PRIOR PRINTER'S NOS. 253, 1743 PRINTER'S NO. 1745
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 THIRD CONSIDERATION, MARCH 11, 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. Issuance of Warrant.
14 (a) Time.--After the receipt of the record, unless a pardon
15 or commutation has been issued, the Governor shall, within 90
16 days, issue a warrant specifying a day for execution which shall
17 be no later than 60 days after the date the warrant is signed.
1 If, because of a reprieve or a judicial stay of the execution,
2 the date of execution passes without imposition of the death
3 penalty, unless a pardon or commutation has been issued, the
4 Governor shall, within 30 days after receiving notice of the
5 reprieve or the judicial stay, reissue a warrant specifying a
6 week DAY for execution which shall be no later than 60 days <--
7 after the date of reissuance of the warrant.
8 (b) Secretary.--The warrant shall be directed to the
9 secretary commanding that the subject of the warrant be executed
10 on the day named in the warrant and in the manner prescribed by
11 law.
12 (c) Failure to timely comply.--If the Governor fails to
13 timely comply with the provisions of this section and a pardon
14 or commutation has not been issued, the secretary shall, within
15 30 days following the Governor's failure to comply, schedule and
16 carry out the execution no later than 60 days from the date by
17 which the Governor was required to sign the warrant under
18 subsection (a).
19 Section 3. Terms of confinement.
20 Upon receipt of the warrant, the secretary shall, until
21 infliction of the death penalty or until lawful discharge from
22 custody, keep the inmate in solitary confinement. During the
23 confinement, no person except the staff of the department, the
24 inmate's counsel of record or other attorney requested by the
25 inmate and a spiritual adviser selected by the inmate or the
26 members of the immediate family of the inmate shall be allowed
27 access to the inmate without an order of the sentencing court.
28 Section 4. Method of execution.
29 (a) Injection.--The death penalty shall be inflicted by
30 injecting the convict with a continuous, intravenous
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1 administration of a lethal quantity of an ultrashort-acting
2 barbiturate in combination with chemical paralytic agents
3 approved by the department until death is pronounced by the
4 coroner. The coroner shall issue the death certificate. The
5 execution shall be supervised by the superintendent or his
6 designee of the correctional institution designated by the
7 department for the execution.
8 (b) Injection agents.--Notwithstanding section 13 of the act
9 of April 14, 1972 (P.L.233, No.64), known as The Controlled
10 Substance, Drug, Device and Cosmetic Act, the secretary may
11 obtain the injection agents directly from a pharmacist or
12 manufacturer.
13 Section 5. Witnesses to execution.
14 (a) List of witnesses.--No person except the following shall
15 witness any execution under the provisions of this act:
16 (1) The superintendent or his designee of the
17 institution where the execution takes place.
18 (2) Six reputable adult citizens selected by the
19 secretary.
20 (3) One spiritual adviser, when requested and selected
21 by the inmate.
22 (4) Not more than six duly accredited representatives of
23 the news media.
24 (5) Such staff of the department as may be selected by
25 the secretary.
26 (b) Confidentiality.--The identity of employees or
27 contractors of the department who participate in the
28 administration of an execution pursuant to this section shall be
29 confidential.
30 Section 6. Certification of superintendent.
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1 After the execution, the superintendent of the institution
2 shall certify in writing, under oath or affirmation, to the
3 court of the county where the inmate was sentenced to death that
4 the inmate was duly executed in accordance with this act. The
5 certificate shall be filed in the office of the clerk of such
6 court.
7 Section 7. Postmortem examination.
8 Immediately after execution, a postmortem examination of the
9 body of the inmate shall be made at the discretion of the
10 coroner of the county in which the execution is performed. The
11 superintendent shall report in writing stating the nature of the
12 examination so made. This report shall be annexed to and filed
13 with the certificate required under section 7 6. After the <--
14 postmortem examination, unless claimed by a relative or
15 relatives, the department shall be responsible for disposition
16 of the body.
17 Section 8. Costs of execution and examination.
18 The actual and necessary costs of the execution and the
19 postmortem examination shall be paid by the department.
20 Section 9. Repeals.
21 The following acts and parts of acts are repealed to the
22 extent specified:
23 Act of November 29, 1990 (P.L.572, No.145), referred to as
24 the Death Sentence Execution Law.
25 42 Pa.C.S. § 9711(j), (k), (l), (m), (n) and (o).
26 Section 10. Effective date.
27 This act shall take effect in 60 days.
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