Chapter 27A - CAPITAL PUNISHMENT

Section 23A-27A-1 - Mitigating and aggravating circumstances considered by judge or jury
Section 23A-27A-2 - Presentence hearing required-Relevant evidence
Section 23A-27A-3 - Jury to determine existence of mitigating or aggravating circumstances-Instructions to jury
Section 23A-27A-4 - Aggravating circumstance and recommendation of death penalty required for Class A felony death sentencing-Life imprisonment-Bench trial or guilty plea
Section 23A-27A-5 - Written designation of aggravating circumstances required
Section 23A-27A-6 - Designation by judge in nonjury cases-At least one aggravating circumstance required for death penalty imposition
Section 23A-27A-7 - Sentence of death-Copies of judgment provided to officials
Section 23A-27A-8 - Accumulation of prior capital felony records by Supreme Court-Staff and methods
Section 23A-27A-9 - Review by Supreme Court required when death penalty imposed-Procedure
Section 23A-27A-10 - Sentence review consolidated with direct appeal-Decision
Section 23A-27A-11 - Procedure on appeal from capital punishment case-Briefs-Oral argument
Section 23A-27A-12 - Factors reviewed by Supreme Court regarding sentence
Section 23A-27A-13 - Reference to similar cases to be included in decision-Death sentence affirmed or set aside-Similar-case records provided to resentencing judge
Section 23A-27A-14 - Life imprisonment when death penalty held unconstitutional
Section 23A-27A-15 - Warrant of death sentence and execution-Time of execution
Section 23A-27A-16 - Delivery of defendant with warrant to state correctional facility
Section 23A-27A-17 - Date and time of execution-Secretary of corrections to make public announcement
Section 23A-27A-18 - [Repealed]
Section 23A-27A-19 - Investigation by Governor
Section 23A-27A-20 - Reprieve or suspension of sentence by Governor during investigation
Section 23A-27A-21 - Power to reprieve or suspend sentence limited to Governor-Exception
Section 23A-27A-22 - Mental incompetence of defendant-Notice to Governor, secretary of corrections, and sentencing court
Section 23A-27A-22.1 - Hearings and examinations regarding mental competence of defendant-Change in circumstances
Section 23A-27A-22.2 - Psychiatric examination
Section 23A-27A-22.3 - Psychiatric report
Section 23A-27A-22.4 - Video tape record of psychiatric examination
Section 23A-27A-22.5 - Counsel for defendant-Rights afforded at hearing
Section 23A-27A-23 - [Repealed]
Section 23A-27A-24 - Defendant incompetent to be executed-Suspension of sentence-Confinement-Periodic review
Section 23A-27A-25 - [Repealed]
Section 23A-27A-26 - Defendant mentally competent to be executed-Warrant of death sentence and execution-Time of execution
Section 23A-27A-26.1 - Death penalty not to be imposed on intellectually disabled person
Section 23A-27A-26.2 - Intellectual disability defined
Section 23A-27A-26.3 - Procedures for determining intellectual disability of defendant
Section 23A-27A-26.4 - Appeal by state
Section 23A-27A-26.5 - Examination of defendant by expert designated by state-Videotaped recording-Defendant's statements inadmissible except as to issue of intellectual disability
Section 23A-27A-26.6 - Applicability of sections 23A-27A-26.1 to 23A-27A-26.7, inclusive
Section 23A-27A-26.7 - Inseparability of sections 23A-27A-26.1 to 23A-27A-26.7, inclusive
Section 23A-27A-27 - Pregnancy of defendant-Examination-Report
Section 23A-27A-28 - Suspension of sentence if defendant pregnant
Section 23A-27A-29 - Defendant no longer pregnant-Execution warrant issued
Section 23A-27A-30 - [Repealed]
Section 23A-27A-31 - Warrant appointing new time for execution issued by sentencing court if defendant not executed within original time period
Section 23A-27A-31.1 - [Repealed]
Section 23A-27A-31.2 - Confidentiality of identity of person or entity supplying or administering intravenous injection substance-Violation as misdemeanor
Section 23A-27A-32 - Place and manner of execution-Qualifications to administer intravenous injection-Substances dispensed to secretary of corrections or designee without prescription
Section 23A-27A-32.1 - Execution of persons convicted before July 1, 2007-Choice of manner of execution
Section 23A-27A-33 - Place for persons and equipment provided at correctional facility
Section 23A-27A-34 - Attendance at execution by attorney general, sentencing judge, state's attorney, sheriff, representatives of victim, news media, and additional citizens approved by secretary of corrections
Section 23A-27A-34.1 - Attendance at execution by person trained to pronounce death, corrections staff, and law enforcement officers
Section 23A-27A-34.2 - Witnesses permitted to defendant at execution
Section 23A-27A-35 - [Repealed]
Section 23A-27A-36 - Other persons not permitted to attend
Section 23A-27A-37 - Secrecy of execution time-Disclosure as misdemeanor
Section 23A-27A-37.1 - [Repealed]
Section 23A-27A-37.2 - Postmortem examination by county coroner
Section 23A-27A-37.3 - Autopsy
Section 23A-27A-38 - [Repealed]
Section 23A-27A-39 - Interment of body unless claimed by relative
Section 23A-27A-40 - [Repealed]
Section 23A-27A-40.1 - Certificate of execution
Section 23A-27A-41 - [Repealed]
Section 23A-27A-42 - Death penalty prohibited for defendant younger than eighteen when offense committed
Section 23A-27A-43 - Immunity of persons participating and cooperating in execution
Section 23A-27A-44 - Effect of amendment and repeal of sections