Abortion legally banned in South Dakota!

[Aplomb]

S.D. Governor Signs Abortion Ban Into Law

AP - 2 hours, 13 minutes ago PIERRE, S.D. - Gov. Mike Rounds signed legislation Monday banning nearly all abortions in South Dakota, setting up a court fight aimed at challenging the 1973 U.S. Supreme Court decision that legalized abortion. The bill would make it a crime for doctors to perform an abortion unless the procedure was necessary to save the woman's life. It would make no exception for cases of rape or incest.
http://news.yahoo.com/fc/US/Abortion_Rights_Debate

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.

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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.

http://legis.state.sd.us/sessions/20...ls/HB1215p.htm

Let the fight begin!

South Dakota Women's Health and Human Life Protection Act: Brains, Backbone, and Battle
"This law will surely be struck down by every federal court until it reaches the Supreme Court. But by the time it reaches the Supreme Court, a majority may exist to overturn Roe vs. Wade. In that hour, ‘Wisdom will be justified by her children.’” Randall Terry, President, Society for Truth and Justice.
To: National Desk
Contact: Randall Terry, President, Society for Truth and Justice, 904-819-9450

MEDIA ADVISORY, Feb. 27 /Christian Wire Service/-- Randall Terry is available to discuss the short-term and long-term negative repercussions and positive benefits of the proposed legislation by the South Dakota Legislature.

Randall Terry's quotes and talking points:

"Truth has within it the seeds of its own victory; lies have within them the seeds of their own destruction. This bill is based in the truth; Roe versus Wade is based on a lie. Let the public debate begin. We are confident in the outcome."

“Finally -- a legislature that understands the value of human life and of truthful debate. This Legislature has the brains and the backbone for the battle that will follow.”

“Pro-life groups, leaders, and individuals should use this legislation to educate the public about the development of human life, and the true nature of abortion."

"The timid -- those already born -- will say that ‘the timing is not right.’ Remember Dr. Martin Luther King's ‘Letter from the Birmingham Jail’ when he chided white Americans who tried to suppress the dreams of black Americans yearning for freedom because of ‘timing.’ Only those skulking in the shadows of fear and uncertainty would deny the value of this legislation, or would try to persuade Governor Rounds to not sign it."

"Roe will only be overturned with legislation as clear and concise as this. It may be this law... or one twice removed in another state... but such a law must exist for the Supreme Court to have the chance to say, ‘The Roe Court was wrong -- Roe is hereby overturned.’ This bill has the vision to proceed forward with our inevitable victory.”

“Any bill that provides the Supreme Court the opportunity to overturn Roe will endure a firestorm of criticism. The South Dakota Legislature had the brains and the backbone to do the right thing. Let the defenders of life stands calm and firm; let the advocates of death howl and wail; in the end, the truth will prevail."

Randall Terry, Society for Truth and Justice 904 819 9450

http://www.earnedmedia.org/sftj0227.htm

[MagnetMan]

This is good news. Hopefully more states follow.