Two South Dakota lawmakers have introduced legislation that would abolish and criminalize abortion statewide. House Bill 1212, filed by Rep. Tony Randolph and Sen. John Carley, seeks to classify abortion under the state’s existing homicide and wrongful‑death statutes, which sponsors describe as an “equal protection” approach.
Supporters say the measure is the first of its kind in South Dakota and would grant unborn children the same legal protections as those already born. They argue that although physical abortion clinics have closed, abortions still occur through telehealth services and self‑managed methods, and current laws contain exceptions that allow certain abortions to remain legal.
HB 1212 would also remove statutory protections shielding pregnant women from prosecution, applying homicide‑level criminal penalties in abortion cases—an expansion backers say goes further than previous legislation.
Opponents warn the proposal could disproportionately harm low‑income and marginalized communities, deter patients from seeking care in pregnancy‑related emergencies, and create uncertainty in medical situations such as miscarriages or ectopic pregnancies.
The bill is scheduled for its first hearing before the House Health and Human Services Committee this morning.
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