February 18, 2009



DIGEST OF SB 296 (Updated February 16, 2009 9:43 pm - DI 106)

Citations Affected: IC 35-38; noncode.

Synopsis: Death penalty executions. Removes the requirement that a death penalty execution occur before the hour of sunrise on the execution date. Requires the sentencing policy study committee to study the issue of housing death row inmates in a facility other than the Indiana state prison.

Effective: Upon passage; July 1, 2009.

Steele, Arnold

    January 7, 2009, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
    February 17, 2009, amended, reported favorably _ Do Pass.

February 18, 2009

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.
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    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)SB0296.1.1. -->     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: ; (09)SB0296.1.2. -->     SECTION 2. [EFFECTIVE UPON PASSAGE] The legislative council shall direct the sentencing policy study committee to study

the issue of confining persons on death row in a maximum security prison other than the Indiana state prison until a reasonable time before the date of execution.