An Act to repeal capital punishment.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 22-4-1 be AMENDED:

22-4-1. Unless specific provision is made by law, any person who attempts to commit a crime and, in the attempt, does any act toward the commission of the crime, but fails or is prevented or intercepted in the perpetration of that crime, is punishable for the attempt at a maximum sentence of one-half of the penalty prescribed for the underlying crime. Unless specific provision is made by law, any person who attempts to commit a Class A, Class B, or Class C felony is guilty of a Class 2 felony.

Section 2. That § 22-4A-1 be AMENDED:

22-4A-1. Any person who, with the intent to promote or facilitate the commission of a crime, commands, hires, requests, or solicits another person to engage in specific conduct which that would constitute the commission of such the offense or an attempt to commit such the offense, is guilty of criminal solicitation.

Criminal solicitation is a:

(1) Class 1 felony if the offense solicited is a Class A, B or C felony;

(2) Class 2 felony if the offense solicited is a Class 1 felony;

(3) Class 3 felony if the offense solicited is a Class 2 felony;

(4) Class 4 felony if the offense solicited is a Class 3 felony;

(5) Class 5 felony if the offense solicited is a Class 4 felony;

(6) Class 6 felony if the offense solicited is a Class 5 felony; or

(7) Class 1 misdemeanor if the offense solicited is a Class 6 felony.

Section 3. That § 22-6-1 be AMENDED:

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 that are authorized upon conviction:

(1) Class A felony: death or life imprisonment in a state correctional facility. A lesser sentence than death or life imprisonment may not be given for a Class A felony. In addition, a fine of fifty thousand dollars may be imposed;

(2) Class B felony: life imprisonment in a state correctional facility. A lesser sentence may not be given for a Class B felony. In addition, a fine of fifty thousand dollars may be imposed;

(3)(2) Class C felony: life imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed;

(4)(3) Class 1 felony: fifty years imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed;

(5)(4) Class 2 felony: twenty-five years imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed;

(6)(5) Class 3 felony: fifteen years imprisonment in a state correctional facility. In addition, a fine of thirty thousand dollars may be imposed;

(7)(6) Class 4 felony: ten years imprisonment in a state correctional facility. In addition, a fine of twenty thousand dollars may be imposed;

(8)(7) Class 5 felony: five years imprisonment in a state correctional facility. In addition, a fine of ten thousand dollars may be imposed; and

(9)(8) Class 6 felony: two years imprisonment in a state correctional facility or a fine of four thousand dollars, or both.

If the defendant is under the age of eighteen years at the time of the offense and found guilty of a Class A, B, or C felony, the maximum sentence may be a term of years in a state correctional facility, and a fine of fifty thousand dollars may be imposed.

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.

Section 4. That § 22-16-12 be AMENDED:

22-16-12. Murder in the first degree is a Class A felony. Murder in the and second degree is a Class B felony.

Section 5. That § 23A-10A-15 be AMENDED:

23A-10A-15. If the most serious charge against the defendant is a Class A, B, or C felony, the order shall must be for a term of years the court determines is reasonable or until the charges have been dismissed by the prosecution. The order may not exceed the maximum penalty allowable for the most serious charge facing the defendant. Upon expiration of the order of detention, the criminal charges against the defendant shall must be dismissed. If the prosecutor believes there is probable cause to believe that the defendant is a danger to self or to others at the time of dismissal, the prosecutor may file a petition in accordance with chapter 27A-10 or 27A-11A or title 27B, for further restoration to competency.

Every twelve months thereafter, the director of the approved facility shall must notify the court if the defendant is still in a restoration to competency program under the direction of an approved facility or in the approved facility pursuant to this chapter, and the circuit court shall must hold a hearing to review any order of detention to determine if the defendant has become competent to proceed.

Section 6. That § 23A-20-20 be AMENDED:

23A-20-20. If an offense charged is a Class A, Class B, Class C, or Class 1 felony, 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 7. That § 23A-27-1 be AMENDED:

23A-27-1. Sentences shall A sentence must be imposed without unreasonable delay, but not within forty-eight hours after determination of guilt. A defendant may waive the forty-eight hour delay. Before imposing a sentence, a court may order a hearing in mitigation or aggravation of punishment. If the defendant is a juvenile convicted as an adult of a Class A or Class B felony, prior to imposing a sentence, the court shall must conduct a presentence hearing. At such the hearing, the court shall allow the defense counsel an opportunity to speak on behalf of the defendant and shall address the defendant personally and to ask him if he the defendant wishes to make a statement in his the defendant's own behalf and to present any information in mitigation of punishment. The prosecuting attorney shall have an equivalent opportunity to speak to the court. The circumstances must be presented by the testimony of witnesses examined in open court, except that a witness' deposition of a witness may be taken by a magistrate in accordance with chapter 23A-12. In imposing a sentence, the court shall enter an order of restitution in accordance with chapter 23A-28.

Section 8. That § 23A-27A-14 be AMENDED:

23A-27A-14. In the event the death penalty for a Class A felony is held to be unconstitutional by the South Dakota Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a Class A felony shall have such the person brought before the court, and the court shall sentence such the person to life imprisonment.

Section 9. That § 23A-42-1 be AMENDED:

23A-42-1. There is no limitation on the time within which a prosecution for Class A, a Class B, or Class C felony must be commenced.

Section 10. That § 26-11-3.1 be AMENDED:

26-11-3.1. Any delinquent child sixteen years of age or older against whom Class A, a Class B, Class C, Class 1, or Class 2 felony charges have charge has been filed shall must be tried in circuit court as an adult. However, the The child may request a transfer hearing which shall be, conducted pursuant to § 26-11-4, to determine if it is in the best interest of the public that the child be tried in circuit court as an adult. In such a the transfer hearing, there is a rebuttable presumption that it is in the best interest of the public that any child, sixteen years of age or older, who is charged with a Class A, Class B, Class C, Class 1, or Class 2 felony, shall must be tried as an adult.

Section 11. Notwithstanding chapter 23A-27A, a defendant who has been charged with a crime carrying an authorized punishment of death but who has not yet been convicted and sentenced to death prior to July 1, 2026, may not be sentenced to death.

Section 12. Nothing in this Act alters, mitigates, or suspends the execution of any death sentence initially imposed prior to July 1, 2026, regardless of any appellate litigation resulting from the death sentence. Nothing in this Act gives rise to any cause of action to alter, mitigate, or suspend the execution of any death sentence initially imposed prior to July 1, 2026, regardless of any appellate litigation resulting from the death sentence.