South Dakota § 23A-27A-26.3 - Procedures for determining intellectual disability of defendant.
Full text of South Dakota South Dakota Codified Laws § 23A-27A-26.3 — Procedures for determining intellectual disability of defendant., with citation guidance and answers to common questions.
§ 23A-27A-26.3. Procedures for determining intellectual disability of defendant.
Not later than ninety days before the commencement of trial, the defendant may upon a motion alleging reasonable cause to believe the defendant was intellectually disabled at the time of the commission of the offense, apply for an order directing that an intellectual disability hearing be conducted before trial. If, upon review of the defendant's motion and any response to the defendant's motion, the court finds reasonable cause to believe the defendant was intellectually disabled, the court shall promptly conduct a hearing without a jury to determine whether the defendant was intellectually disabled. If the court finds after the hearing that the defendant was not intellectually disabled at the time of the commission of the offense, the court shall, before commencement of trial, enter an order stating the court's finding. Nothing in this paragraph precludes the defendant from presenting mitigating evidence of an intellectual disability at the sentencing phase of the trial. If the court finds after the hearing that the defendant established an intellectual disability by a preponderance of the evidence, the court shall before commencement of trial, enter an order stating the court's finding. Unless the order is reversed on appeal, a separate sentencing proceeding under this section may not be conducted if the defendant is thereafter convicted of murder in the first degree. If a separate sentencing proceeding is not conducted, the court, upon conviction of a defendant for the crime of murder in the first degree, shall sentence the defendant to life imprisonment.
Source: SL 2000, ch 112, § 3; SL 2018, ch 148, § 3.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 23A-27A-26.3
What does South Dakota Codified Laws § 23A-27A-26.3 cover?
Section 23A-27A-26.3 ("Procedures for determining intellectual disability of defendant.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 23A-27A-26.3?
A common citation format is "South Dakota Codified Laws § 23A-27A-26.3" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 23A-27A-26.3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.