This bill proposes the repeal of capital punishment in South Dakota, amending various sections of the law to eliminate references to the death penalty. Key changes include the removal of the classification of murder in the first degree as a Class A felony, which previously carried a death sentence, and the reclassification of such offenses to Class B felonies. Additionally, the bill stipulates that any defendant charged with a crime that could result in a death sentence but not yet convicted by July 1, 2026, cannot be sentenced to death.

The bill also makes several amendments to existing laws regarding felony classifications and penalties, including the restructuring of felony classes and their corresponding maximum penalties. For instance, the language surrounding criminal solicitation and the definitions of felony classes have been updated for clarity. Furthermore, the bill ensures that existing death sentences imposed before July 1, 2026, remain unaffected, maintaining the status quo for those cases despite the repeal of capital punishment for future offenses.

Statutes affected:
Introduced, 02/03/2026: 22-4-1, 22-4A-1, 22-6-1, 22-16-12, 23A-10A-15, 23A-20-20, 23A-27-1, 23A-27A-14, 23A-42-1, 26-11-3.1