South Dakota: 'Justifiable Homicide' Bill on Hold

Feb. 16, 2011 -- Debate on a bill before the South Dakota state legislature that to some would make the killing of someone in defense of an unborn baby a "justifiable homicide" has been put off until next week.

Critics of the bill say that if it becomes law it could intimidate or otherwise deter people from seeking -- or performing -- safe, legal abortions.

Jensen told ABC News that he has learned that "South Dakota code already defines 'unborn child' as a person," which could potentially render the entire bill moot. "I didn't realize that," he said.

Taken aback by the massive amounts of media attention the story garnered Tuesday, the bill's sponsor, Rep. Phil Jensen, is mulling a change in the bill's wording.

At issue in HB-1171 is an expansion of the state's definition of "justifiable homicide" to possibly include the killing of a fetus.

As it currently reads, the HB-1171 would stipulate: "Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to harm the unborn child of such person in a manner and to a degree likely to result in the death of the unborn child ..."

South Dakota Attorney General Marty Jackley told Jensen that he might want to consider adding the words "that is unlawful and" after the words "to a degree."

Jensen said he is taking the week to decide whether he wants to add the new language to the bill, drop the bill entirely or leave it the way it is.

"I had no idea this would cause such a furor," he said Wednesday, admitting that he was a bit weary from fielding media inquiries since dawn. "The bill has nothing to do with abortion in reality."

But a provocative story on the Mother Jones website with a headline that shouted: "South Dakota Moves To Legalize Killing Abortion Providers"caused a major stir online.

The story drew the conclusion that "If the bill passes, it could in theory allow a woman's father, mother, son, daughter or husband to kill anyone who tried to provide that woman an abortion -- even if she wanted one."