State of South Dakota
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EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013
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491U0384
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SENATE BILL NO. 39
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Introduced by: The Committee on Judiciary at the request of the Office of the Attorney
General
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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.