South Dakota bill seeks to not criminalize mothers who get non-medical abortions
PIERRE — A bill that would prevent women from facing criminal charges if they had an unlawful abortion passed unanimously through a House of Representatives committee Wednesday.
After the United States Supreme Court repealed Roe v. Wade in the summer 2022, states had the ultimate say on if abortions should be legal in their jurisdictions. In South Dakota, that decision triggered a 2005 law immediately banning abortions, even in the case of rape and incest, except when the mother's life is at risk.
Rep. Rebecca Reimer, R-Chamberlain, said the bill was meant to provide clarity.
"Although women have not been criminalized in the past, and to my knowledge, (that) has never happened in South Dakota, HB 1220 makes our current practice crystal clear," she told the House Judiciary committee.
More:South Dakota's attempt to define what 'life of mother' means now put on hold
South Dakotan women were subjected to up to a year in jail and a fine of up to $1,000 if they had an abortion that was not meant to save their lives between 1862 and 1975, according to a review of Dakota Territory and South Dakota state law.
Proponents of the bill included those from an anti-abortion lobby who said women who sought to have abortions were victims themselves.
"She is a victim of a callus industry created to take lives and industry that claims to provide for women's health, but denies the reality that far too many women suffered devastating physical and psychological damage following abortion," said Dale Bartscher, the executive director of South Dakota Right for Life.
Gov. Kristi Noem's office also approved the bill. Noem has said repeatedly that the state will prosecute those who give abortions but not the women receiving them.
"Gov. Noem's goal is to make South Dakota a true pro-life leader, a state that cares for babies and their mothers both before birth and after," said Rachel Oglesby, Noem's chief of policy.
More:Fathers may soon be paying pregnancy-related costs in South Dakota
South Dakota Democrats had called for a special session following the fall of Roe to determine if pregnancies that were the result of rape or incest should be included in the state's abortion exceptions. The special session did not happen, but in a regular legislative session expected to have multiple fights over abortion access, it's been rather quiet.
Only one other bill tied to the issue of abortion, which sought to further define what life of the mother meant and was introduced by Rep. Taylor Rehfeldt, R-Sioux Falls, was tabled in early February.
A ballot initiative is gathering signatures that would put the future of abortion in South Dakota to a vote.
This article originally appeared on Sioux Falls Argus Leader: SD bill seeks to not criminalize mothers who get non-medical abortions
