FOR AN ACT ENTITLED, An Act to establish a penalty for a juvenile convicted as an adult of a Class A or B felony and allow a sentence of up to life imprisonment after a sentencing hearing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 22-6 be amended by adding thereto a NEW SECTION to read as follows:

    Notwithstanding subdivisions 22-6-1(1) and 22-6-1(2), a juvenile convicted as an adult of a Class A or Class B felony is subject to a maximum penalty of life imprisonment. In addition, a fine of fifty thousand dollars may be imposed. Prior to imposing a sentence the court shall conduct a presentence hearing. The hearing shall be conducted to hear additional evidence in mitigation and aggravation of punishment. At the hearing the court shall receive all relevant evidence, including:

            (1)    Evidence supporting any aggravating circumstances;

            (2)    Testimony regarding the impact of the crime on the victim's family;

            (3)    Any prior criminal or juvenile record of the defendant and such information about the

defendant's characteristics and the circumstances of the defendant's behavior as may be helpful in imposing sentence; and

            (4)    All evidence concerning any mitigating circumstances.