South Dakota 27A — Capital Punishment
- 23A-27A-1 — Mitigating and aggravating circumstances considered by judge or jury.
- 23A-27A-2 — Presentence hearing required--Relevant evidence.
- 23A-27A-3 — Jury to determine existence of mitigating or aggravating circumstances--Instructions tojury.
- 23A-27A-4 — Aggravating circumstance and recommendation of death penalty required for Class Afelony death sentencing--Life imprisonment--Bench trial or guilty plea.
- 23A-27A-5 — Written designation of aggravating circumstances required.
- 23A-27A-6 — Designation by judge in nonjury cases--At least one aggravating circumstance requiredfor death penalty imposition.
- 23A-27A-7 — Sentencing--Copy to warden of state penitentiary.
- 23A-27A-8 — Accumulation of prior capital felony records by Supreme Court--Staff and methods.
- 23A-27A-9 — Review by Supreme Court required when death penalty imposed--Procedure.
- 23A-27A-10 — Sentence review consolidated with direct appeal--Decision.
- 23A-27A-11 — Procedure on appeal from capital punishment case--Briefs--Oral argument.
- 23A-27A-12 — Factors reviewed by Supreme Court regarding sentence.
- 23A-27A-13 — Reference to similar cases to be included in decision--Death sentence affirmed or setaside--Similar-case records provided to resentencing judge.
- 23A-27A-14 — Life imprisonment when death penalty held unconstitutional.
- 23A-27A-15 — Warrant of execution on judgment of death--Time of execution.
- 23A-27A-16 — Delivery of defendant with warrant to state penitentiary--Solitary confinement--Personsallowed access.
- 23A-27A-17 — Date and time of execution--Warden to make public announcement.
- 23A-27A-18 — Judge's statement of conviction transmitted to Governor.
- 23A-27A-19 — Investigation by Governor.
- 23A-27A-20 — Reprieve or suspension of sentence by Governor during investigation.
- 23A-27A-21 — Power to reprieve or suspend sentence limited to Governor--Exception.
- 23A-27A-22 — Mental illness of defendant--Notice to Governor--Appointment of commission to makeexamination.
- 23A-27A-23 — Examination by commission--Oath--Notice of time--Counsel--Witnesses--Report toGovernor.
- 23A-27A-24 — Defendant incompetent to proceed--Suspension of sentence, confinement in HumanServices Center--Periodic review.
- 23A-27A-25 — Defendant no longer incompetent--Report--Inquiry and certification by chief justice--Return to penitentiary.
- 23A-27A-26 — Governor's warrant for execution when defendant competent to proceed.
- 23A-27A-26.1 — Death penalty not to be imposed on person mentally retarded when crime committed.
- 23A-27A-26.2 — Mental retardation defined.
- 23A-27A-26.3 — Procedures for establishing mental retardation of defendant.
- 23A-27A-26.4 — Appeal by state.
- 23A-27A-26.5 — Examination of defendant by state--Videotaped recording--Defendant's statementsinadmissible except as to mental retardation.
- 23A-27A-26.6 — Applicability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive.
- 23A-27A-26.7 — Inseparability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive.
- 23A-27A-27 — Pregnancy of defendant--Examination by physicians--Report to warden.
- 23A-27A-28 — Suspension of sentence if defendant pregnant--Report transmitted to Governor.
- 23A-27A-29 — Defendant no longer pregnant--Governor's execution warrant issued.
- 23A-27A-30 — Sentence not suspended if defendant not pregnant--Report to Governor.
- 23A-27A-31 — Failure to execute death sentence--Order and warrant issued by Supreme Court.
- 23A-27A-32 — Place and manner of execution--Qualifications to perform--Exemptions.
- 23A-27A-33 — Place for persons and equipment provided at penitentiary.
- 23A-27A-34 — Persons attending execution--Arrangement by warden.
- 23A-27A-35 — Clergy and relatives or friends to attend at defendant's request.
- 23A-27A-36 — Persons not permitted to attend.
- 23A-27A-37 — Secrecy of execution time--Disclosure as misdemeanor.
- 23A-27A-38 — Post-mortem required after execution--Report.
- 23A-27A-39 — Interment of body unless claimed by relative.
- 23A-27A-40 — Certificate and return of warden after execution--Filing of return with post-mortemreport.
- 23A-27A-41 — Disability of warden--Execution by deputy or other designated prison officer.
- 23A-27A-42 — Death penalty prohibited for defendant younger than eighteen when offense committed.