they are trying to push roe v. wade in front of the new justices to get it revoked. Nothing more to it. This would make it so that a woman can only get an abortion if her life was in danger. That means pregnancy caused by
**** or incest, as well as any birthing that may severely injure the mother (slip into a coma for example), but not kill her, would have to go to full term. An Indian reservation in the state plans to open an abortion clinic if it passes, because they are only superseded by federal law, which is still roe v wade. However, they would only legally be able to perform abortions if both the doctor and patient were a member of the tribe.
This would make getting an abortion a class 5 felony. Fines for a class five felony are "five years imprisonment in the state penitentiary. In addition, a fine of five thousand dollars may be imposed; "
Women\'s Health and Human Life Protection ActAdd Notes
State of South Dakota
EIGHTY-FIRST SESSION
LEGISLATIVE ASSEMBLY, 2006
529M0546 HOUSE BILL NO. 1215
Introduced by: Representatives Hunt, Brunner, Deadrick, Dykstra, Gillespie, Glenski, Haverly, Heineman, Howie, Hunhoff, Jensen, Jerke, Klaudt, Koistinen, Kraus, Krebs, Lange, McCoy, Michels, Miles, Nelson, Novstrup, Pederson (Gordon), Rausch, Rhoden, Tornow, Turbiville, Van Etten, Weems, Wick, and Willadsen and Senators Bartling, Abdallah, Earley, Kelly, Kloucek, Koskan, McNenny, Moore, Napoli, and Schoenbeck
FOR AN ACT ENTITLED, An Act to establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, to prescribe a penalty therefor, and to provide for the implementation of such provisions under certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Legislature accepts and concurs with the conclusion of the South Dakota Task Force to Study Abortion, based upon written materials, scientific studies, and testimony of witnesses presented to the task force, that life begins at the time of conception, a conclusion confirmed by scientific advances since the 1973 decision of Roe v. Wade, including the fact that each human being is totally unique immediately at fertilization. Moreover, the Legislature finds, based upon the conclusions of the South Dakota Task Force to Study Abortion, and in recognition of the technological advances and medical experience and body of knowledge about abortions produced and made available since the 1973 decision of Roe v. Wade, that to fully protect the rights, interests, and health of the pregnant mother, the rights, interest, and life of her unborn child, and the mother\'s fundamental natural intrinsic right to a relationship with her child, abortions in South Dakota should be prohibited.
Section 2. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
No person may knowingly administer to, prescribe for, or procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being. No person may knowingly use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being.
Any violation of this section is a Class 5 felony.
Section 3. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
Nothing in section 2 of this Act may be construed to prohibit the sale, use, prescription, or administration of a contraceptive measure, drug or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold, used, prescribed, or administered in accordance with manufacturer instructions.
Section 4. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
No licensed physician who performs a medical procedure designed or intended to prevent the death of a pregnant mother is guilty of violating section 2 of this Act. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice.
Medical treatment provided to the mother by a licensed physician which results in the accidental or unintentional injury or death to the unborn child is not a violation of this statute.
Nothing in this Act may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty.
Section 5. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
Terms used in this Act mean:
(1) "Pregnant," the human female reproductive condition, of having a living unborn human being within her body throughout the entire embryonic and fetal ages of the unborn child from fertilization to full gestation and child birth;
(2) "Unborn human being," an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal ages of the unborn child from fertilization to full gestation and childbirth;
(3) "Fertilization," that point in time when a male human sperm penetrates the zona pellucida of a female human ovum.
Section 6. That § 34-23A-2 be repealed.
[-]34-23A-2. An abortion may be performed in this state only if it is performed in compliance with § 34-23A-3, 34-23A-4, or 34-23A-5. [/-]
Section 7. That § 34-23A-3 be repealed.
[-] 34-23A-3. An abortion may be performed by a physician during the first twelve weeks of pregnancy. The abortion decision and its effectuation must be left to the medical judgment of the pregnant woman\'s attending physician during the first twelve weeks of pregnancy. [/-]
Section 8. That § 34-23A-4 be repealed.
[-]34-23A-4. An abortion may be performed following the twelfth week of pregnancy and through the twenty-fourth week of pregnancy by a physician only in a hospital licensed under the provisions of chapter 34-12 or in a hospital operated by the United States, this state, or any department, agency, or political subdivision of either or in the case of hospital facilities not being available, in the licensed physician\'s medical clinic or office of practice subject to the requirements of § 34-23A-6. [/-]
Section 9. That § 34-23A-5 be repealed.
[-]34-23A-5. An abortion may be performed following the twenty-fourth week of pregnancy by a physician only in a hospital authorized under § 34-23A-4 and only if there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life or health of the mother. [/-]
Section 10. If any court of law enjoins, suspends, or delays the implementation of a provision of this Act, the provisions of sections 6 to 9, inclusive, of this Act are similarly enjoined, suspended, or delayed during such injunction, suspension, or delayed implementation.
Section 11. If any court of law finds any provision of this Act to be unconstitutional, the other provisions of this Act are severable. If any court of law finds the provisions of this Act to be entirely or substantially unconstitutional, the provisions of § § 34-23A-2, 34-23A-3, 34-23A- 4, and 34-23A-5, as of June 30, 2006, are immediately reeffective.
Section 12. This Act shall be known, and may be cited, as the Women\'s Health and Human Life Protection Act.
source
although this is promising:
Pine Ridge Indian Reservation to offer abortions
If South Dakota\'s abortion ban stands, it won\'t ban them from all parts of the state. The Oglala Sioux tribe president wants to open a women\'s clinic on the Pine Ridge Indian Reservation that will offer abortions only if House Bill 1215 becomes law.
Cecilia Fire Thunder, President, Oglala Sioux Tribe
"The best solution to abortion is to make sure that women have access to contraceptives, have access to family planning options, and that information needs to be out there at all times where all women of childbearing age have that information and use it."
For those reasons, Fire Thunder wants to open a women\'s clinic on Pine Ridge, providing women with birth control options and proper health care, and if 1215 passes the clinic would also provide abortions.
"We just want to make sure that something is done for women who make that decision. All we can do is provide that to them, no questions asked. It\'s their choice. It\'s between her and God and that unborn baby. And I honor that."
South Dakota Attorney General Larry Long says providing an abortion on the Pine Ridge Reservation is not unlawful because state law doesn\'t apply to sovereign land.
"Roe vs. Wade is a federal law. Pine Ridge is a reservation that is under the jurisdiction of federal laws more than state laws."
But that doesn\'t mean just anyone can get an abortion. Long says providing and receiving abortions would be illegal if the person performing it and the woman were both non-Indian.
Fire Thunder says she is still looking into the legalities behind opening the clinic, but feels that the Reservation is in desperate need of this type of care.
"We have around 30,000 people living at Pine Ridge, half of which are eighteen and under. So we\'re safe to say that maybe 8,000 of our residents are age 18 and under and female."
Plans are in place to build a clinic regardless of the outcome of House Bill 1215.
source
Some current class 5 south dakota felonies:
perjury under oath
promoting ****
forgery
distributing over an ounce of marijuana
threatening a juror
fines:
(1) Class A felony: death or life imprisonment in the state penitentiary. A lesser sentence than death or life imprisonment may not be given for a Class A felony;
(2) Class B felony: life imprisonment in the state penitentiary. A lesser sentence may not be given for a Class B felony;
(3) Class 1 felony: life imprisonment in the state penitentiary. In addition, a fine of twenty- five thousand dollars may be imposed;
(4) Class 2 felony: twenty-five years imprisonment in the state penitentiary. In addition, a fine of twenty-five thousand dollars may be imposed;
(5) Class 3 felony: fifteen years imprisonment in the state penitentiary. In addition, a fine of fifteen thousand dollars may be imposed;
(6) Class 4 felony: ten years imprisonment in the state penitentiary. In addition, a fine of ten thousand dollars may be imposed;
(7) Class 5 felony: five years imprisonment in the state penitentiary. In addition, a fine of five thousand dollars may be imposed;
(
Class 6 felony: two years imprisonment in the state penitentiary or a fine of two thousand dollars, or both.
source
[MAD]NOT MY AMERICA![/MAD]
This, unfortunately, has been in the making for years.
It makes me nauseous.
what is wrong with people?
so this is only in South dakota right?
:yack::flag:That\'s it! I\'m moving to Amsterdam
Stand and fight. This country is yours as much as it is theirs.
:yack::flag:That\'s it! I\'m moving to Amsterdam
The quality of life in Amsterdam is not so hot. Nice place to visit I\'m sure, but from what I\'ve heard, no way in hell would I want to live there.
New Zealand, on the other hand...
so this is only in South dakota right?
yes, but if they pass it it then some woman would eventually get an abortion and be arrested. She file a suit based on the law being unconstitutional. The state would uphold it\'s law, so the case would be sent to the supreme court, where it would be decided whether roe v. wade is is constitutional based on this argument:
in recognition of the technological advances and medical experience and body of knowledge about abortions produced and made available since the 1973 decision of Roe v. Wade, that to fully protect the rights, interests, and health of the pregnant mother, the rights, interest, and life of her unborn child, and the mother\'s fundamental natural intrinsic right to a relationship with her child, abortions in South Dakota should be prohibited
South Dakota will argue that Roe v. Wade is unconstitutional because medical technology proves life begins at the moment sperm enters a woman, which means an abortion is the same as walking up to someone and shooting them in cold blood. Depending on your views on what \'the moment life beings\' is, you would fall to one side or another. If the supreme court rules in favor, then roe v. wade would be overturned and it would be illegal nation-wide to get an abortion.
That\'s all we need, more unwanted kids. :sigh: