READ HB 1215
don't take my word for it, see for yourself.

READ MY LETTER to the legilators who passed HB 1215

click here for the addresses of the legilators who passed HB 1215

(go ahead, send them something. why should I have all the fun?)

 ____________________________________

AN ACT
         ENTITLED, An Act to  establish certain legislative findings, to codify particular responsibilities for a biological parent to maintain his or her minor child's health, to prescribe a penalty for abdication of that responsibility, and to provide for the implementation of such provisions under certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  The Legislature accepts and concurs with the conclusion of the South Dakota Task Force to Study Abortion, based upon written materials, scientific studies, and testimony of witnesses presented to the task force, the fact that each human being is genetically unique immediately at fertilization, and that some similarities in genetics exist between biological parents and their children which statistically make them more suitable organ and/or tissue donors than the population at large. Moreover, the Legislature finds, based upon the conclusions of the South Dakota Task Force to Study Abortion, and in recognition of the technological advances and medical experience and body of knowledge about organ donation produced and made available since the 1973 decision of Roe v. Wade, that to fully protect the rights, interests, and health of a minor child, and the mother's fundamental natural intrinsic right to a relationship with her child, organ and/or tissue donations to minor children in need thereof will be required from suitably-matched biological parents. Moreover, the Legislature finds that the guarantee of due process of law under the Constitution of South Dakota applies equally to born and unborn human beings, and that under the Constitution of South Dakota, a born and unborn child each possess a natural and inalienable right to life.
     Section  2.  That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
     No person may knowingly refrain from donating organs or tissue to his or her biological child in need thereof, when such abstention would cause or abet the termination of the life of such minor human being.
     Any violation of this section is a Class 5 felony.
     Section  3.  That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
     Nothing in section 2 of this Act may be construed to prohibit the sale, use, prescription, or administration of artificial organs or tissue, if it is administered as an emergency measure prior to the time when the suitability of the organ or tissue from the biological parent can be determined, or if neither biological parent is found to be a suitable donor, and if the artificial organs or tissue is sold, used, prescribed, or administered in accordance with manufacturer instructions.
     Section  4.  That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
     No licensed physician who performs a medical procedure designed or intended to prevent the death of a biological parent is guilty of violating section 2 of this Act. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the biological parent and the suitability for transplant of his or her organs and tissue into a minor child potentially in need thereof, in a manner consistent with conventional medical practice.
     Medical treatment provided to the biological parent by a licensed physician which results in the accidental or unintentional injury or death to his or her organs and tissue is not a violation of this statute.
     Section  5.  This Act shall be known, and may be cited, as the Child Health and Life Protection Act.

Click to read about 70 year old Dr. McCreary, who came out of retirement to provide safe abortions to women in South Dakota because no local doctor will do so any more.