Text of SD HB 1057 (2020)
Prohibit certain acts against children and provide a penalty therefor.
Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.
Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)
As introduced
3,131 characters
20.1.11
95th Legislative Session
448
2020 South Dakota Legislature
House Bill 1057
Introduced by: Representative Deutsch
Catchlines are not law. (§ 2-16-13.1)
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to prohibit certain acts against children and provide a penalty therefor.
1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
2
Section 1. That a NEW SECTION be added:
3
26-10-36. Definition of terms.
4
Terms used in §§ 26-10-37 and 26-10-38 mean:
5
(1)
"Medical professional," any physician, surgeon, physician assistant, nurse, clinical
6
nurse specialist, nurse practitioner, anesthetist, or medical assistant licensed under
7
title 36;
8
(2)
"Sex," the biological state of being female or male, based on sex organs,
9
chromosomes, and endogenous hormone profiles.
10
Section 2. That a NEW SECTION be added:
11
26-10-37. Perception of minor's sex--Prohibited practices--Violation as a
12
felony.
13
Except as provided in § 26-10-38, a medical professional who engages in any of
14
the following practices upon a minor, including an emancipated minor, for the purpose of
15
attempting to change or affirm the minor's perception of the minor's sex, if that perception
16
is inconsistent with the minor's sex, is guilty of a Class 4 felony:
17
(1)
Performing
the following
surgeries:
castration, vasectomy, hysterectomy,
18
oophorectomy,
metoidioplasty,
orchiectomy,
penectomy,
phalloplasty,
and
19
vaginoplasty;
20
(2)
Performing a mastectomy;
21
(3)
Prescribing, dispensing, administering,
or otherwise supplying the following
22
medications:
23
(a)
Puberty-blocking medication to stop normal puberty;
24
(b)
Supraphysiologic doses of testosterone to females; or
25
20.1.11
2
448
Catchlines are not law. (§ 2-16-13.1)
Underscores indicate new language.
Overstrikes indicate deleted language.
(c)
Supraphysiologic doses of estrogen to males; or
1
(4)
Removing any otherwise healthy or nondiseased body part or tissue.
2
Section 3. That a NEW SECTION be added:
3
26-10-38. Perception of minor’s sex--Prohibited practices--Exceptions.
4
Section 26-10-37 does not apply to the good faith medical decision of a parent or
5
guardian of a minor born with a medically-verifiable genetic disorder of sex development,
6
including:
7
(1)
A minor with external biological sex characteristics that are irresolvably ambiguous,
8
such as a minor born having 46, XX chromosomes with virilization, 46, XY
9
chromosomes with undervirilization, or having both ovarian and testicular tissue;
10
or
11
(2)
When a physician has otherwise diagnosed a disorder of sexual development, in
12
which the physician has determined through genetic testing that the minor does
13
not have the normal sex chromosome structure for a male or female.
14
Section 4. That this Act may be cited as the Vulnerable Child Protection Act.
15