Title 23A — CRIMINAL PROCEDURE

Following the death of the defendant by execution, the body may be subject to an autopsy pursuant to § 24-1-27 and chapter 23-14 . Any final autopsy report shall be annexed to and filed with the certificate of execution mentioned in §

23A-27A-39 Interment of body unless claimed by relative. 23A-27A-40

After the postmortem examination and any autopsy, the body of the defendant, unless claimed by some relative, shall be interred in a cemetery within the county where the state correctional facility is situated. Source: SL 1939, ch 135 , § 13; SL 1939, ch 136 ; SDC Supp 1960, § 34…

If, upon a trial by jury, a person is convicted of a Class A felony, a sentence of death shall not be imposed unless the jury verdict at the presentence hearing includes a finding of at least one aggravating circumstance and a recommendation that such sentence be imposed. If an a…

23A-27A-40.1 Certificate of execution. 23A-27A-41

The warden or corrections official attending and in charge of the execution shall prepare and sign a certificate of execution setting forth the date, time, place, and manner of execution, and that the defendant was executed in conformity to the judgment of the court and the provi…

23A-27A-42 Death penalty prohibited for defendant younger than eighteen when offense committed. 23A-27A-43 Immunity of persons participating and cooperating in execution. 23A-27A-44 Effect of amendment and repeal of sections.

The penalty of death may not be imposed upon any defendant for any offense committed when the defendant was less than eighteen years of age. Source: SL 2004, ch 166 , § 1.

Any person or party participating in good faith in the execution of an inmate under this chapter is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity for participation in any judicial proceeding resulting from the…

As to any defendant who has been sentenced to death and who is awaiting execution prior to July 1, 2008, the amendment and repeal of existing sections and enactment of new sections in this chapter do not impair or affect any act done, offense committed, or right accruing, accrued…

The jury, if its verdict is a recommendation of death, shall designate in writing, signed by the foreman of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. Upon the findings of the jury, the judge shall fix a sentence of death. So…

In nonjury cases the judge shall, after conducting the presentence hearing as provided in § 23A-27A-2 , designate, in writing, the aggravating circumstance or circumstances, if any, which he found beyond a reasonable doubt. Unless at least one of the statutory aggravating circums…

Upon a verdict or judgment of death made by a jury or a judge, the judge presiding at the trial shall sentence the convicted person to death and make the sentence in writing. The judgment of death shall be filed with the papers in the case against the convicted person and certifi…

The Supreme Court shall accumulate the records of all capital felony cases that the court deems appropriate. The court may employ an appropriate staff and such methods to compile the data as are deemed by the Chief Justice to be appropriate and relevant to the statutory questions…

If the death penalty is imposed, and if the judgment becomes final in the trial court, the sentence shall be reviewed on the record by the South Dakota Supreme Court. The clerk of the trial court, within ten days after receiving the transcript, shall transmit the entire record an…