AMENDMENT FOR HOUSE STATE AFFAIRS COMMITTEE ENGROSSED BILL
1293re
___________________ moved that HB 1293 be amended as follows:
On page
2,
between lines 11 and 12 of the House State Affairs Committee engrossed bill, insert:
"
(5) That a pregnant mother possesses certain intrinsic rights which enjoy affirmative
protection under the Constitution of the United States, and under the Constitution and
laws of the State of South Dakota, and that among these rights are the fundamental right
of the pregnant mother to a relationship with her child, and her fundamental right to make
decisions that advance the well-being and welfare of her child;".
On page
2
,
line 12,
delete "
(5)
"
and insert "(6)".
On page
2
,
line 22,
after "
judgment,
"
insert "consistent with the accepted standards of medical
practice,".
On page
3
,
line 1,
after "
judgment,
"
insert "consistent with the accepted standards of medical
practice,".
On page
3
,
line 2,
after "
that
"
insert "an abortion is necessary because".
On page
3
,
line 3,
delete "
a major bodily function
"
and insert "the functioning of a major bodily
organ or system".
On page
3
,
line 6,
delete "
an aggravated incest as defined in
§
22-22A-3
"
and insert "an incest
as defined in this Act".
On page
3
,
line 8,
delete "
date of viability
"
and insert "completion of the twentieth week
following the mother's last menstrual period".
On page
3
,
line 9,
after "
judgment
"
insert ", consistent with the accepted standards of medical
practice, and as confirmed by a sonogram and other conventional methods".
On page
4
,
line 14,
after "
services
"
insert "qualified in counseling victims of rape or incest".
On page
5
,
line 3,
delete "
July 1, 2007
"
and insert "the effective date of this Act".
On page
5
,
line 5,
delete "
text of
§
§
22-22-1 and 22-22A-3
"
and insert "texts of
§
22-22-1, and
of the definition of incest in subdivision (4) of section 8 of this Act, and of
§
25-1-6".
On page
6
,
between lines 4 and 5, insert:
"
No woman making a report of incest under this Act is subject to criminal prosecution for the
incest.".
On page
6
,
line 5,
after "
report
"
insert "of rape or incest".
On page
6
,
delete lines
10 to 13
, inclusive, and insert:
"
(1) "Abortion," any procedure upon a pregnant mother, or use of any instrument upon a
pregnant mother, or administration of any medicine or drug or substance or device to a
pregnant mother, or prescription or procurement or sale of any medicine or drug or
substance or device for use by a pregnant mother, with the intent of causing or abetting
the termination of the life of an unborn human being; ".
On page
6
,
line 19,
delete "
.
"
and insert ";".
On page
6
,
between lines 19 and 20, insert:
"
(4) "Incest," an act of sexual penetration, as defined in
§
22-22-2, involving persons who are
related to each other within the degrees of consanguinity within which marriages are, by
the laws of this state, declared void pursuant to
§
25-1-6, or where one of the persons is
the child of the perpetrator or the child of a spouse or former spouse of the perpetrator.".
On page
8
,
line 1,
delete "
a rape
"
and insert "any conduct that could be a violation of any
section of this chapter".
On page
8
,
line 5,
delete "
an aggravated incest
"
and insert "any conduct that could be a violation
of any section of this chapter".