SB71 prevents South Dakota from executing people who have severe mental illness, adding a new protection to the state's capital punishment laws. Currently, state law allows execution of defendants with mental illness if they understand their punishment and why it's being imposed; this bill removes that option entirely for those with severe mental illness. The change aligns South Dakota with evolving standards about executing people with serious psychiatric conditions.
This bill does not directly amend codified state law.
Senate Do Pass Failed, YEAS 12, NAYS 21. S.J. 372
Judiciary Do Pass Passed, YEAS 5, NAYS 2. S.J. 363
Judiciary Reconsidered
Senate Recalled from committee (Rule 7-7) Senate Judiciary S.J. 330
Judiciary Deferred to the 41st legislative day Passed, YEAS 4, NAYS 3. S.J. 299
Judiciary Scheduled for hearing
First read in Senate and referred to Senate Judiciary S.J. 155
Arthur Rusch
Prime sponsor · Sen.
R
Timothy Johns
Prime sponsor · Rep.
R
Cosponsors
Do Pass
Judiciary — Do Pass
Judiciary — Deferred to the 41st legislative day