South Dakota § 23A-27A-2 Presentence hearing required--Relevant evidence.

South Dakota Statutes

§ 23A-27A-2 — Presentence hearing required--Relevant evidence.

South Dakota § 23A-27A-2

Title 23ACRIMINAL PROCEDURE

Ch. 23A-26CAPITAL PUNISHMENT

This text of South Dakota § 23A-27A-2 (Presentence hearing required--Relevant evidence.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 23A-27A-2 (2026).

Text

In all cases in which the death penalty may be imposed and which are tried by a jury, upon a return of a verdict of guilty by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. Such hearing shall be conducted to hear additional evidence in mitigation and aggravation of punishment. At such hearing the jury shall receive all relevant evidence, including:

(1)Evidence supporting any of the aggravating circumstances listed under § 23A-27A-1 ;

(2)Testimony regarding the impact of the crime on the victim's family;

(3)Any prior criminal or juvenile record of the defendant and such information about the defendant's characteristics, the defendant's financial condition, and the circumstances of the defendant's behavior as may be helpful in imposi

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In all cases in which the death penalty may be imposed and which are tried by a jury, upon a return of a verdict of guilty by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. Such hearing shall be conducted to hear additional evidence in mitigation and aggravation of punishment. At such hearing the jury shall receive all relevant evidence, including: (1) Evidence supporting any of the aggravating circumstances listed under § 23A-27A-1 ; (2) Testimony regarding the impact of the crime on the victim's family; (3) Any prior criminal or juvenile record of the defendant and such information about the defendant's characteristics, the defendant's financial condition, and the circumstances of the defendant's behavior as may be helpful in imposing sentence; (4) All evidence concerning any mitigating circumstances.