Bill to not penalize South Dakota women who get unlawful abortions goes forward

Annie Todd, Sioux Falls Argus Leader
·2 min read
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S.D. Senators gather for the first day of legislative session on Tuesday, January 10, 2023, at the South Dakota State Capitol in Pierre.

PIERRE — A bill that would ensure pregnant women not be held criminally liable for an unlawful abortion moved out of a Senate committee unanimously Wednesday.

All the proponents, from Sen Jessica Castleberry, R-Rapid City who sponsored HB 1220, to the Governor's Office and Attorney General's Office, and South Dakota Right for Life, agreed women who seek abortions are victims themselves.

"We can continue to create policy to protect unborn children, but we can also create policy to not further harm abortion vulnerable women," Castleberry said.

More:South Dakota bill seeks to not criminalize mothers who get non-medical abortions

Because of the U.S. Supreme Court decision in June that overturned Roe v. Wade, abortion policies and decisions have been returned to the states. That ruling activated a 2005 trigger law in South Dakota that bans all abortions except in cases where the life of the mother is in danger.

Sen. Erin Tobin, R-Winner, questioned Dale Bartscher, the executive director for South Dakota Right to Life, during the hearing, pointing to a letter he had handed out with a highlighted section, addressing the psychological and physical harm a pregnant woman may suffer after she has an abortion.

"Do you think that there's a place in the future to look at the health of the mother, because that would also affect physical and psychological damage to that mother?" Tobin said. "Is that something that Right to Life would be willing to work on?"

"Right to Life definitely will continue to collaborate with anyone on issues of the protection of the mother and the baby in the mother's womb," Bartscher said.

More:South Dakota's attempt to define what 'life of mother' means now put on hold

Tobin thanked him for his time, adding she hoped conversations would continue around the life of the mother since it seemed it was a high priority of the letter.

Earlier in February, a bill sponsored by Rep. Taylor Rehfeldt, R-Sioux Falls, would have further defined the life of a mother in cases of abortion. Rehfeldt tabled the bill, saying she wasn't sure the support was there.

A hoghouse amendment, which changes the definition of a bill entirely, to resurrect Rehfeldt's bill was published on the Legislative Research Council website, however, it was not introduced in committee. That leaves South Dakota for another year without clarifications to what life of mother means.

HB 1220 now heads to the Senate floor for final debate. If passed, it will go to Gov. Kristi Noem's desk for final approval.

This article originally appeared on Sioux Falls Argus Leader: Bill to not penalize South Dakota women who get unlawful abortions goes forward