State of South Dakota
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EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013
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491U0384
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HOUSE JUDICIARY ENGROSSED NO. SB 39 - 02/20/2013
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This bill has been extensively amended (hoghoused) and may no longer be consistent
with the original intention of the sponsor.
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 § 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 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.
If the defendant is under the age of eighteen years at the time of the offense and found guilty
of a Class A or B felony, the maximum sentence may be life imprisonment in the state
penitentiary. In addition, 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 2. That § 23A-27-1 be amended to read as follows:
23A-27-1. Sentences shall 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 conduct a presentence hearing. At such hearing, the court
shall allow the defense counsel an opportunity to speak on behalf of the defendant and shall
address the defendant personally and ask him if he wishes to make a statement in his 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 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.