South DakotaSouth Dakota bars providing items for unlawful abortions
South Dakota law bars knowingly providing certain items for an unlawful abortion and lets the attorney general seek penalties or a court order.
What it does
The law bars knowingly providing or advertising items meant to cause an abortion, or described to encourage that use, for an abortion unlawful under South Dakota law. A violation is a Class 6 felony.
The attorney general may seek up to $10,000 per violation and ask a court to stop a violation. A court may also award fees, costs, or other relief.
Argument forCourt orders could help stop people from providing covered items for an unlawful abortion before or during a suspected violation.
Argument againstPeople could face a felony for knowingly selling, distributing, or advertising items for an unlawful abortion, even when the item is described as encouraging that use.
More detail
A person may not knowingly provide or advertise certain items for an unlawful abortion. The restriction covers anyone who knowingly dispenses, distributes, sells, or advertises a covered item. The item must be designed, adapted, or intended to produce an abortion, or described in a way meant to lead someone to use it for that purpose. The abortion must be unlawful under § 22-17-5.1; that section makes an exception when reasonable medical judgment finds the abortion necessary to preserve the pregnant female's life.
The attorney general may seek civil penalties and court orders against a person violating the restriction. The attorney general may bring a case against a person for violating the restriction. A civil penalty may be up to $10,000 for each violation. The attorney general may seek an order when there is reason to believe a person is violating, has violated, or is about to violate the restriction. A court may issue a temporary or permanent order. The attorney general may recover fees, costs, and other relief the court finds appropriate.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Signed by the Governor Larry Rhoden on 2026-03-30 H.J. 579Became Law
- Mar 12Delivered to the Governor on 2026-03-12 H.J. 574To Governor
- Mar 12Signed by the President S.J. 528Passed Senate
- Mar 11Signed by the Speaker H.J. 560Passed House
- Mar 10House of Representatives Concurred in amendments , Passed, YEAS 61, NAYS 6 H.J. 549
- Vote recorded Concurred in amendments. Result: pass.Lower
- Mar 9Senate Do Pass Amended , Passed, YEAS 31, NAYS 2 S.J. 498
- Vote recorded Do Pass Amended. Result: pass.Upper
- Mar 4State Affairs Do Pass Amended , Passed, YEAS 8, NAYS 1 S.J. 39
- Vote recorded Do Pass Amended. Result: pass.Upper
- Mar 4State Affairs Motion to amend , Passed, S.J. 39 Amendment 1274GMajor
- Mar 4Scheduled for hearing
- Feb 25First read in Senate and referred to Senate State Affairs S.J. 398Minor
- Feb 24House of Representatives Do Pass Amended , Passed, YEAS 61, NAYS 5 H.J. 426
- Vote recorded Do Pass Amended. Result: pass.Lower
- Feb 20State Affairs Do Pass Amended , Passed, YEAS 10, NAYS 2
- Vote recorded Do Pass Amended. Result: pass.Lower
- Feb 20State Affairs Motion to amend , Passed, Amendment 1274DMajor
- Feb 20State Affairs Motion to amend , Passed, Amendment 1274CMajor
- Feb 20Scheduled for hearing
- Feb 11Referred to House State Affairs H.J. 294Minor
- Feb 4First Reading House H.J. 220Introduced
Criminal JusticeReproductive Rights