Friday, February 19, 2021

South Dakota and South Carolina Pass New Abortion Provisions

This week the South Dakota legislature gave final passage, and sent to the Governor Noem for her signature, HB 1051 (full text) modifying the state's abortion laws. The bill further spells out the right in existing state law for a child born alive after an attempted abortion to have medical care.  The new bill defines "born alive". It also gives a mother as well as the child a cause of action for damages for the physician's negligence in attempting to perform the abortion. Finally it imposes additional reporting requirements on physicians and facilities performing abortions. Liberty Counsel issued a press release announcing the passage of the bill.

Meanwhile, as reported by The State, South Carolina Governor Henry McMaster yesterday signed into law S.1, the Fetal Heartbeat Protection from Abortion Act, prohibiting an abortion if a fetal heartbeat is detected. [Thanks to Scott Mange for the lead.]