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Read. Follow. Verify.South Dakota House Bill 1268 Proposes Repeal of Capital Punishment
Last action · February 18, 2026: Deferred to the 41st legislative daySponsors: Helene Duhamel and 12 others
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What This Bill Proposed
South Dakota House Bill 1268 prohibits the imposition of the death penalty for defendants charged with crimes carrying capital punishment who have not been sentenced prior to July 1, 2026, while removing death as an authorized punishment for Class A felonies. The measure restructures felony classifications by removing death sentences and reclassifying first and second-degree murder penalties.
The bill changes the maximum authorized sentence for future capital cases in the state by replacing the death penalty with life imprisonment, while expressly preserving existing death sentences imposed before July 1, 2026.
- South Dakota law has historically authorized the death penalty for certain Class A felonies such as first-degree murder under specific aggravating circumstances. context
Who It Would Have Affected
Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.
defendants facing capital charges
Defendants who have not been sentenced prior to July 1, 2026, may not receive the death penalty.
state correctional facilities
Key Facts
- HB 1268 repeals capital punishment for future cases by eliminating the death penalty option from Class A felonies.
- Defendants charged with a crime carrying an authorized punishment of death but not yet convicted and sentenced prior to July 1, 2026, may not be sentenced to death.
- The act does not alter, mitigate, or suspend the execution of any death sentence initially imposed prior to July 1, 2026.
- Felony classifications are reorganized by removing Class A felony death sentences, leaving life imprisonment as the penalty for Class A and Class B felonies.
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- Murder in the first degree is designated as a Class A felony and murder in the second degree as a Class B felony under amended statute 22-16-12.
- Peremptory challenges for Class A, Class B, Class C, and Class 1 felonies remain set at twenty for both prosecution and defense.
Frequently Asked Questions
Does this bill affect people currently on death row in South Dakota?
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Votes, people, money & the original sourceWhere This Stands
This bill did not become law - Died at adjournment · in House committee.
Procedural history
3 actions- Feb 18, 2026HouseDeferred to the 41st legislative day
- Feb 18, 2026HouseScheduled for hearing
- Feb 4, 2026HouseIntroducedFirst read in House and referred to
Version history
Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.
View official text →Lobbying Activity
No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.
Full breakdown
Who this bill affects and the strongest case for and against it, written only from the bill’s own text.
Sponsors
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Discoveries
Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.
Abolition of Capital Punishment Structure
The bill systematically removes references to the death penalty across multiple sections of South Dakota criminal code, replacing capital punishment with life imprisonment for Class A felonies.
Connected Entities
Sources
sdlegislature.gov
Analysis Score
0–100- Significance20Lowered because this bill did not pass (its text scored 80)
- Controversy90Intensity of disagreement among stakeholders
- Entertainment10Compellingness for a non-policy-wonk reader
- Buzz65Current news / social attention level
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