AMENDMENT FOR PRINTED BILL
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___________________ moved that HB 1175 be amended as follows:

     On page 2, after line 16 of the printed bill, insert:

"      Section 3. There is established the South Dakota Death Penalty Study Commission. The commission shall study all aspects of the death penalty as currently administered in the State of South Dakota, including the following issues:

             (1)    Which methods of and protocol for execution have the least risk of morally or legally unacceptable complications;
             (2)    Whether the death penalty rationally serves a legitimate purpose such as deterrence or healing the families of victims;
             (3)    Whether public safety can be adequately protected by the punishment of life in prison, and if not what additional measures are necessary to protect public safety;
             (4)    Whether, in order to insure public safety, it is necessary to restrict the Governor's ability to commute life sentences;
             (5)    Whether there is a significant difference between the cost of the death penalty from indictment to execution and the cost of life in prison;
             (6)    Whether the selection of defendants in South Dakota for capital trials is arbitrary, unfair, or discriminatory in any way;
             (7)    Whether the state's interest in executing some of those who are guilty of capital crimes is sufficiently compelling that the risk of irreversible mistake is acceptable; and
             (8)    Whether the death penalty is consistent with evolving standards of decency.

     Section 4. The commission shall be composed of fourteen members. Appointments shall reflect the diversity of the population of South Dakota. Members shall be appointed as follows:

             (1)    Four members appointed by the Governor, at least two of whom shall be appointed from the religious and ethical community in South Dakota;
             (2)    Two members appointed by the president pro tempore of the Senate. The members shall be members of the Senate and may not be members of the same political party;
             (3)    Two members appointed by the speaker of the House of Representatives. The members shall be members of the House of Representatives and may not be members of the same political party;
             (4)    The Minnehaha County public defender or a designee;
             (5)    The Pennington County public defender or a designee;
             (6)    The attorney general or a designee;
             (7)    The president of the South Dakota State Bar Association or a designee;
             (8)    One member appointed by the State's Attorneys' Association of South Dakota; and
             (9)    A family member of a victim appointed by the Governor.

Members shall be appointed within thirty days of the effective date of this Act. Any vacancy in the membership shall be filled in the same manner as the original appointment.

     Section 5. The commission is under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee. The commission shall prepare a report detailing its findings, which shall include any proposals for legislation it deems advisable. The commission shall submit the report to the Governor and Legislature no later than December 1, 2007.

     Section 6. Beginning on the effective date of this Act, if a defendant has been sentenced to death pursuant to South Dakota law, the sentence of death may not be executed before July 1, 2008.".