FISCAL NOTE,
2004
LEGISLATIVE SESSION
FISCAL NOTE
2004-HB1191A
HB 1191 establish certain legislative findings, to reinstate the prohibition against certain acts
causing the termination of an unborn human life, and to prescribe a penalty therefor.
House Bill 1191 makes four legislative findings: (1) The State has a compelling interest to
protect all human life, both born and unborn; (2) Since federal case law has never resolved the
question of the beginning of life, the Legislature finds that unborn human life begins when the
ovum is fertilized by male sperm; (3) The guarantee of due process of law under the South
Dakota Bill of Rights applies equally to born and unborn human life; and (4) There is no
justification for protecting an unborn human life in preference to the life of the mother if birth or
continued pregnancy constitutes a clear and immediate threat of either death or severe,
irreversible harm to a major bodily function of the mother.
House Bill 1191 would make a person who terminates an unborn human life guilty of a Class 5
felony which is punishable with five years imprisonment and a $5,000 fine. A licensed physician
is not guilty of a Class 5 felony if the physician exercises reasonable medical judgment and
determines in good faith that the termination of an unborn human life is medically necessary to
prevent either death or serious, irreversible harm to a major bodily function of the mother.
This bill also defines the terms "pregnant", "serious risk of the substantial and irreversible
impairment of a major bodily function," and "unborn human life."
After consultation with the Office of Attorney General, it is estimated HB 1191 could have the
following impact on the state's finances:
|
Agency/Item
|
General Fund | Federal Funds | Other Funds | Total | FTE |
| Revenue: | $0 | $0 | $0 | $0 | |
|
Expenses:
Attorney General |
$500,000 |
$0 |
$0 |
$500,000 |
0.0 |
| Net Impact | $500,000 | $0 | $0 | $500,000 | 0.0 |
The number of individuals who would be found guilty of the crime created by HB 1191 cannot
be estimated; the cost to the State for Fiscal Year 2005 is not discernable.
If the substance of HB 1191 were to be completely litigated, in either state or federal court, the
Attorney General's office estimates cost to the State to be $500,000.
In 1995, the Attorney General's Office spent $89,755 for expert witnesses and attorney costs in a
case that dealt with similar issues. Currently the Attorney General has spent a minimum of
$150,000 on a similar case that is now being litigated.
APPROVED BY:_______________________________________ DATE:____________