2007 Session Laws Chapter 152

ENTITLED, An Act to repeal the requirement for physician involvement in the execution of a sentence of death by eliminating certain specified roles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. That § 23A-27A-34 be amended to read as follows:

23A-27A-34. The warden of the penitentiary shall request, by at least two days' previous notice, the presence of the attorney general, the trial judge before whom the conviction was had or ~~his~~ the judge's successor in office, the state's attorney and sheriff of the county where the crime was committed, and not more than ten reputable adult citizens, including at least one member of the news media, to be selected by the warden at the execution. ~~The warden shall also arrange for the attendance of the prison physician and two other licensed physicians of this state.~~ The warden shall arrange for the attendance of ~~such~~ any prison guards and ~~peace~~ law enforcement officers ~~as he may deem~~ the warden deems proper.

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 That § 23A-27A-38 be repealed.

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 .