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South DakotaHB 1274101st South Dakota Legislature (2026)House

prohibit the dispensing, distribution, sale, or advertisement of certain articles or things for purposes of an unlawful abortion and provide a criminal and civil penalty therefor.

Sponsored By: Blanc, Greg (Republican), Hughes, John (Republican)

Signed by Governor

AbortionAttorney's FeesCrimesFundPenalty

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 2 costs, 0 mixed.

Felony penalties for causing unlawful abortions

South Dakota law makes giving, prescribing, or obtaining medicine or substances with intent to cause an abortion a Class 6 felony. Using instruments or other means with that intent is also covered. The ban excludes abortions that appropriate and reasonable medical judgment finds necessary to save the pregnant woman’s life.

Penalties for supplying unlawful abortion products

South Dakota law makes knowingly dispensing, distributing, selling, or advertising covered items for an unlawful abortion a Class 6 felony. Covered items include those designed, adapted, or intended to cause an abortion, or described to lead someone to that use. The attorney general can recover up to $10,000 per violation, plus attorney fees, costs, and other court-approved awards. Collected civil penalties go through the state treasurer to the Life Protection Subfund within the Extraordinary Litigation Fund. The attorney general can also seek temporary or permanent court orders stopping or preventing violations, plus fees, costs, and other awards. This applies when there is reason to believe someone is violating, has violated, or is about to violate the ban. These court-order cases can be filed where the violator lives or has a business, or in Hughes County circuit court.

Sponsors & Cosponsors

Sponsors

  • Blanc, Greg

    Republican • Senate

  • Hughes, John

    Republican • House

Cosponsors

  • Sjaarda, John

    Republican • House

  • Soye, Bethany

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 171 • No: 16

House vote • 3/10/2026

Concurred in amendments

Yes: 61 • No: 6

Senate vote • 3/9/2026

Do Pass Amended

Yes: 31 • No: 2

Senate vote • 3/4/2026

Do Pass Amended

Yes: 8 • No: 1

House vote • 2/24/2026

Do Pass Amended

Yes: 61 • No: 5

House vote • 2/20/2026

Do Pass Amended

Yes: 10 • No: 2

Actions Timeline

  1. Signed by the Governor

    3/30/2026House

  2. Delivered to the Governor

    3/12/2026House

  3. Signed by the President

    3/12/2026Senate

  4. Signed by the Speaker

    3/11/2026House

  5. House of Representatives Concurred in amendments, Passed, YEAS 61, NAYS 6

    3/10/2026House

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

    3/9/2026Senate

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

    3/4/2026Senate

  8. Senate State Affairs Motion to amend, Passed

    3/4/2026Senate

  9. Scheduled for hearing

    3/4/2026Senate

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

    2/25/2026Senate

  11. House of Representatives Do Pass Amended, Passed, YEAS 61, NAYS 5

    2/24/2026House

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

    2/20/2026House

  13. House State Affairs Motion to amend, Passed

    2/20/2026House

  14. House State Affairs Motion to amend, Passed

    2/20/2026House

  15. Scheduled for hearing

    2/20/2026House

  16. Referred to House State Affairs

    2/11/2026House

  17. First Reading House

    2/4/2026House

Bill Text

  • Introduced

    2/3/2026

    PDF

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