South Dakota Codified Laws
Chapter 27A - Capital Punishment
Section 23A-27A-36 - Other persons not permitted to attend.

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.