion due to the sex of the fetus, prior to scheduling an abortion.

• Classifies a violation of the provisions of this bill as a Class 6 felony (Sec. 2).

• Prohibits a penalty from being assessed against the pregnant mother upon whom the abortion is attempted or performed (Sec. 2). 

• Specifies that if any provision of this bill is held invalid, the remaining portions of the bill are severable and not impacted (Sec. 7).

Full Bill Text