Introduced Version




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 Civil Matters.


First Regular Session 116th General Assembly (2009)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION
that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2008 Regular Session of the General Assembly.


    A BILL FOR AN ACT to amend the Indiana Code concerning corrections.

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 person; and
        (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 executioner.
    (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:
        (1) attorney;
        (2) physician;
        (3) relatives;
        (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.