Changes to Existing Law

33 22-16-12. Murder in the first degree is a Class A felony. Murder in the and second degree is a Class B felony.

Unless specific provision is made by law, any person who attempts to commit a crime and, in the attempt, does any act toward the commission of the crime, but fails or is prevented or intercepted in the perpetration of that crime, is punishable for the attempt at a maximum sentence of one-half of the penalty prescribed for the underlying crime. Unless specific provision is made by law, any person who attempts to commit a Class A, Class B, or Class C felony is guilty of a Class 2 felony.

23 22-6-1. Except as otherwise provided by law, felonies are divided into the following nine classes, which are distinguished from each other by the following maximum penalties which that are authorized upon conviction: (1) Class A felony: death or life imprisonment in a state correctional facility. A lesser sentence than death or life imprisonment may not be given for a Class A felony. In addition, a fine of fifty thousand dollars may be imposed; (2) Class B felony: life imprisonment in a state correctional facility. A lesser sentence may not be given for a Class B felony. In addition, a fine of fifty thousand dollars may be imposed; (3)(2) Class C felony: life imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed; (4)(3) Class 1 felony: fifty years imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed; (5)(4) Class 2 felony: twenty-five years imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed; (6)(5) Class 3 felony: fifteen years imprisonment in a state correctional facility. In addition, a fine of thirty thousand dollars may be imposed; (7)(6) Class 4 felony: ten years imprisonment in a state correctional facility. In addition, a fine of twenty thousand dollars may be imposed; (8)(7) Class 5 felony: five years imprisonment in a state correctional facility. In addition, a fine of ten thousand dollars may be imposed; and (9)(8) Class 6 felony: two years imprisonment in a state correctional facility or a fine of four thousand dollars, or both. If the defendant is under the age of eighteen years at the time of the offense and found guilty of a Class A, B, or C felony, the maximum sentence may be a term of years in a state correctional facility, and a fine of fifty thousand dollars may be imposed. The court, in imposing sentence on a defendant who has been found guilty of a felony, shall order in addition to the sentence that is imposed pursuant to the provisions of this section, that the defendant make restitution to any victim in accordance with the provisions of chapter 23A-28. Nothing in this section limits increased sentences for habitual criminals under §§ 22-7-7, 22-7-8, and 22-7-8.1.

Any delinquent child sixteen years of age or older against whom Class A, a Class B, Class C, Class 1, or Class 2 felony charges have charge has been filed shall must be tried in circuit court as an adult. However, the The child may request a transfer hearing which shall be, conducted pursuant to § 26-11-4, to determine if it is in the best interest of the public that the child be tried in circuit court as an adult. In such a the transfer hearing, there is a rebuttable presumption that it is in the best interest of the public that any child, sixteen years of age or older, who is charged with a Class A, Class B, Class C, Class 1, or Class 2 felony, shall must be tried as an adult. Section 11. Notwithstanding chapter 23A-27A, a defendant who has been charged with a crime carrying an authorized punishment of death but who has not yet been convicted and sentenced to death prior to July 1, 2026, may not be sentenced to death. Section 12. Nothing in this Act alters, mitigates, or suspends the execution of any death sentence initially imposed prior to July 1, 2026, regardless of any appellate litigation resulting 30 from the death sentence. Nothing in this Act gives rise to any cause of action to alter, mitigate, or suspend the execution of any death sentence initially imposed prior to July 1, 2026, regardless of any appellate litigation resulting from the death sentence. 3