South Dakota Senate Bill SB119

South Dakota 2025 Regular Session

• Introduced: 1/29/25
• Refer: 1/30/25

Caption

Repeal capital punishment.

Summary

SB119 would repeal capital punishment in South Dakota. It amends the state’s felony sentencing statute to remove death as a possible punishment for Class A felonies and instead leave life imprisonment as the maximum penalty for the most serious felony class. The bill also states that a defendant charged with a death-eligible crime who has not been convicted and sentenced to death before July 1, 2025, may not be sentenced to death. The bill further provides that it does not affect any death sentence imposed before July 1, 2025. Existing death sentences would remain in place, and the measure expressly says it does not create any cause of action to challenge, alter, mitigate, or suspend those sentences, even if appellate litigation is ongoing. In practical terms, the bill would end future use of the death penalty while preserving prior sentences already entered.

Impact

If enacted, SB119 would revise § 22-6-1 to eliminate death as an authorized punishment for Class A felonies and would effectively end capital sentencing for future cases in South Dakota. It would also limit the reach of chapter 23A-27A, the state’s capital punishment procedures, by barring death sentences for defendants not already sentenced to death before the bill’s effective date. The measure would leave existing death sentences untouched and would not change restitution, habitual offender enhancements, or other felony sentencing provisions.

Sentiment

The available voting history suggests the bill has support but not unanimous backing: it was deferred to the 41st legislative day by a 4-3 vote, indicating a divided committee. With no committee transcript available, the broader discussion record is limited, but the bill’s caption and structure indicate it is a straightforward abolition measure rather than a broader criminal justice overhaul. The narrow vote suggests the issue is politically and policy-wise contested.

Contention

The main point of contention is whether South Dakota should abolish the death penalty entirely for future cases. Supporters are likely focused on ending capital punishment prospectively while preserving finality for existing sentences, while opponents are likely concerned about retaining the death penalty as a sentencing option for the most serious crimes. The bill’s explicit grandfathering of pre-July 1, 2025 death sentences may also be significant to both sides, because it avoids reopening existing cases while still changing future sentencing law.