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South Dakota Dilation and Evacuation Abortion Ban (HB 1241)

This law was last updated on Mar 28, 2016


State

South Dakota

Number

HB 1241

Status

Failed to Pass

Proposed

Feb 4, 2014

Topics

Dilation and Evacuation Bans

Full Bill Text

legis.sd.gov

HB 1241 would have prohibited a physician from “knowingly dismember[ing] a living unborn child with the intent of endangering the life or health of the child.”

A violation of this law would have been Class 2 felony. If the violation involved the separation of the skull from the spine, then the penalty would have been a Class B felony.

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.)


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