Mitigating and aggravating circumstances considered by judge or jury.
Presentence hearing required--Relevant evidence.
Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury.
Aggravating circumstance and recommendation of death penalty required for Class
A felony death sentencing--Life imprisonment--Bench trial or guilty plea.
Written designation of aggravating circumstances required.
Designation by judge in nonjury cases--At least one aggravating circumstance
required for death penalty imposition.
Sentence of death--Copies of judgment provided to officials.
Accumulation of prior capital felony records by Supreme Court--Staff and
Review by Supreme Court required when death penalty imposed--Procedure.
Sentence review consolidated with direct appeal--Decision.
Procedure on appeal from capital punishment case--Briefs--Oral argument.
Factors reviewed by Supreme Court regarding sentence.
Reference to similar cases to be included in decision--Death sentence affirmed or
set aside--Similar-case records provided to resentencing judge.
Life imprisonment when death penalty held unconstitutional.
Warrant of death sentence and execution--Time of execution.
Delivery of defendant with warrant to penitentiary.
Date and time of execution--Warden to make public announcement.
Investigation by Governor.
Reprieve or suspension of sentence by Governor during investigation.
Power to reprieve or suspend sentence limited to Governor--Exception.
Mental incompetence of defendant--Notice to Governor, secretary of corrections,
and sentencing court.
Hearings and examinations regarding mental competence of defendant--Change in
Video tape record of psychiatric examination.
Counsel for defendant--Rights afforded at hearing.
Defendant incompetent to be executed--Suspension of sentence--Confinement--Periodic review.
Defendant mentally competent to be executed--Warrant of death sentence and
execution--Time of execution.
Death penalty not to be imposed on person mentally retarded when crime
Mental retardation defined.
Procedures for establishing mental retardation of defendant.
Appeal by state.
Examination of defendant by state--Videotaped recording--Defendant's statements
inadmissible except as to mental retardation.
Applicability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive.
Inseparability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive.
Pregnancy of defendant--Examination--Report.
Suspension of sentence if defendant pregnant.
Defendant no longer pregnant--Execution warrant issued.
Warrant appointing new time for execution issued by sentencing court if defendant
not executed within original time period.
Segregation of defendant from other inmates--Access to defendant by others
Confidentiality of identity of person or entity supplying or administering
intravenous injection substance--Violation as misdemeanor.
Place and manner of execution--Qualifications to administer intravenous injection--Substances dispensed to warden without prescription.
Execution of persons convicted before July 1, 2007--Choice of manner of
Place for persons and equipment provided at penitentiary.
Attendance at execution by attorney general, sentencing judge, state's attorney,
sheriff, representatives of victim, news media, and additional citizens approved by
Attendance at execution by person trained to pronounce death, corrections staff,
and law enforcement officers.
Witnesses permitted to defendant at execution.
Other persons not permitted to attend.
Secrecy of execution time--Disclosure as misdemeanor.
Disability of warden--Appointment of deputy or other officer.
Postmortem examination by county coroner.
Interment of body unless claimed by relative.
Certificate of execution.
Death penalty prohibited for defendant younger than eighteen when offense
Immunity of persons participating and cooperating in execution.
Effect of amendment and repeal of sections.