South Dakota legislation · 101st Legislature (2026)
South Dakota HB1212: revise provisions in order to strengthen protections for unborn children.
Status: Failed, February 5, 2026
What the bill says
An Act to revise provisions in order to strengthen protections for unborn children.
From the introduced text, January 29, 2026:
An Act to revise provisions in order to strengthen protections for unborn children. Be it enacted by the Legislature of the State of South Dakota: Section 1. That § 21-5-1 be AMENDED: 21-5-1. [DELETED: Whenever ] [ADDED: If ] the death [DELETED: or injury of a person] [ADDED: of an individual] , including an unborn child, [DELETED: shall be] [ADDED: is] caused by a wrongful act, neglect, or default [DELETED: , and the act, neglect, or default is such as would have entitled the party injured to maintain] [ADDED: that would otherwise entitle the individual to bring] an action and recover damages [DELETED: in respect thereto, if death had not ensued, then and in every such case, the corporation which, or the person who, would have been liable, if death had not ensued] [ADDED: , had the individual survived, the wrongdoer] , or [DELETED: the personal representative of] the estate of [DELETED: such person as such personal representative, shall be] [ADDED: the wrongdoer, is] liable [DELETED: , to an action] for damages [DELETED: , notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony; and when the action is against such personal representative, the damages recovered shall be a valid claim against the estate of …
Sponsors
- John Carley (R, SD-029) · primary sponsor
- Tony Randolph (R, HD-035) · primary sponsor
- Aaron Aylward (R, HD-006)
- Josephine Garcia (R, HD-005)
- Travis Ismay (R, HD-028)
- Phil Jensen (R, 33)
- Dylan Jordan (R, HD-004)
- Kathy Rice (R, HD-029)
- Brandei Schaefbauer (R, HD-003)
Latest actions
- : Deferred to the 41st legislative day
- : Do Pass
- : Scheduled for hearing
- : Referred to Health and Human Services
- : First Reading House
Votes
- Do Pass (February 5, 2026): 5 yea, 8 nay, failed
- Deferred to the 41st legislative day (February 5, 2026): 9 yea, 4 nay, passed
Subjects: Abortion, Crimes
Common questions
- What is HB1212?
- HB1212 is a bill in the South Dakota Legislature (101st Legislature (2026)): revise provisions in order to strengthen protections for unborn children.
- What does HB1212 do?
- In its own words: An Act to revise provisions in order to strengthen protections for unborn children.
- What is the status of HB1212?
- Failed as of February 5, 2026. Latest action: Deferred to the 41st legislative day (February 5, 2026).
- Who sponsored HB1212?
- John Carley (R, SD-029), with 8 co-sponsors.
- Where is the official record for HB1212?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/26642
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.