South Dakota Codified Laws
Chapter 27A - Capital Punishment
Section 23A-27A-31.2 - Confidentiality of identity of person or entity supplying or administering intravenous injection substance--Violation as misdemeanor.

23A-27A-31.2. Confidentiality of identity of person or entity supplying or administering intravenous injection substance--Violation as misdemeanor.
The name, address, qualifications, and other identifying information relating to the identity of any person or entity supplying or administering the intravenous injection substance or substances under chapter 23A-27A are confidential. Disclosure of the foregoing information may not be authorized or ordered. Disclosure of confidential information pursuant to this section concerning the execution of an inmate under chapter 23A-27A is a Class 1 misdemeanor.

Source: SL 2008, ch 117, §25; SL 2013, ch 113, §1.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 27A - Capital Punishment

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-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-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-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-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-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-39 - Interment of body unless claimed by relative.

Section 23A-27A-40.1 - Certificate of execution.

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.