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Capital Punishment
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South Dakota Codified Laws
Criminal Procedure
Capital Punishment
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Section
23A-27A-1
Mitigating and aggravating circumstances considered by judge or jury.
Section
23A-27A-2
Presentence hearing required--Relevant evidence.
Section
23A-27A-3
Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury.
Section
23A-27A-4
Aggravating circumstance and recommendation of death penalty required for Class A felony death sentencing--Life imprisonment--Bench trial or guilty plea.
Section
23A-27A-5
Written designation of aggravating circumstances required.
Section
23A-27A-6
Designation by judge in nonjury cases--At least one aggravating circumstance required for death penalty imposition.
Section
23A-27A-7
Sentence of death--Copies of judgment provided to officials.
Section
23A-27A-8
Accumulation of prior capital felony records by Supreme Court--Staff and methods.
Section
23A-27A-9
Review by Supreme Court required when death penalty imposed--Procedure.
Section
23A-27A-10
Sentence review consolidated with direct appeal--Decision.
Section
23A-27A-11
Procedure on appeal from capital punishment case--Briefs--Oral argument.
Section
23A-27A-12
Factors reviewed by Supreme Court regarding sentence.
Section
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.
Section
23A-27A-14
Life imprisonment when death penalty held unconstitutional.
Section
23A-27A-15
Warrant of death sentence and execution--Time of execution.
Section
23A-27A-16
Delivery of defendant with warrant to penitentiary.
Section
23A-27A-17
Date and time of execution--Warden to make public announcement.
Section
23A-27A-18
Repealed.
Section
23A-27A-19
Investigation by Governor.
Section
23A-27A-20
Reprieve or suspension of sentence by Governor during investigation.
Section
23A-27A-21
Power to reprieve or suspend sentence limited to Governor--Exception.
Section
23A-27A-22
Mental incompetence of defendant--Notice to Governor, secretary of corrections, and sentencing court.
Section
23A-27A-22.1
Hearings and examinations regarding mental competence of defendant--Change in circumstances.
Section
23A-27A-22.2
Psychiatric examination.
Section
23A-27A-22.3
Psychiatric report.
Section
23A-27A-22.4
Video tape record of psychiatric examination.
Section
23A-27A-22.5
Counsel for defendant--Rights afforded at hearing.
Section
23A-27A-23
Repealed.
Section
23A-27A-24
Defendant incompetent to be executed--Suspension of sentence--Confinement--Periodic review.
Section
23A-27A-25
Repealed.
Section
23A-27A-26
Defendant mentally competent to be executed--Warrant of death sentence and execution--Time of execution.
Section
23A-27A-26.1
Death penalty not to be imposed on intellectually disabled person.
Section
23A-27A-26.2
Intellectual disability defined.
Section
23A-27A-26.3
Procedures for determining intellectual disability of defendant.
Section
23A-27A-26.4
Appeal by state.
Section
23A-27A-26.5
Examination of defendant by expert designated by state--Videotaped recording--Defendant's statements inadmissible except as to issue of intellectual disability.
Section
23A-27A-26.6
Applicability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive.
Section
23A-27A-26.7
Inseparability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive.
Section
23A-27A-27
Pregnancy of defendant--Examination--Report.
Section
23A-27A-28
Suspension of sentence if defendant pregnant.
Section
23A-27A-29
Defendant no longer pregnant--Execution warrant issued.
Section
23A-27A-30
Repealed.
Section
23A-27A-31
Warrant appointing new time for execution issued by sentencing court if defendant not executed within original time period.
Section
23A-27A-31.1
Segregation of defendant from other inmates--Access to defendant by others limited.
Section
23A-27A-31.2
Confidentiality of identity of person or entity supplying or administering intravenous injection substance--Violation as misdemeanor.
Section
23A-27A-32
Place and manner of execution--Qualifications to administer intravenous injection--Substances dispensed to warden without prescription.
Section
23A-27A-32.1
Execution of persons convicted before July 1, 2007--Choice of manner of execution.
Section
23A-27A-33
Place for persons and equipment provided at penitentiary.
Section
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.
Section
23A-27A-34.1
Attendance at execution by person trained to pronounce death, corrections staff, and law enforcement officers.
Section
23A-27A-34.2
Witnesses permitted to defendant at execution.
Section
23A-27A-35
Repealed.
Section
23A-27A-36
Other persons not permitted to attend.
Section
23A-27A-37
Secrecy of execution time--Disclosure as misdemeanor.
Section
23A-27A-37.1
Disability of warden--Appointment of deputy or other officer.
Section
23A-27A-37.2
Postmortem examination by county coroner.
Section
23A-27A-37.3
Autopsy.
Section
23A-27A-38
Repealed.
Section
23A-27A-39
Interment of body unless claimed by relative.
Section
23A-27A-40
Repealed.
Section
23A-27A-40.1
Certificate of execution.
Section
23A-27A-41
Repealed.
Section
23A-27A-42
Death penalty prohibited for defendant younger than eighteen when offense committed.
Section
23A-27A-43
Immunity of persons participating and cooperating in execution.
Section
23A-27A-44
Effect of amendment and repeal of sections.