"      Section 2. That § 23A-27A-38 be repealed.

     23A-27A-38.   Immediately after the execution a post-mortem examination of the body of the defendant shall be made by the physicians present and they shall report in writing the result of their examination stating the nature thereof and the finding made, which report shall be annexed to the return mentioned in § 23A-27A-40 and filed therewith.

     Section 3. That § 23A-27A-39 be amended to read as follows:

     23A-27A-39.   After the post-mortem examination the The body of the defendant, unless claimed by some relative, shall be interred in a cemetery within the county where the penitentiary is situated.

     Section 4. That § 23A-27A-40 be amended to read as follows:

     23A-27A-40.   The warden or prison officer attending the execution and in charge thereof must of the execution shall immediately prepare and sign a certificate and return setting forth the time, place, and manner thereof of the execution , and that the defendant was then and there executed in conformity to the judgment of the court and the provisions of this chapter. He The warden or prison officer shall sign the certificate and return and shall also procure the same to be signed by all the persons present and witnessing the execution and shall thereupon cause file the certificate together with the certificate of the post-mortem examination mentioned in § 23A-27A-38 to be filed within ten days after the execution in the office of the clerk of the court where the trial and conviction of the defendant was had took place . ".

Moved by:    Rhoden
Second by:    Brunner

"      Section 1. There is established the South Dakota Death Penalty Study Commission. The commission shall study all aspects of the death penalty as currently administered in the State of South Dakota, including the following issues:

     Section 3. The commission is under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee. The commission shall prepare a report detailing its findings, which shall include any proposals for legislation it deems advisable. The commission shall submit the report to the Governor and Legislature no later than December 1, 2007.

     Section 4. Beginning on the effective date of this Act, if a defendant has been sentenced to death pursuant to South Dakota law, the sentence of death may not be executed before July 1, 2008."