South Dakota HB1268: repeal capital punishment.

What the bill says

An Act to repeal capital punishment.

From the introduced text, February 3, 2026:

An Act to repeal capital punishment. Be it enacted by the Legislature of the State of South Dakota: Section 1. That § 22-4-1 be AMENDED: 22-4-1. 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 [DELETED: Class A,] Class B [DELETED: ,] or [DELETED: Class] C felony is guilty of a Class 2 felony. Section 2. That § 22-4A-1 be AMENDED: 22-4A-1. Any person who, with the intent to promote or facilitate the commission of a crime, commands, hires, requests, or solicits another person to engage in specific conduct [DELETED: which] [ADDED: that] would constitute the commission of [DELETED: such] [ADDED: the] offense or an attempt to commit [DELETED: such] [ADDED: the] offense, is guilty of criminal solicitation. Criminal solicitation is a: (1) Class 1 felony if the offense solicited is a Class [DELETED: A,] B or C felony; (2) Class 2 felony if the offense solicited is a Class 1 felony; (3) Class 3 …

Read the full official text

Sponsors

• Helene Duhamel (R, SD-032) · primary sponsor
• Tim Reisch (R, HD-008) · primary sponsor
• Eric Emery (D, HD-026)
• Timothy Goodwin (R, HD-030)
• Leslie Heinemann (R, HD-025)
• Steve Kolbeck (R, SD-002)
• Liz Larson (D, SD-010)
• Jim Mehlhaff (R, SD-024)
• Erik Muckey (D, HD-015)
• William Shorma (R, HD-017)
• Jamie Smith (D, SD-015)
• Nicole Uhre-Balk (D, HD-032)

Latest actions

1. February 18, 2026: Deferred to the 41st legislative day
2. February 18, 2026: Scheduled for hearing
3. February 4, 2026: First read in House and referred to Judiciary

Votes

• Deferred to the 41st legislative day (February 18, 2026): 10 yea, 1 nay, passed

Common questions

What is HB1268?

HB1268 is a bill in the South Dakota Legislature (101st Legislature (2026)): repeal capital punishment.

What does HB1268 do?

In its own words: An Act to repeal capital punishment.

What is the status of HB1268?

Failed as of February 18, 2026. Latest action: Deferred to the 41st legislative day (February 18, 2026).

Who sponsored HB1268?

Helene Duhamel (R, SD-032), with 11 co-sponsors.

Where is the official record for HB1268?

On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/26524