State of South Dakota
|
SEVENTY-SECOND
SESSION
LEGISLATIVE ASSEMBLY, 1997 |
391A0010 |
SENATE BILL
NO.
15
|
Introduced by: Senator Whiting and Representatives Belatti, Brooks, DeMersseman, Duniphan, Haley, and Koetzle at the request of the Interim Criminal Code Revision Committee |
FOR AN ACT ENTITLED, An Act
to revise the penalties for certain felony convictions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: Section 1. That § 22-6-1 be amended to read as follows:
22-6-1. Except as otherwise provided by law, felonies are divided into the following eight classes which are distinguished from each other by the respective maximum penalties hereinafter set forth which are authorized upon conviction:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: Section 1. That § 22-6-1 be amended to read as follows:
22-6-1. Except as otherwise provided by law, felonies are divided into the following eight classes which are distinguished from each other by the respective maximum penalties hereinafter set forth which are authorized upon conviction:
(1) Class A felony: death or life imprisonment in the state penitentiary.
A lesser sentence
than death or life imprisonment may not be given for a Class A felony
In addition,
a fine of two hundred fifty thousand dollars may be imposed
;
(2) Class B felony: life imprisonment in the state penitentiary.
A lesser sentence may not
be given for a Class B felony
In addition, a fine of one hundred thousand dollars may
be imposed
;
(3) Class 1 felony:
life
seventy-five years
imprisonment in the state penitentiary. In
addition, a fine of
twenty-five
fifty
thousand dollars may be imposed;
(4) Class 2 felony: twenty-five years imprisonment in the state penitentiary. In addition,
a fine of twenty-five thousand dollars may be imposed;
(5) Class 3 felony: fifteen years imprisonment in the state penitentiary. In addition, a fine
of fifteen thousand dollars may be imposed;
(6) Class 4 felony: ten years imprisonment in the state penitentiary. In addition, a fine
of ten thousand dollars may be imposed;
(7) Class 5 felony: five years imprisonment in the state penitentiary. In addition, a fine
of five thousand dollars may be imposed; and
(8) Class 6 felony: two years imprisonment in the state penitentiary or a fine of two
thousand dollars, or both.
The court, in imposing sentence on a defendant who has been found guilty of a felony, may
order in addition to the sentence that is imposed pursuant to the provisions of this section, that
the defendant make restitution to any victim in accordance with the provisions of chapter
23A-28.
Nothing in this section
shall limit
limits
increased sentences for habitual criminals under
§
§
22-7-7 and 22-7-8.
Except in cases where punishment is prescribed by law, every offense declared to be a
felony and not otherwise classified is a Class 6 felony.
Section 2. That § 23A-20-20 be amended to read as follows:
23A-20-20. If an offense charged is
a Class A, Class B, or Class 1 felony
punishable by
death or life imprisonment
, the prosecution and the defense each have twenty peremptory
challenges. In all other felony cases, the prosecution and the defense each have ten peremptory
challenges. In misdemeanor cases, the prosecution and the defense each have three peremptory
challenges.
Section 2. That § 23A-20-20 be amended to read as follows:
23A-20-20. If an offense charged is