| 1 | 1 | | 25.695.9 100th Legislative Session 119 |
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| 4 | 4 | | 2025 South Dakota Legislature |
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| 5 | 5 | | Senate Bill 119 |
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| 12 | 12 | | Introduced by: Senator Smith |
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| 14 | 14 | | Underscores indicate new language. |
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| 15 | 15 | | Overstrikes indicate deleted language. |
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| 16 | 16 | | An Act to repeal capital punishment. 1 |
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| 17 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 |
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| 18 | 18 | | Section 1. That § 22-6-1 be AMENDED: 3 |
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| 19 | 19 | | 22-6-1. Except as otherwise provided by law, felonies are divided into the following 4 |
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| 20 | 20 | | nine classes which are distinguished from each other by the following maximum penalties 5 |
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| 21 | 21 | | which are authorized upon conviction: 6 |
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| 22 | 22 | | (1) Class A felony: death or life imprisonment in a state correctional facility. A lesser 7 |
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| 23 | 23 | | sentence than death or life imprisonment may not be given for a Class A felony. In 8 |
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| 24 | 24 | | addition, a fine of fifty thousand dollars may be imposed; 9 |
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| 25 | 25 | | (2) Class B felony: life imprisonment in a state correctional facility. A lesser sentence 10 |
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| 26 | 26 | | may not be given for a Class B felony. In addition, a fine of fifty thousand dollars 11 |
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| 27 | 27 | | may be imposed; 12 |
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| 28 | 28 | | (3) Class C felony: life imprisonment in a state correctional facility. In addition, a fine 13 |
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| 29 | 29 | | of fifty thousand dollars may be imposed; 14 |
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| 30 | 30 | | (4) Class 1 felony: fifty years imprisonment in a state correctional facility. In addition, 15 |
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| 31 | 31 | | a fine of fifty thousand dollars may be imposed; 16 |
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| 32 | 32 | | (5) Class 2 felony: twenty-five years imprisonment in a state correctional facility. In 17 |
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| 33 | 33 | | addition, a fine of fifty thousand dollars may be imposed; 18 |
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| 34 | 34 | | (6) Class 3 felony: fifteen years imprisonment in a state correctional facility. In 19 |
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| 35 | 35 | | addition, a fine of thirty thousand dollars may be imposed; 20 |
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| 36 | 36 | | (7) Class 4 felony: ten years imprisonment in a state correctional facility. In addition, 21 |
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| 37 | 37 | | a fine of twenty thousand dollars may be imposed; 22 |
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| 38 | 38 | | (8) Class 5 felony: five years imprisonment in a state correctional facility. In addition, 23 |
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| 39 | 39 | | a fine of ten thousand dollars may be imposed; and 24 |
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| 40 | 40 | | (9) Class 6 felony: two years imprisonment in a state correctional facility or a fine of 25 |
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| 41 | 41 | | four thousand dollars, or both. 26 25.695.9 2 119 |
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| 42 | 42 | | Underscores indicate new language. |
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| 43 | 43 | | Overstrikes indicate deleted language. |
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| 44 | 44 | | If the defendant is under the age of eighteen years at the time of the offense and 1 |
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| 45 | 45 | | found guilty of a Class A, B, or C felony, the maximum sentence may be a term of years 2 |
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| 46 | 46 | | in a state correctional facility, and a fine of fifty thousand dollars may be imposed. 3 |
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| 47 | 47 | | The court, in imposing sentence on a defendant who has been found guilty of a 4 |
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| 48 | 48 | | felony, shall order in addition to the sentence that is imposed pursuant to the provisions 5 |
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| 49 | 49 | | of this section, that the defendant make restitution to any victim in accordance with the 6 |
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| 50 | 50 | | provisions of chapter 23A-28. 7 |
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| 51 | 51 | | Nothing in this section limits increased sentences for habitual criminals under 8 |
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| 52 | 52 | | §§ 22-7-7, 22-7-8, and 22-7-8.1. 9 |
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| 53 | 53 | | Section 2. Notwithstanding chapter 23A-27A, a defendant charged with a crime carrying an 10 |
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| 54 | 54 | | authorized punishment of death who has not been convicted and sentenced to death prior to 11 |
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| 55 | 55 | | July 1, 2025, may not be sentenced to death. 12 |
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| 56 | 56 | | Section 3. Nothing in this Act alters, mitigates, or suspends the execution of any death 13 |
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| 57 | 57 | | sentence initially imposed prior to July 1, 2025, regardless of any appellate litigation resulting 14 |
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| 58 | 58 | | from the death sentence. Nothing in this Act gives rise to any cause of action to alter, mitigate, 15 |
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| 59 | 59 | | or suspend the execution of any death sentence initially imposed prior to July 1, 2025, 16 |
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| 60 | 60 | | regardless of any appellate litigation resulting from the death sentence. 17 |
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