There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 23A CRIMINAL PROCEDURE
Chapter 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 to jury.
- §23A-27A-4 Aggravating circumstance and recommendation of death penalty required for Class A felony 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 required for death penalty imposition.
- §23A-27A-7 Sentence of death--Copies of judgment provided to officials.
- §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 set aside--Similar-case records provided to resentencing judge.
- §23A-27A-14 Life imprisonment when death penalty held unconstitutional.
- §23A-27A-15 Warrant of death sentence and execution--Time of execution.
- §23A-27A-16 Delivery of defendant with warrant to penitentiary.
- §23A-27A-17 Date and time of execution--Warden to make public announcement.
- §23A-27A-18 Repealed.
- §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 incompetence of defendant--Notice to Governor, secretary of corrections, and sentencing court.
- §23A-27A-22.1 Hearings and examinations regarding mental competence of defendant--Change in circumstances.
- §23A-27A-22.2 Psychiatric examination.
- §23A-27A-22.3 Psychiatric report.
- §23A-27A-22.4 Video tape record of psychiatric examination.
- §23A-27A-22.5 Counsel for defendant--Rights afforded at hearing.
- §23A-27A-23 Repealed.
- §23A-27A-24 Defendant incompetent to be executed--Suspension of sentence--Confinement--Periodic review.
- §23A-27A-25 Repealed.
- §23A-27A-26 Defendant mentally competent to be executed--Warrant of death sentence and execution--Time of execution.
- §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 statements inadmissible 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--Report.
- §23A-27A-28 Suspension of sentence if defendant pregnant.
- §23A-27A-29 Defendant no longer pregnant--Execution warrant issued.
- §23A-27A-30 Repealed.
- §23A-27A-31 Warrant appointing new time for execution issued by sentencing court if defendant not executed within original time period.
- §23A-27A-31.1 Segregation of defendant from other inmates--Access to defendant by others limited.
- §23A-27A-31.2 Confidentiality of identity of person administering intravenous injection--Violation as misdemeanor.
- §23A-27A-32 Place and manner of execution--Qualifications to administer intravenous injection--Substances dispensed to warden without prescription.
- §23A-27A-32.1 Execution of persons convicted before July 1, 2007--Choice of manner of execution.
- §23A-27A-33 Place for persons and equipment provided at penitentiary.
- §23A-27A-34 Attendance at execution by attorney general, sentencing judge, state's attorney, sheriff, representatives of victim, news media, and additional citizens approved by warden.
- §23A-27A-34.1 Attendance at execution by person trained to pronounce death, corrections staff, and law enforcement officers.
- §23A-27A-34.2 Witnesses permitted to defendant at execution.
- §23A-27A-35 Repealed.
- §23A-27A-36 Other persons not permitted to attend.
- §23A-27A-37 Secrecy of execution time--Disclosure as misdemeanor.
- §23A-27A-37.1 Disability of warden--Appointment of deputy or other officer.
- §23A-27A-37.2 Postmortem examination by county coroner.
- §23A-27A-37.3 Autopsy.
- §23A-27A-38 Repealed.
- §23A-27A-39 Interment of body unless claimed by relative.
- §23A-27A-40 Repealed.
- §23A-27A-40.1 Certificate of execution.
- §23A-27A-41 Repealed.
- §23A-27A-42 Death penalty prohibited for defendant younger than eighteen when offense committed.
- §23A-27A-43 Immunity of persons participating and cooperating in execution.
- §23A-27A-44 Effect of amendment and repeal of sections.
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