SENATE BILL No. 160
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-38-6-6.
Synopsis: Witnesses at an execution. Reduces to five the number of
friends and relatives of a convicted person who may be present at an
execution, and permits up to eight adult members of the immediate
family of the victim to be present at an execution. Requires the
department of correction to establish a procedure to select the family
members who may be present at an execution if more than eight family
members of a victim wish to attend or if there is more than one victim,
and to establish a support room for the use of family members of a
victim and support persons who will not be present at the execution.
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Corrections, Criminal, and
Second Regular Session 114th General Assembly (2006)
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SENATE BILL No. 160
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-38-6-6; (06)IN0160.1.1. -->
SECTION 1. IC 35-38-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) Only the
following persons may be present at the execution:
(1) The superintendent of the state prison.
(2) The person designated by the superintendent of the state
prison and any assistants who are necessary to assist in the
(3) The prison physician.
(4) One (1) other physician.
(5) The spiritual advisor of the convicted person.
(6) The prison chaplain.
(7) Not more than
ten (10) five (5)
friends or relatives of the
convicted person who are invited by the convicted person to
(8) Except as provided in subsection (b), not more than eight
(8) of the following members of the victim's immediate family
who are at least eighteen (18) years of age:
(A) The victim's spouse.
(B) One (1) or more of the victim's children.
(C) One (1) or more of the victim's parents.
(D) One (1) or more of the victim's grandparents.
(E) One (1) or more of the victim's siblings.
(b) If there is more than one (1) victim, not more than eight (8)
persons who are members of the victims' immediate families may
be present at the execution. The department shall determine which
persons may be present in accordance with procedures adopted
under subsection (c).
(c) The department shall develop procedures to determine
which family members of a victim may be present at the execution
if more than eight (8) family members of a victim desire to be
present or if there is more than one (1) victim. Upon the request of
a family member of a victim, the department shall establish a
support room for the use of:
(1) an immediate family member of the victim described in
subsection (a)(8) who is not selected to be present at the
(2) a person invited by an immediate family member of the
victim described in subsection (a)(8) to offer support to the
immediate family member.
The superintendent of the state prison may exclude a person
from viewing the execution if the superintendent determines that the
presence of the person would threaten the safety or security of the state
prison and sets forth this determination in writing.
The department of correction:
(1) shall keep confidential the identities of persons who assist the
superintendent of the state prison in an execution; and
(A) classify as confidential; and
(B) withhold from the public;
any part of a document relating to an execution that would reveal
the identity of a person who assists the superintendent in the