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State of South Dakota
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NINETY-FIRST SESSION LEGISLATIVE ASSEMBLY, 2016 |
| 585X0136 | SENATE JUDICIARY ENGROSSED NO. SB 79 - 02/04/2016 |
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Introduced by: Senators Peters, Bradford, Brown, Cammack, Ewing, Fiegen, Frerichs,
Haverly, Heinert, Holien, Novstrup (David), Omdahl, Rusch, Tidemann, and
White and Representatives Hunhoff (Jean), Anderson, Cronin, Dryden,
Hawks, Hawley, Johns, Partridge, Romkema, Rounds, and Willadsen
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FOR AN ACT ENTITLED, An Act to expand the list of professionals authorized to perform
certain examinations required for a plea of guilty but mentally ill.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-7-16 be amended to read:
23A-7-16. In addition to the requirements of §§ 23A-7-4 and 23A-7-5, if a defendant charged with a felony pleads guilty but mentally ill, the court may not accept the plea until the defendant has been examined by a licensed psychiatrist or a court-approved licensed psychologist and the court has examined thepsychiatric reports. The court shall hold a hearing
on the defendant's mental condition and, if there is a factual basis on which the court can
conclude that the defendant was mentally ill at the time of the offense, the plea shall be
accepted.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-7-16 be amended to read:
23A-7-16. In addition to the requirements of §§ 23A-7-4 and 23A-7-5, if a defendant charged with a felony pleads guilty but mentally ill, the court may not accept the plea until the defendant has been examined by a licensed psychiatrist or a court-approved licensed psychologist and the court has examined the
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100 copies were printed on recycled paper by the South Dakota Legislative Research Council at a cost of $.161 per page. |
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Insertions into existing statutes are indicated by underscores. Deletions from existing statutes are indicated by |
