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SD HB1268

Bill

Official Source

Status

Introduced

2/4/2026

Primary Sponsor

Helene Duhamel

Click for details

Origin

House of Representatives

2026 Regular Session

AI Summary

  • Eliminates Class A felony (death penalty) from South Dakota's felony classification system, reducing the number of felony classes from nine to eight
  • Reclassifies first-degree murder from a Class A felony to a Class B felony, making mandatory life imprisonment the maximum penalty instead of death
  • Prohibits death sentences for defendants charged with capital crimes who have not been convicted and sentenced prior to July 1, 2026
  • Preserves existing death sentences imposed before July 1, 2026, explicitly stating the Act does not alter, mitigate, or suspend those executions regardless of pending appeals
  • Updates multiple criminal code sections to remove references to Class A felonies, including provisions on criminal attempts, solicitation, jury selection, juvenile transfers, and statutes of limitations

Legislative Description

Repeal capital punishment.

Criminal Procedure

Last Action

Judiciary Deferred to the 41st legislative day, Passed, YEAS 10, NAYS 1.

2/18/2026

Committee Referrals

Judiciary2/4/2026

Full Bill Text

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