Citations Affected:
IC 35-38-6
.
Synopsis: Capital sentence procedures. Provides that a female inmate
under a sentence of death must be housed in a maximum security
women's facility until at least 30 days before the execution date.
Provides certain criteria that allow inmates under a sentence of death
to be temporarily housed at another maximum security facility.
Provides that identifying information of persons executing an inmate
is confidential and that the department of correction may exclude a
person from viewing an execution if the superintendent determines the
person may compromise the safety and security of the state prison.
Changes references to the title of the head of the state prison from
warden to superintendent.
Effective: Upon passage.
January 7, 2002, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1.
IC 35-38-6-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: 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 warden superintendent of the state prison, or persons
designated by the warden, 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).
SECTION 2.
IC 35-38-6-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. The court in
which a death sentence is ordered shall issue a warrant to the sheriff
within fourteen (14) days of the sentence:
(1) that is under the seal of the court;
(2) that contains notice of the conviction and the sentence;
(3) that is directed to the warden superintendent of the state
prison; and
(4) that orders the warden superintendent to execute the
convicted person at a specified time and date in the state prison.
SECTION 3.
IC 35-38-6-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. A sheriff who
receives a warrant under section 2 or section 7 of this chapter shall
immediately:
(1) transport the person to the state prison;
(2) deliver the person and the warrant to the warden
superintendent of the prison;
(3) obtain a receipt for the delivery of the person; and
(4) deliver the receipt to the clerk of the sentencing court.
SECTION 4.
IC 35-38-6-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The
convicted person shall be confined in the state prison until the date of
his 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 him the convicted person while he the convicted person is
confined. The department of correction shall adopt rules, under
IC 4-22-2
, governing such visits.
SECTION 5.
IC 35-38-6-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) Only the
following persons may be present at the execution:
(1) The warden and superintendent of the state prison.
(2) The person designated by the superintendent of the state
prison and any of his assistants who are necessary to assist him
in the execution.
(2) (3) The prison physician.
(3) (4) One (1) other physician.
(4) (5) The spiritual advisor of the convicted person.
(5) (6) The prison chaplain.
(6) (7) Not more than ten (10) friends or relatives of the convicted
person who are invited by the convicted person to attend.
(b) 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.
(c) The department of correction:
(1) shall keep confidential the identities of persons who assist
the superintendent of the state prison in an execution; and
(2) may:
(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 execution.
SECTION 6.
IC 35-38-6-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) If the
convicted person:
(1) escapes from custody before the date set for his execution; and
(2) is recaptured before the date set for his execution;
he the convicted person shall be returned to the state prison confined
and executed according to the terms of the warrant.
(b) If the convicted person:
(1) escapes from custody before his delivery to the warden;
superintendent of the state prison; and
(2) is recaptured after the date set for his execution;
any person may arrest him and commit him the convicted person to
the jail of the county in which he the convicted person was sentenced.
The sheriff shall notify the sentencing court of the recapture, and the
court shall fix a new date for the execution. The new execution date
must not be less than thirty (30) nor more than sixty (60) days after the
recapture of the person. The court shall issue a new warrant in the form
prescribed by section 2 of this chapter.
(c) If the convicted person:
(1) escapes from the state prison; confinement; and
(2) is recaptured after the date set for his execution;
any person may arrest him and commit him the convicted person to
the state prison. department of correction. When he the convicted
person is returned to the state prison, department of correction or a
facility or place designated by the department of correction, the
warden department shall notify the sentencing court, and the court
shall fix a new date for the execution. The new execution date must not
be less than thirty (30) nor more than sixty (60) days after the recapture
of the person. The court shall issue a warrant to the warden
department of correction directing him the superintendent of the
state prison to execute the convicted person at a specified time and
date in the state prison.
SECTION 7.
IC 35-38-6-8
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) If the
execution of the death sentence is suspended, the warden department
of correction shall note the reason for the delay on the warrant but
shall proceed with the execution when the period of suspension ends.
(b) The warrant shall be returned to the clerk of the sentencing court
after:
(1) the convicted person is executed;
(2) the convicted person has been pardoned;
(3) the convicted person's judgment has been reversed;
(4) the convicted person's sentence has been commuted; or
(5) the convicted person dies before his execution;
with a statement concerning the completion of the execution or the
reason why the person was not executed.
SECTION 8.
IC 35-38-6-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. If the physician
of the state prison and one (1) other physician certify in writing to the
warden superintendent of the state prison and the sentencing court
that a condemned woman is pregnant, the warden superintendent shall
suspend the execution of the sentence. When the state prison physician
and one (1) other physician certify in writing to the warden
superintendent of the state prison and the sentencing court that the
woman is no longer pregnant, the sentencing court shall immediately
fix a new execution date.
SECTION 9. An emergency is declared for this act.