State of South Dakota
|
EIGHTY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2007 |
508N0620 |
SENATE BILL
NO.
161
|
Introduced by:
Senators Jerstad, Bartling, Katus, Kloucek, Koetzle, and Nesselhuf and
Representatives Thompson, Burg, Elliott, Glenski, and Lucas
|
FOR AN ACT ENTITLED, An Act to
repeal the death penalty and commute certain death
sentences to life imprisonment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § § 23A-27A-1 to 23A-27A-42 , inclusive, be repealed.
Section 2. Any court having jurisdiction over a person previously sentenced to death for a Class A felony shall have such person brought before the court, and the court shall sentence such person to life imprisonment.
Section 3. 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 nine classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § § 23A-27A-1 to 23A-27A-42 , inclusive, be repealed.
Section 2. Any court having jurisdiction over a person previously sentenced to death for a Class A felony shall have such person brought before the court, and the court shall sentence such person to life imprisonment.
Section 3. 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 nine classes which are distinguished from each other by the following maximum penalties 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
fifty
seventy-five
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 fifty thousand dollars may be
imposed;
(3)
Class C felony: life imprisonment in the state penitentiary. In addition, a fine of fifty
thousand dollars may be imposed;
(4)
Class 1 felony: fifty years imprisonment in the state penitentiary. In addition, a fine
of fifty thousand dollars may be imposed;
(5)
Class 2 felony: twenty-five years imprisonment in the state penitentiary. In addition,
a fine of fifty thousand dollars may be imposed;
(6)
Class 3 felony: fifteen years imprisonment in the state penitentiary. In addition, a fine
of thirty thousand dollars may be imposed;
(7)
Class 4 felony: ten years imprisonment in the state penitentiary. In addition, a fine of
twenty thousand dollars may be imposed;
(8)
Class 5 felony: five years imprisonment in the state penitentiary. In addition, a fine
of ten thousand dollars may be imposed; and
(9)
Class 6 felony: two years imprisonment in the state penitentiary or a fine of four
thousand dollars, or both.
The court, in imposing sentence on a defendant who has been found guilty of a felony, shall
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 limits increased sentences for habitual criminals under §§ 22-7-7,
22-7-8, and 22-7-8.1.