DEATH PENALTY - EXECUTION PROCEDURE AND METHOD — 1998 Pa. Act 80 (historical enacted text)

Historical Act text

HOUSE AMENDED
PRIOR PRINTER'S NOS. 253, 1743, 1745, PRINTER'S NO. 2023
1779, 1955
INTRODUCED BY JUBELIRER, PICCOLA, HECKLER, BELL, BRIGHTBILL,
MADIGAN, ROBBINS, SALVATORE, GERLACH, THOMPSON AND WOZNIAK,
JANUARY 29, 1997
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, JUNE 1, 1998
AN ACT
1 Providing for a procedure and method of execution; and making
2 repeals.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Department." The Department of Corrections of the
10 Commonwealth.
11 "Secretary." The Secretary of Corrections of the
12 Commonwealth.
13 "VICTIM." THE TERM SHALL HAVE THE SAME MEANING GIVEN TO IT <--
14 IN SECTION 479.1 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175),
15 KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
16 "VICTIM ADVOCATE." THE VICTIM ADVOCATE WITHIN THE BOARD OF
1 PROBATION AND PAROLE.
2 Section 2. Issuance of Warrant.
3 (a) Time.--After the receipt of the record pursuant to 42
4 Pa.C.S. § 9711(i) (relating to sentencing procedure for murder
5 of the first degree), unless a pardon or commutation has been
6 issued, the Governor shall, within 90 days, issue a warrant
7 specifying a day for execution which shall be no later than 60
8 days after the date the warrant is signed. If, because of a
9 reprieve or a judicial stay of the execution, the date of
10 execution passes without imposition of the death penalty, unless
11 a pardon or commutation has been issued, the Governor shall,
12 within 30 days after RECEIVING NOTICE OF the termination of the <--
13 reprieve or the judicial stay, reissue a warrant specifying a
14 day for execution which shall be no later than 60 days after the
15 date of reissuance of the warrant.
16 (b) Secretary.--The warrant shall be directed to the
17 secretary commanding that the subject of the warrant be executed
18 on the day named in the warrant and in the manner prescribed by
19 law.
20 (c) Failure to timely comply.--If the Governor fails to
21 timely comply with the provisions of this section and a pardon
22 or commutation has not been issued, the secretary shall, within
23 30 days following the Governor's failure to comply, schedule and
24 carry out the execution no later than 60 days from the date by
25 which the Governor was required to sign the warrant under
26 subsection (a).
27 Section 3. Terms of confinement.
28 Upon receipt of the warrant, the secretary shall, until
29 infliction of the death penalty or until lawful discharge from
30 custody, keep the inmate in solitary confinement. During the
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1 confinement, no person except the staff of the department, the
2 inmate's counsel of record or other attorney requested by the
3 inmate and a spiritual adviser selected by the inmate or the
4 members of the immediate family of the inmate shall be allowed
5 access to the inmate without an order of the sentencing court.
6 Section 4. Method of execution.
7 (a) Injection.--The death penalty shall be inflicted by
8 injecting the convict with a continuous, intravenous
9 administration of a lethal quantity of an ultrashort-acting
10 barbiturate in combination with chemical paralytic agents
11 approved by the department until death is pronounced by the
12 coroner. The coroner shall issue the death certificate. The
13 execution shall be supervised by the superintendent or his
14 designee of the correctional institution designated by the
15 department for the execution.
16 (b) Injection agents.--Notwithstanding section 13 of the act
17 of April 14, 1972 (P.L.233, No.64), known as The Controlled
18 Substance, Drug, Device and Cosmetic Act, the secretary OR HIS <--
19 DESIGNEE may obtain the injection agents directly from a
20 pharmacist or manufacturer.
21 Section 5. Witnesses to execution.
22 (a) List of witnesses.--No person except the following shall
23 witness any execution under the provisions of this act:
24 (1) The superintendent or his designee of the
25 institution where the execution takes place.
26 (2) Six reputable adult citizens selected by the
27 secretary.
28 (3) One spiritual adviser, when requested and selected
29 by the inmate.
30 (4) Not more than six duly accredited representatives of
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1 the news media.
2 (5) Such staff of the department as may be selected by
3 the secretary.
4 (6) NOT MORE THAN FOUR VICTIMS REGISTERED WITH AND <--
5 SELECTED BY THE VICTIM ADVOCATE.
6 (B) WITNESSES.--THE SECRETARY OF CORRECTIONS MAY REFUSE
7 PARTICIPATION BY A WITNESS FOR SAFETY OR SECURITY REASONS. THE
8 DEPARTMENT SHALL MAKE REASONABLE EFFORTS TO PROVIDE VICTIMS A
9 VIEWING AREA SEPARATE AND APART FROM THE AREA TO WHICH OTHER
10 WITNESSES ARE ADMITTED.
11 (b) (C) Confidentiality.--The identity of employees or <--
12 DEPARTMENT EMPLOYEES, DEPARTMENT contractors of the department <--
13 OR VICTIMS, who participate in the administration of an <--
14 execution pursuant to this section, shall be confidential. <--
15 Section 6. Certification of superintendent.
16 After the execution, the superintendent of the institution
17 shall certify in writing, under oath or affirmation, to the
18 court of the county where the inmate was sentenced to death that
19 the inmate was duly executed in accordance with this act. The
20 certificate shall be filed in the office of the clerk of such
21 court.
22 Section 7. Postmortem examination.
23 Immediately after execution, a postmortem examination of the
24 body of the inmate shall be made at the discretion of the
25 coroner of the county in which the execution is performed. The
26 superintendent shall report in writing stating the nature of the <--
27 CORONER SHALL REPORT THE NATURE OF ANY examination so made. This <--
28 report shall be annexed to and filed with the certificate
29 required under section 6. After the postmortem examination,
30 unless claimed by a relative or relatives, the department shall
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1 be responsible for disposition of the body.
2 Section 8. Costs of execution and examination.
3 The actual and necessary costs of the execution and the
4 postmortem examination shall be paid by the department.
5 Section 9. Repeals.
6 The following acts and parts of acts are repealed to the
7 extent specified:
8 Act of November 29, 1990 (P.L.572, No.145), referred to as
9 the Death Sentence Execution Law.
10 42 Pa.C.S. § 9711(j), (k), (l), (m), (n) and (o).
11 Section 10. Effective date.
12 This act shall take effect in 60 days.
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