SENATE BILL No. 296
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-38-6.
Synopsis: Death penalty executions. Removes the requirement that a
death penalty execution occur before the hour of sunrise on the
execution date. Requires that an inmate awaiting a death penalty
execution be confined in a maximum security facility.
Effective: July 1, 2009.
January 7, 2009, read first time and referred to Committee on Corrections, Criminal, and
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 296
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 35-38-6-1; (09)IN0296.1.1. -->
SECTION 1. IC 35-38-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) The punishment
of death shall be inflicted by intravenous injection of a lethal substance
or substances into the convicted person:
(1) in a quantity sufficient to cause the death of the convicted
(2) until the convicted person is dead.
(b) The death penalty shall be inflicted
before the hour of sunrise on
a date fixed by the sentencing court. However, the execution must not
occur until at least one hundred (100) days after the conviction.
(c) The superintendent of the state prison, or persons designated by
the superintendent, shall designate the person who is to serve as the
(d) The department of correction may adopt rules under IC 4-22-2
necessary to implement subsection (a).
SOURCE: IC 35-38-6-4; (09)IN0296.1.2. -->
SECTION 2. IC 35-38-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) The convicted
person shall be confined in
the state prison a maximum security
facility until a reasonable time before the date of the convicted
person's execution. The convicted person may temporarily be held in
a maximum security facility for security purposes or during renovation
of the state prison. A convicted female shall be confined in a maximum
security women's prison until not more than thirty (30) days before the
date of her execution. A convicted female shall be segregated from
male prisoners after her transfer from the women's prison.
(b) The convicted person's:
(4) friends; and
(5) spiritual advisor;
may visit the convicted person while the convicted person is confined.
The department of correction shall adopt rules, under IC 4-22-2,
governing such visits.