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South DakotaHB 1257101st South Dakota Legislature (2026)House

amend the definition of an abortion.

Sponsored By: Grove, Tamara R. (Republican), Heinemann, Leslie J. (Republican)

Signed by Governor

AbortionCrimesHealth CareMedical RecordsPublic Health and Safety

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 1 costs, 0 mixed.

Felony penalties for most abortion care

South Dakota law makes it a Class 6 felony to administer, prescribe, or obtain substances with intent to cause an abortion. The same penalty covers using instruments or other means for that purpose. The exception requires appropriate and reasonable medical judgment that an abortion is necessary to save the pregnant female’s life. The law defines abortion as intentionally ending a human life in the uterus, with listed medical situations excluded. Its definition of a human being includes unborn life from fertilization through full gestation. It separately defines a medical emergency to include preventing death or substantial, irreversible harm to a major bodily function. That broader emergency definition does not expand the felony exception beyond saving the pregnant female’s life.

Sponsors & Cosponsors

Sponsors

  • Grove, Tamara R.

    Republican • Senate

  • Heinemann, Leslie J.

    Republican • House

Cosponsors

  • Jorgenson, Terri

    Republican • House

  • Sjaarda, John

    Republican • House

  • Soye, Bethany

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 109 • No: 11

Senate vote • 3/3/2026

Do Pass Amended

Yes: 31 • No: 2

Senate vote • 3/2/2026

Do Pass

Yes: 8 • No: 1

House vote • 2/24/2026

Do Pass Amended

Yes: 60 • No: 6

House vote • 2/23/2026

Do Pass Amended

Yes: 10 • No: 2

Actions Timeline

  1. Signed by the Governor

    3/30/2026House

  2. Delivered to the Governor

    3/9/2026House

  3. Signed by the President

    3/5/2026Senate

  4. Signed by the Speaker

    3/4/2026House

  5. Senate Do Pass Amended, Passed, YEAS 31, NAYS 2

    3/3/2026Senate

  6. Senate State Affairs Do Pass, Passed, YEAS 8, NAYS 1

    3/2/2026Senate

  7. Scheduled for hearing

    3/2/2026Senate

  8. First read in Senate and referred to Senate State Affairs

    2/25/2026Senate

  9. House of Representatives Do Pass Amended, Passed, YEAS 60, NAYS 6

    2/24/2026House

  10. House State Affairs Do Pass Amended, Passed, YEAS 10, NAYS 2

    2/23/2026House

  11. House State Affairs Motion to amend, Passed

    2/23/2026House

  12. Scheduled for hearing

    2/23/2026House

  13. Referred to House State Affairs

    2/11/2026House

  14. Prime Sponsor Changed at the Request of the Prime Sponsor

    2/6/2026House

  15. First Reading House

    2/3/2026House

Bill Text

  • Introduced

    2/3/2026

    PDF

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