SD HB1212

Amends wrongful death statute (§ 21-5-1) to explicitly include unborn children, allowing civil damages actions when an unborn child's death or injury is caused by wrongful act, neglect, or default, with damages going exclusively to the mother or lawfully married parents

Extends all criminal homicide provisions (Chapter 22-16) to apply equally to offenses committed against unborn children

Exempts from criminal liability the unintentional death of an unborn child resulting from lifesaving procedures to preserve the mother's life (if reasonable steps to preserve the unborn child's life are taken) or from spontaneous miscarriage

Repeals existing fetal homicide statute (§ 22-16-1.1), which was a Class B felony requiring knowledge of pregnancy and specific intent elements, replacing it with broader criminal protections

Repeals § 22-17-5.2, which previously protected females who underwent unlawful abortions from criminal liability