Criminal Justice (Sentencing)

HB 1268 would repeal South Dakota's death penalty by removing it as a sentencing option for Class A felonies, including first-degree murder. The bill directly affects individuals convicted of capital offenses, replacing the death penalty with life imprisonment as the maximum sentence. Key provisions amend sections of the criminal code (specifically §§ 22-6-1, 22-16-12, and others) to eliminate the death penalty from Class A felony sentencing and adjust felony classifications accordingly. This change would apply to all future cases, meaning convicted individuals would no longer face execution as a possible penalty for the most serious crimes.

HB 1214 requires South Dakota courts to consider a defendant's history of abuse as a mitigating factor during sentencing for certain crimes. To qualify, defendants must provide documented evidence (such as court records, hospital reports, or protective orders) proving the abuse was a substantial factor in their offense. If approved, sentences are reduced: life without parole becomes a maximum of 35 years, life with parole becomes a maximum of 30 years, and fixed terms are reduced by at least one-third. The law excludes Class A felonies, sex offenses, and related attempts, and allows retroactive resentencing for cases before July 1, 2026.

HB 1126 revises South Dakota's penalties for repeat driving under the influence (DUI) offenses. It targets individuals with five or more prior DUI convictions within 15 years (down from 25 years), requiring a mandatory minimum six-year prison sentence for a sixth or subsequent offense, with at least one year on parole. The bill mandates specific monitoring tools like ignition interlocks or alcohol bracelets during supervision and extends driver's license revocation periods, with limited exceptions for employment or medical needs after completing treatment. These changes apply directly to repeat DUI offenders meeting the revised conviction thresholds.

SB 139 revises South Dakota law to clarify transportation requirements for inmates being discharged from correctional facilities. It requires correctional facilities to provide transportation to a location chosen by the inmate from three options: the county where the inmate lived at the time of the offense, the county where they received their sentence, or any location at the same distance as the closer of those two counties (based on mileage). This change gives inmates more flexibility in selecting a release location while ensuring transportation is provided to a reasonably accessible place near their previous residence or sentencing location. The bill directly affects inmates released from South Dakota correctional facilities under parole, suspended sentences, or final discharge.

HB 1031 revises South Dakota's rape offense definitions and increases penalties, primarily affecting victims under 13 and perpetrators convicted of sexual crimes against minors. It adds new circumstances to rape definitions (e.g., victim incapacity due to intoxication) and establishes a 15-year minimum sentence for first offenses involving victims under 13. The bill also removes the statute of limitations for rape cases involving victims under 13 or using force/coercion, allowing charges to be filed until the victim turns 25. These changes directly impact criminal sentencing for sexual offenses and extend legal accountability for certain victims.