The bill proposes the repeal of capital punishment in South Dakota by amending existing law regarding felony classifications and their associated penalties. Specifically, it removes the possibility of a death sentence for Class A felonies, which will now carry a maximum penalty of life imprisonment. The bill also introduces new provisions stating that any defendant charged with a crime that could result in a death sentence, and who has not been convicted by July 1, 2025, cannot be sentenced to death.
Additionally, the bill clarifies that it does not affect any death sentences that have already been imposed prior to July 1, 2025, meaning those sentences will remain in effect regardless of any ongoing legal challenges. This ensures that the repeal of capital punishment will not retroactively alter the status of existing death sentences. Overall, the legislation aims to eliminate the death penalty while maintaining the integrity of previously imposed sentences.
Statutes affected: Introduced, 01/29/2025: 22-6-1