| HB 1101 - Death penalty; electrocution; lethal intravenous infusion |
First Reader Summary
A BILL to amend Article 2 of Chapter 10 of Title 17 of the
Official Code of Georgia Annotated, relating to the death
penalty, so as to provide that a sentence of death shall be
carried out by electrocution unless, prior to the date of
execution, a court of competent jurisdiction declares death by
electrocution to be illegal or in violation of the Constitution
of the United States or the Constitution of the State of Georgia;
and for other purposes.
HB 1101 LC 21 5670
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 2 of Chapter 10 of Title 17 of the Official
1- 2 Code of Georgia Annotated, relating to the death penalty, so
1- 3 as to provide that a sentence of death shall be carried out
1- 4 by electrocution unless, prior to the date of execution, a
1- 5 court of competent jurisdiction declares death by
1- 6 electrocution to be illegal or in violation of the
1- 7 Constitution of the United States or the Constitution of the
1- 8 State of Georgia, in which case such sentence of death shall
1- 9 be carried out by continuous intravenous infusion of a
1-10 lethal quantity of an ultra short-acting barbiturate in
1-11 combination with such other drug or drugs, as the Department
1-12 of Corrections deems appropriate, until death is pronounced
1-13 by a licensed physician according to accepted standards of
1-14 medical practice; to provide procedures; to provide for
1-15 other matters relative thereto; to provide for
1-16 applicability; to provide for implementation; to provide for
1-17 intent; to repeal conflicting laws; and for other purposes.
1-18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-19 SECTION 1.
1-20 Article 2 of Chapter 10 of Title 17 of the Official Code of
1-21 Georgia Annotated, relating to the death penalty, is amended
1-22 by striking in its entirety Code Section 17-10-33, relating
1-23 to the imposition of sentence of death upon judgment of
1-24 death, and inserting in lieu thereof a new Code Section
1-25 17-10-33 to read as follows:
1-26 "17-10-33.
1-27 Upon a judgment of death made by a judge, it shall be the
1-28 duty of the judge to sentence the defendant to death and
1-29 to indicate the sentence in writing, which writing shall
1-30 be filed with the papers in the case against the
1-31 defendant. A certified copy of the sentence shall be sent
1-32 by the clerk of the court in which the sentence is
1-33 pronounced to the defendant's attorney of record, to the
1-34 Attorney General, and to the superintendent of the state
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2- 1 correctional institution where the execution is to take
2- 2 place, not less than ten days prior to the time fixed in
2- 3 the sentence of the court for the execution of the
2- 4 defendant. In all cases it shall be the duty of the
2- 5 sheriff of the county in which the defendant is sentenced,
2- 6 together with one deputy or more if in his the sheriff's
2- 7 judgment it is necessary, and provided that in all cases
2- 8 the number of guards shall be approved by the trial judge
2- 9 or, if he the trial judge is not available, by the judge
2-10 of the probate court of the county in which the defendant
2-11 is sentenced, to convey the defendant to the appropriate
2-12 state correctional institution, not more than 20 days nor
2-13 less than two days prior to the time fixed in the judgment
2-14 for the execution of the defendant, unless otherwise
2-15 directed by the Governor or unless a stay of execution has
2-16 been caused by an appeal, granting of a new trial, or
2-17 other order of a court of competent jurisdiction. The
2-18 expense for transporting the defendant to the state
2-19 correctional institution for the purpose of electrocution
2-20 execution shall be paid by the county governing authority
2-21 of the county in which the defendant was convicted, out of
2-22 any funds on hand in the treasury of the county."
2-23 SECTION 2.
2-24 Said article is further amended by striking in its entirety
2-25 Code Section 17-10-38, relating to carrying out of death
2-26 sentences, and inserting in lieu thereof a new Code Section
2-27 17-10-38 to read as follows:
2-28 "17-10-38.
2-29 (a) All persons who have been convicted of a capital
2-30 offense and have had imposed upon them a sentence of
2-31 death shall suffer such punishment by electrocution
2-32 unless, prior to the date of execution, a court of
2-33 competent jurisdiction declares death by electrocution to
2-34 be illegal or in violation of the Constitution of the
2-35 United States or the Constitution of the State of Georgia,
2-36 in which case such sentence of death shall be carried out
2-37 by continuous intravenous infusion of a lethal quantity of
2-38 an ultra short-acting barbiturate in combination with such
2-39 other drug or drugs, as the Department of Corrections
2-40 deems appropriate, until death is pronounced by a licensed
2-41 physician according to accepted standards of medical
2-42 practice.
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3- 1 (b) In all cases in which the defendant is sentenced to be
3- 2 electrocuted executed, it shall be the duty of the trial
3- 3 judge in passing sentence to direct that the defendant be
3- 4 delivered to the Department of Corrections for
3- 5 electrocution execution at a state correctional
3- 6 institution designated by the department."
3- 7 SECTION 3.
3- 8 Said article is further amended by striking in its entirety
3- 9 Code Section 17-10-41, relating to persons required to be
3-10 present at executions, and inserting in lieu thereof a new
3-11 Code Section 17-10-41 to read as follows:
3-12 "17-10-41.
3-13 (a) There shall be present at the execution by
3-14 electrocution of a convicted person the superintendent of
3-15 the state correctional institution or a deputy
3-16 superintendent thereof, at least three executioners, two
3-17 physicians to determine when death supervenes,
3-18 electricians, and other correctional officers, assistants,
3-19 and witnesses as determined by the commissioner of
3-20 corrections. In addition, the convicted person may
3-21 request the presence of his or her counsel, clergyman a
3-22 member of the clergy, and a reasonable number of relatives
3-23 and friends, provided that the total number of witnesses
3-24 appearing at the request of the convicted person shall be
3-25 determined by the commissioner of corrections.
3-26 (b) There shall be present at the execution of a convicted
3-27 person by lethal intravenous infusion the superintendent
3-28 of the state correctional institution or a deputy
3-29 superintendent thereof, at least three executioners, two
3-30 physicians to determine when death supervenes, and other
3-31 correctional officers, assistants, and witnesses as
3-32 determined by the commissioner of corrections. In
3-33 addition, the convicted person may request the presence of
3-34 his or her counsel, a member of the clergy, and a
3-35 reasonable number of relatives and friends, provided that
3-36 the total number of witnesses appearing at the request of
3-37 the convicted person shall be determined by the
3-38 commissioner of corrections."
3-39 SECTION 4.
3-40 Said article is further amended by striking in its entirety
3-41 Code Section 17-10-44, relating to the death chamber, and
-3-
4- 1 inserting in lieu thereof a new Code Section 17-10-44 to
4- 2 read as follows:
4- 3 "17-10-44.
4- 4 The Department of Corrections shall provide a death
4- 5 chamber and all necessary apparatus, machinery, and
4- 6 appliances for inflicting the penalty of death by
4- 7 electrocution or lethal intravenous infusion. It shall be
4- 8 the further duty of the department to train appropriate
4- 9 personnel and to implement all necessary mechanisms and
4-10 procedures needed to carry out an execution by
4-11 electrocution or lethal intravenous infusion."
4-12 SECTION 5.
4-13 This Act is not to be construed as a determination,
4-14 indication, or implication that the administering of the
4-15 death penalty by electrocution is in any way cruel or
4-16 unusual punishment or otherwise in violation of any
4-17 provision of the Constitution and laws of the United States
4-18 and the State of Georgia; but this Act is to be construed as
4-19 merely providing an alternative method of carrying out the
4-20 death penalty by this state in accordance with this Act
4-21 should a court of competent jurisdiction so rule.
4-22 SECTION 6.
4-23 All laws and parts of laws in conflict with this Act are
4-24 repealed.
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Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 12/28/99
