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     Section 1. The Legislature finds that a human being at any stage of development or aging, from the beginning of life until death, is a separate and distinct person. At the beginning of human life, a person begins to exist and personhood is determined only by the fact that a person is a human being, and not by any other status, circumstance, or factor.

     Section 2. The Legislature finds that since the United States Constitution and federal court decisions have not resolved the question of the beginning of human life, it is within the power of this Legislature to do so. Science overwhelmingly proves and validates that fertilization of a human ovum by a human sperm marks the beginning of the life of a new and distinct human being.

     Section 3. The Legislature finds that a person in the stage of development from the beginning of life until birth, considered an unborn child, is due all the rights and privileges granted under law to a person beyond that stage of development. South Dakota law recognizes a human being who is in the stage of development from the beginning of life until birth as a separate and distinct person. The State of South Dakota has a compelling and paramount interest in the preservation and protection of all persons within and subject to its jurisdiction. This protection applies to all persons at any stage of development or aging, from the beginning of life until death. Biological parents of unborn children have interests entitled to protection in the life, health, and well-being of their unborn child.

     34-23A-10.1.   No abortion may be performed except with the voluntary and informed consent of the female upon whom the abortion is to be performed. Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if:

information is reasonably available to the physician.

     Section 5. The Legislature finds that procedures terminating the life of an unborn child impose risks to the life and health of the pregnant mother, including the possibility of causing depression, suicide or suicidal ideation, post traumatic stress disorder or other mental and emotional trauma, physical injury, and death. The Legislature further finds that a woman seeking to terminate the life of her unborn child may be subject to pressures which can cause an emotional crisis, undue reliance on the advice of others, clouded judgment, and a willingness to violate conscience to avoid those pressures. The Legislature therefore finds that great care must be taken to provide a woman seeking to terminate the life of her unborn child with complete and accurate information and adequate time to understand and consider that information in order to make a fully informed and voluntary consent to the termination.

     Section 6. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

necessary for an abortion, and to declare an emergency.".