State of South Dakota  
EIGHTY-SECOND SESSION
LEGISLATIVE ASSEMBLY,  2007
 

337N0621  
HOUSE BILL   NO.     1195  

Introduced by:     Representatives Thompson, Elliott, Gassman, Glenski, Lucas, and Wick and Senators Koetzle, Bartling, Katus, and Nesselhuf  


         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  That § §   23A-27A-1 to 23A-27A-42 , inclusive, be repealed.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:
             (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.