PRINTER'S NO. 253
No. 252 Session of 1997
INTRODUCED BY JUBELIRER, PICCOLA, HECKLER, BELL, BRIGHTBILL,
MADIGAN, ROBBINS, SALVATORE, GERLACH, THOMPSON AND WOZNIAK,
JANUARY 29, 1997
REFERRED TO JUDICIARY, JANUARY 29, 1997
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 Section 2. Record of death sentence to Governor.
14 Within 90 days of the date a sentence of death is upheld by
15 the Supreme Court, the prothonotary of the Supreme Court shall
16 transmit to the Governor a full and complete record of the
17 trial, sentencing hearing, imposition of sentence and review by
1 the Supreme Court. Notice of this transmission shall
2 contemporaneously be provided to the secretary.
3 Section 3. Issuance of Warrant.
4 (a) Time.--After the receipt of the record, unless a pardon
5 or commutation has been issued, the Governor shall, within 90
6 days, issue a warrant specifying a week for execution which
7 shall be no later than 60 days after the date the warrant is
8 signed. If, because of a reprieve or a judicial stay of the
9 execution, the date of execution passes without imposition of
10 the death penalty, unless a pardon or commutation has been
11 issued, the Governor shall, within 30 days of the termination of
12 the reprieve or the judicial stay, reissue a warrant specifying
13 a week for execution which shall be no later than 60 days after
14 the date of reissuance of the warrant.
15 (b) Secretary.--The warrant shall be directed to the
16 secretary commanding that the subject of the warrant be executed
17 within the week named in the warrant and in the manner
18 prescribed by law.
19 (c) Failure to timely comply.--If the Governor fails to
20 timely comply with the provisions of this section and a pardon
21 or commutation has not been issued, the secretary shall, within
22 30 days following the Governor's failure to comply, schedule and
23 carry out the execution no later than 60 days from the date by
24 which the Governor was required to sign the warrant under
25 subsection (a).
26 Section 4. Terms of confinement.
27 Upon receipt of the warrant, the secretary shall, until
28 infliction of the death penalty or until lawful discharge from
29 custody, keep the inmate in solitary confinement. During the
30 confinement, no person except the staff of the department, the
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1 counsel of the inmate and a spiritual adviser selected by the
2 inmate or the members of the immediate family of the inmate
3 shall be allowed access to the inmate without an order of the
4 sentencing court.
5 Section 5. Method of execution.
6 (a) Injection.--The death penalty shall be inflicted by
7 injecting the convict with a continuous, intravenous
8 administration of a lethal quantity of an ultrashort-acting
9 barbiturate in combination with chemical paralytic agents
10 approved by the department until death is pronounced by the
11 coroner. The coroner shall issue the death certificate. The
12 execution shall be supervised by the superintendent or his
13 designee of the correctional institution designated by the
14 department for the execution.
15 (b) Injection agents.--Notwithstanding section 13 of the act
16 of April 14, 1972 (P.L.233, No.64), known as The Controlled
17 Substance, Drug, Device and Cosmetic Act, the secretary may
18 obtain the injection agents directly from a pharmacist or
19 manufacturer.
20 Section 6. Witnesses to execution.
21 (a) List of witnesses.--No person except the following shall
22 witness any execution under the provisions of this act:
23 (1) The superintendent or his designee of the
24 institution where the execution takes place.
25 (2) Six reputable adult citizens selected by the
26 secretary.
27 (3) One spiritual adviser, when requested and selected
28 by the inmate.
29 (4) Not more than six duly accredited representatives of
30 the news media.
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1 (5) Such staff of the department as may be selected by
2 the secretary.
3 (b) Confidentiality.--The identity of employees or
4 contractors of the department who participate in the
5 administration of an execution pursuant to this section shall be
6 confidential.
7 Section 7. Certification of superintendent.
8 After the execution, the superintendent of the institution
9 shall certify in writing, under oath or affirmation, to the
10 court of the county where the inmate was sentenced to death that
11 the inmate was duly executed in accordance with this act. The
12 certificate shall be filed in the office of the clerk of such
13 court.
14 Section 8. Postmortem examination.
15 Immediately after execution, a postmortem examination of the
16 body of the inmate shall be made at the discretion of the
17 coroner of the county in which the execution is performed. The
18 superintendent shall report in writing stating the nature of the
19 examination so made. This report shall be annexed to and filed
20 with the certificate required under section 7. After the
21 postmortem examination, unless claimed by a relative or
22 relatives, the department shall be responsible for disposition
23 of the body.
24 Section 9. Costs of execution and examination.
25 The actual and necessary costs of the execution and the
26 postmortem examination shall be paid by the department.
27 Section 10. Repeals.
28 The following acts and parts of acts are repealed to the
29 extent specified:
30 Act of November 29, 1990 (P.L.572, No.145), referred to as
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1 the Death Sentence Execution Law.
2 42 Pa.C.S. § 9711(i), (j), (k), (l), (m), (n) and (o).
3 Section 11. Effective date.
4 This act shall take effect in 60 days.
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