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Senate Bill 0196

Florida Senate - 1998 SB 196 By Senator Klein 28-12-98 See HB 3033 1 A bill to be entitled 2 An act relating to execution; amending s. 3 922.10, F.S.; providing for execution of the 4 death penalty by means of lethal injection; 5 providing for election of lethal injection by 6 certain persons sentenced to death for capital 7 offenses committed before a specified date; 8 providing for administration of the lethal 9 injection; providing for execution by 10 electrocution under specified circumstances; 11 providing an exemption from chapter 120, F.S., 12 relating to the Administrative Procedures Act, 13 for the policies and procedures of the 14 Department of Corrections relating to 15 execution; providing for designation of the 16 executioner by the superintendent; providing 17 for confidentiality of information identifying 18 the person administering the lethal injection; 19 providing for applicability or retroactive 20 applicability to certain offenses; providing an 21 effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 922.10, Florida Statutes, is 26 amended to read: 27 922.10 Execution of death sentence; election of method 28 of execution; executioner.-- 29 (1) A person convicted and sentenced to death for a 30 capital crime committed on or July 1, 1998, shall be executed 31 by lethal injection, specifically through intravenous 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 196 28-12-98 See HB 3033 1 injection of a lethal quantity of an ultrashort-acting 2 barbiturate or other similar substance in combination with a 3 chemical paralytic agent until the person is dead, under the 4 direction of the Secretary of Corrections or the secretary's 5 designee. 6 (2) A person convicted and sentenced to death for a 7 capital crime committed before July 1, 1998, shall be executed 8 by electrocution or, at the election of the person, by lethal 9 injection. Election of lethal injection as the method of 10 execution shall be waived, unless a written election is made 7 11 days before the execution date, or within 24 hours before the 12 scheduled execution when the time period is less than 7 days. 13 Once a person makes an election of lethal injection under this 14 section, that election applies to all successive dates of 15 execution. 16 (3) A lethal injection may be administered by any 17 person qualified to administer intravenous injections. 18 Administration of a lethal injection does not constitute the 19 practice of medicine. 20 (4) If execution by lethal injection under this 21 section is held to be unconstitutional by an appellate court 22 of competent jurisdiction, or is otherwise not possible, then 23 execution shall be by electrocution. 24 (5) The Department of Corrections' policies and 25 procedures for execution of persons sentenced to death are 26 exempt from chapter 120. 27 (6) A death sentence shall be executed by 28 electrocution. The superintendent warden of the state prison 29 shall designate the executioner. Information which, if 30 released, would identify the executioner or person 31 administering the lethal injection is confidential and exempt 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 196 28-12-98 See HB 3033 1 from the provisions of s. 119.07(1) and s. 24(a), Art. I of 2 the State Constitution. The warrant authorizing the execution 3 shall be read to the convicted person immediately before 4 execution. 5 Section 2. This act shall take effect July 1, 1998. 6 7 ***************************************** 8 LEGISLATIVE SUMMARY 9 Provides for execution of the death penalty by means of 10 lethal injection for a person sentenced to death for a capital crime committed on or after July 1, 1998. 11 Provides for election of lethal injection by certain persons sentenced to death for capital offenses committed 12 before July 1, 1998. Provides for administration of the lethal injection. Provides for execution by electrocution 13 under specified circumstances. Provides an exemption from chapter 120, F.S., relating to the Administrative 14 Procedures Act, for the policies and procedures of the Department of Corrections relating to execution. Provides 15 for designation of the executioner by the superintendent. Provides for confidentiality of information identifying 16 the person administering the lethal injection. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3