PRIOR PRINTER'S NOS. 253, 1743, 1745 PRINTER'S NO. 1779
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 16, 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 PURSUANT TO 42 <--
15 PA.C.S. § 9711(I) (RELATING TO SENTENCING PROCEDURE FOR MURDER
16 OF THE FIRST DEGREE), unless a pardon or commutation has been
17 issued, the Governor shall, within 90 days, issue a warrant
1 specifying a day for execution which shall be no later than 60
2 days after the date the warrant is signed. If, because of a
3 reprieve or a judicial stay of the execution, the date of
4 execution passes without imposition of the death penalty, unless
5 a pardon or commutation has been issued, the Governor shall,
6 within 30 days after receiving notice THE TERMINATION of the <--
7 reprieve or the judicial stay, reissue a warrant specifying a
8 day for execution which shall be no later than 60 days after the
9 date of reissuance of the warrant.
10 (b) Secretary.--The warrant shall be directed to the
11 secretary commanding that the subject of the warrant be executed
12 on the day named in the warrant and in the manner prescribed by
13 law.
14 (c) Failure to timely comply.--If the Governor fails to
15 timely comply with the provisions of this section and a pardon
16 or commutation has not been issued, the secretary shall, within
17 30 days following the Governor's failure to comply, schedule and
18 carry out the execution no later than 60 days from the date by
19 which the Governor was required to sign the warrant under
20 subsection (a).
21 Section 3. Terms of confinement.
22 Upon receipt of the warrant, the secretary shall, until
23 infliction of the death penalty or until lawful discharge from
24 custody, keep the inmate in solitary confinement. During the
25 confinement, no person except the staff of the department, the
26 inmate's counsel of record or other attorney requested by the
27 inmate and a spiritual adviser selected by the inmate or the
28 members of the immediate family of the inmate shall be allowed
29 access to the inmate without an order of the sentencing court.
30 Section 4. Method of execution.
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1 (a) Injection.--The death penalty shall be inflicted by
2 injecting the convict with a continuous, intravenous
3 administration of a lethal quantity of an ultrashort-acting
4 barbiturate in combination with chemical paralytic agents
5 approved by the department until death is pronounced by the
6 coroner. The coroner shall issue the death certificate. The
7 execution shall be supervised by the superintendent or his
8 designee of the correctional institution designated by the
9 department for the execution.
10 (b) Injection agents.--Notwithstanding section 13 of the act
11 of April 14, 1972 (P.L.233, No.64), known as The Controlled
12 Substance, Drug, Device and Cosmetic Act, the secretary may
13 obtain the injection agents directly from a pharmacist or
14 manufacturer.
15 Section 5. Witnesses to execution.
16 (a) List of witnesses.--No person except the following shall
17 witness any execution under the provisions of this act:
18 (1) The superintendent or his designee of the
19 institution where the execution takes place.
20 (2) Six reputable adult citizens selected by the
21 secretary.
22 (3) One spiritual adviser, when requested and selected
23 by the inmate.
24 (4) Not more than six duly accredited representatives of
25 the news media.
26 (5) Such staff of the department as may be selected by
27 the secretary.
28 (b) Confidentiality.--The identity of employees or
29 contractors of the department who participate in the
30 administration of an execution pursuant to this section shall be
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1 confidential.
2 Section 6. Certification of superintendent.
3 After the execution, the superintendent of the institution
4 shall certify in writing, under oath or affirmation, to the
5 court of the county where the inmate was sentenced to death that
6 the inmate was duly executed in accordance with this act. The
7 certificate shall be filed in the office of the clerk of such
8 court.
9 Section 7. Postmortem examination.
10 Immediately after execution, a postmortem examination of the
11 body of the inmate shall be made at the discretion of the
12 coroner of the county in which the execution is performed. The
13 superintendent shall report in writing stating the nature of the
14 examination so made. This report shall be annexed to and filed
15 with the certificate required under section 6. After the
16 postmortem examination, unless claimed by a relative or
17 relatives, the department shall be responsible for disposition
18 of the body.
19 Section 8. Costs of execution and examination.
20 The actual and necessary costs of the execution and the
21 postmortem examination shall be paid by the department.
22 Section 9. Repeals.
23 The following acts and parts of acts are repealed to the
24 extent specified:
25 Act of November 29, 1990 (P.L.572, No.145), referred to as
26 the Death Sentence Execution Law.
27 42 Pa.C.S. § 9711(j), (k), (l), (m), (n) and (o).
28 Section 10. Effective date.
29 This act shall take effect in 60 days.
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