PRIOR PRINTER'S NO. 253 PRINTER'S NO. 1743
No. 252 Session of 1997
INTRODUCED BY JUBELIRER, PICCOLA, HECKLER, BELL, BRIGHTBILL,
MADIGAN, ROBBINS, SALVATORE, GERLACH, THOMPSON AND WOZNIAK,
JANUARY 29, 1997
AS AMENDED ON SECOND CONSIDERATION, MARCH 10, 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 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 2. 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 DAY 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 AFTER RECEIVING NOTICE OF the reprieve or the judicial stay, <--
13 reissue a warrant specifying a week for execution which shall be
14 no later than 60 days after the date of reissuance of the
15 warrant.
16 (b) Secretary.--The warrant shall be directed to the
17 secretary commanding that the subject of the warrant be executed
18 within the week ON THE DAY named in the warrant and in the <--
19 manner prescribed by 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 4 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
19970S0252B1743 - 2 -
1 confinement, no person except the staff of the department, the
2 counsel of the inmate INMATE'S COUNSEL OF RECORD OR OTHER <--
3 ATTORNEY REQUESTED BY THE INMATE and a spiritual adviser
4 selected by the inmate or the members of the immediate family of
5 the inmate shall be allowed access to the inmate without an
6 order of the sentencing court.
7 Section 5 4. Method of execution. <--
8 (a) Injection.--The death penalty shall be inflicted by
9 injecting the convict with a continuous, intravenous
10 administration of a lethal quantity of an ultrashort-acting
11 barbiturate in combination with chemical paralytic agents
12 approved by the department until death is pronounced by the
13 coroner. The coroner shall issue the death certificate. The
14 execution shall be supervised by the superintendent or his
15 designee of the correctional institution designated by the
16 department for the execution.
17 (b) Injection agents.--Notwithstanding section 13 of the act
18 of April 14, 1972 (P.L.233, No.64), known as The Controlled
19 Substance, Drug, Device and Cosmetic Act, the secretary may
20 obtain the injection agents directly from a pharmacist or
21 manufacturer.
22 Section 6 5. Witnesses to execution. <--
23 (a) List of witnesses.--No person except the following shall
24 witness any execution under the provisions of this act:
25 (1) The superintendent or his designee of the
26 institution where the execution takes place.
27 (2) Six reputable adult citizens selected by the
28 secretary.
29 (3) One spiritual adviser, when requested and selected
30 by the inmate.
19970S0252B1743 - 3 -
1 (4) Not more than six duly accredited representatives of
2 the news media.
3 (5) Such staff of the department as may be selected by
4 the secretary.
5 (b) Confidentiality.--The identity of employees or
6 contractors of the department who participate in the
7 administration of an execution pursuant to this section shall be
8 confidential.
9 Section 7 6. Certification of superintendent. <--
10 After the execution, the superintendent of the institution
11 shall certify in writing, under oath or affirmation, to the
12 court of the county where the inmate was sentenced to death that
13 the inmate was duly executed in accordance with this act. The
14 certificate shall be filed in the office of the clerk of such
15 court.
16 Section 8 7. Postmortem examination. <--
17 Immediately after execution, a postmortem examination of the
18 body of the inmate shall be made at the discretion of the
19 coroner of the county in which the execution is performed. The
20 superintendent shall report in writing stating the nature of the
21 examination so made. This report shall be annexed to and filed
22 with the certificate required under section 7. After the
23 postmortem examination, unless claimed by a relative or
24 relatives, the department shall be responsible for disposition
25 of the body.
26 Section 9 8. Costs of execution and examination. <--
27 The actual and necessary costs of the execution and the
28 postmortem examination shall be paid by the department.
29 Section 10 9. Repeals. <--
30 The following acts and parts of acts are repealed to the
19970S0252B1743 - 4 -
1 extent specified:
2 Act of November 29, 1990 (P.L.572, No.145), referred to as
3 the Death Sentence Execution Law.
4 42 Pa.C.S. § 9711(i), (j), § 9711(J), (k), (l), (m), (n) and <--
5 (o).
6 Section 11 10. Effective date. <--
7 This act shall take effect in 60 days.
A6L61BIL/19970S0252B1743 - 5 -