Session of 1999
HOUSE BILL No. 2093
By Joint Committee on Corrections and Juvenile Justice Oversight
1-22
9 AN ACT concerning crimes, punishment and criminal procedure; relat-
10 ing to capital murder; execution of death sentences; amending K.S.A.
11 22-4001, 22-4003, 22-4006, 22-4009, 22-4011, 22-4012, 22-4013 and
12 22-4014 and repealing the existing sections; also repealing K.S.A. 22-
13 4015.
14
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 22-4001 is hereby amended to read as follows: 22-
17 4001. (a) Subject to the provisions of this act, The mode of carrying out
18 a sentence of death in this state shall be by intravenous injection of a
19 substance or substances in a quantity sufficient to cause death in a swift
20 and humane manner.
21 (b) The secretary of corrections shall supervise the carrying out of
22 each sentence of death and shall determine the procedures therefor,
23 which shall be consistent with this act and the other laws of the state.
24 The secretary of corrections shall designate one or more executioners and
25 other persons necessary to assist in carrying out the sentence of death as
26 provided in this section. The identity of executioners and other persons
27 designated to assist in carrying out the sentence of death shall be
28 confidential.
29 (c) In order to provide The secretary of corrections with assistance
30 in selecting shall select the type of substance or substances to be admin-
31 istered in carrying out a sentence of death by intravenous injection in a
32 swift and humane manner,. The secretary shall appoint a panel of three
33 persons to advise the secretary, one of whom shall be a pharmacologist,
34 one of whom shall be a toxicologist and one of whom shall be an anes-
35 thesiologist. The panel shall also advise the secretary of corrections con-
36 cerning matters related to K.S.A. 22-4015. The panel shall meet upon the
37 call of the secretary and, for the performance of their official duties, panel
38 members shall be paid compensation, subsistence allowances, mileage
39 and other expenses as provided in K.S.A. 75-3223 and amendments
40 thereto. of health and environment shall certify to the secretary of cor-
41 rections that the substance or substances selected by the secretary of cor-
42 rections will result in death in a swift and humane manner. If the secretary
43 of corrections desires to change the substance or substances to be admin-
44 istered from those previously certified by the secretary of health and en-
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1 vironment, the proposed substance or substances must likewise be certi-
2 fied as provided in this section.
3 (d) The secretary of corrections may designate in writing a warden
4 of one of the correctional institutions under the secretary's supervision to
5 perform the duties imposed upon the secretary by this section and by
6 K.S.A. 22-4002, 22-4003, 22-4013 and 22-4014, and amendments thereto.
7 Sec. 2. K.S.A. 22-4003 is hereby amended to read as follows: 22-
8 4003. (a) Besides the secretary of corrections or the warden designated
9 by the secretary, the executioner and persons designated pursuant to
10 K.S.A. 22-4001 and amendments thereto to assist in the execution, the
11 following persons, and no others, may be present at the execution: The
12 (1) A member of the clergy attending the prisoner,; (2) not more than
13 three persons designated by the prisoner; and (3) not more than six 10
14 persons designated by the secretary of corrections. as official witnesses.
15 The secretary shall consider the inclusion of members of the immediate
16 family of any deceased victim of the prisoner as witnesses when desig-
17 nating official witnesses. The identity of persons present at the execution,
18 other than the secretary or the warden designated by the secretary, shall
19 be confidential. A witness may elect to reveal such witness' own identity,
20 but in no event shall a witness reveal the identity of any other person
21 present at the execution.
22 (b) All witnesses must be 18 years of age or older.
23 (c) The secretary may deny the attendance of any person selected or
24 designated as a witness.
25 (d) As used in this section, "members of the immediate family" means
26 the spouse, a child by birth or adoption, a stepchild, a parent, a grand-
27 parent, a grandchild, a sibling, or the spouse of any member of the im-
28 mediate family specified in this subsection.
29 Sec. 3. K.S.A. 22-4006 is hereby amended to read as follows: 22-
30 4006. (a) At any time prior to execution, a convict under sentence of
31 death, such convict's counsel or the warden of the correctional institution
32 or sheriff having custody of such convict may request a determination of
33 the convict's sanity by a district judge of the judicial district in which such
34 convict was tried and sentenced. If the district judge determines that
35 there is not sufficient reason to believe that the convict is insane, the
36 judge shall so find and refuse to suspend the execution of such convict.
37 If the district judge determines that there is sufficient reason to believe
38 that the convict is insane, the judge shall suspend the execution and con-
39 duct a hearing to determine the sanity of the convict.
40 (b) At the hearing, the district judge shall determine the issue of the
41 convict's sanity. The judge shall order a psychiatric or psychological ex-
42 amination of the convict. For that purpose, the court shall appoint two
43 licensed physicians or licensed psychologists, or one of each, qualified by
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1 training and practice to make such examination, to examine the convict
2 and report their findings in writing to the judge within 10 days after the
3 order of examination is issued. The convict shall have the right to present
4 evidence and cross-examine any witnesses at the hearing. No statement
5 made by the convict in the course of any examination provided for by this
6 section, whether or not the convict consents to the examination, shall be
7 admitted in evidence against the convict in any criminal proceeding.
8 (c) If, at the conclusion of a hearing pursuant to this section, the judge
9 determines that the convict is sane, the judge shall enter an order setting
10 a date for the convict's execution, which shall be carried into effect in the
11 same manner as provided in the original sentence recording the deter-
12 mination. A copy of the order shall be sent by mail delivered to the clerk
13 of the supreme court and to the secretary of corrections. Upon receipt of
14 the order, the supreme court shall issue to the secretary of corrections a
15 warrant under seal of the supreme court, commanding the secretary or a
16 warden designated pursuant to K.S.A. 22-4001 and amendments thereto
17 to proceed to carry out the sentence of execution during the week desig-
18 nated by the supreme court. A copy of the warrant shall be delivered to
19 the secretary of corrections and the clerk of the district court.
20 (d) If, at the conclusion of a hearing pursuant to this section, the
21 judge determines that the convict is insane, the judge shall suspend the
22 execution until further order. The judge shall enter an order recording
23 the determination. A copy of the order shall be delivered to the clerk of
24 the supreme court and the secretary of corrections. Upon receipt of the
25 order, the supreme court shall issue to the secretary of corrections a war-
26 rant under seal of the supreme court suspending the sentence. A copy of
27 the warrant shall be delivered to the secretary of corrections and the clerk
28 of the district court. Any time thereafter when the judge has sufficient
29 reason to believe that the convict has become sane, the judge shall again
30 determine the sanity of the convict as provided by this section. Proceed-
31 ings pursuant to this section may continue to be held at such times as the
32 district judge orders until it is either determined that such convict is sane
33 or incurably insane.
34 Sec. 4. K.S.A. 22-4009 is hereby amended to read as follows: 22-
35 4009. (a) If a convict under sentence of death appears to be pregnant or
36 alleges to be pregnant, the person having custody of the convict shall
37 notify the secretary of corrections. The secretary shall designate one or
38 more licensed physicians to examine the convict to determine if the con-
39 vict is pregnant. If the convict is not pregnant, the execution shall be
40 carried out as previously ordered. If the convict is pregnant, the secretary
41 of corrections shall notify the administrative judge of the judicial district
42 where the conviction was rendered and the execution of the sentence of
43 death shall be postponed. If the convict is not pregnant, the execution
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1 shall be carried out as previously ordered. clerk of the supreme court.
2 Upon receipt of the notice, the supreme court shall issue to the secretary
3 of corrections a warrant under seal of the supreme court postponing the
4 execution of the sentence of death. A copy of the warrant shall be delivered
5 to the secretary of corrections and the clerk of the district court.
6 (b) When the execution of a sentence of death is postponed because
7 of pregnancy, the judge secretary of corrections shall wait until the child
8 is born or the pregnancy is otherwise terminated and then the judge
9 secretary shall fix the date for the execution notify the clerk of the supreme
10 court of the birth of the child or termination of the pregnancy. Upon
11 receipt of the notice, the supreme court shall issue to the secretary of
12 corrections a warrant under seal of the supreme court, commanding the
13 secretary or a warden designated pursuant to K.S.A. 22-4001 and amend-
14 ments thereto to proceed to carry out the sentence of execution during the
15 week designated by the supreme court. A copy of the warrant shall be
16 delivered to the secretary of corrections and the clerk of the district court.
17 At any time during the postponement of the execution, the judge secre-
18 tary may order an examination as provided in this section to determine
19 whether the convict remains pregnant. The costs of each medical exam-
20 ination conducted pursuant to this section shall be paid by the county
21 where the case originated.
22 Sec. 5. K.S.A. 22-4011 is hereby amended to read as follows: 22-
23 4011. If any person who has been sentenced to death escapes and is not
24 retaken before the time fixed for execution, it shall be lawful for any
25 sheriff or other officer or person to rearrest and return the person to the
26 custody of the secretary of corrections. Upon such return to custody, the
27 secretary of corrections shall give notice thereof to the governor clerk of
28 the supreme court. Upon receipt of such notice, the governor shall issue
29 a warrant fixing and appointing a day for the execution, supreme court
30 shall issue to the secretary of corrections a warrant under seal of the
31 supreme court, commanding the secretary or a warden designated pur-
32 suant to K.S.A. 22-4001 and amendments thereto to proceed to carry out
33 the sentence of execution during the week designated by the supreme court
34 which shall be carried into effect in the same manner as provided by
35 statute for the execution of an original sentence of death. A copy of the
36 warrant shall be delivered to the secretary of corrections and the clerk of
37 the district court.
38 Sec. 6. K.S.A. 22-4012 is hereby amended to read as follows: 22-
39 4012. Whenever any person has been sentenced to death, it shall be the
40 duty of the clerk of the court before which the conviction was rendered
41 to issue a warrant an order, under the seal of the court, which shall recite
42 the conviction and sentence and be directed to the secretary of correc-
43 tions. The clerk shall deliver the warrant order to the sheriff of the county
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1 in which the conviction was rendered, and such sheriff shall promptly
2 transport such convicted person to the state correctional institution des-
3 ignated by the secretary of corrections and deliver such convict, together
4 with the warrant order, into the custody of the warden of the designated
5 institution, who shall receive and safely keep such convict until the time
6 of execution, or until otherwise ordered by the secretary or other com-
7 petent authority. The warden shall notify the secretary of corrections of
8 the receipt of the convict and warrant order.
9 Sec. 7. K.S.A. 22-4013 is hereby amended to read as follows: 22-
10 4013. (a) It shall be the duty of the secretary of corrections or the warden
11 designated by the secretary to proceed at the time fixed in accordance
12 with law to execute a sentence of death in the manner prescribed by this
13 act.
14 (b) Upon receipt of an order of the district court as provided by this
15 act, the supreme court shall issue to the secretary of corrections a warrant
16 under seal of the supreme court, commanding the secretary or a warden
17 designated pursuant to K.S.A. 22-4001 and amendments thereto to pro-
18 ceed to carry out the sentence of execution during the week designated by
19 the supreme court. The week designated in the warrant shall be sufficient
20 to enable the secretary to give notice as provided in subsection (c). A copy
21 of the warrant shall be delivered to the secretary of corrections and the
22 clerk of the district court. For purposes of this act, the term "week" shall
23 mean the time period from 12:01 a.m. Sunday through and including
24 11:59 p.m. the following Saturday. If the week designated in the warrant
25 commanding the execution of a death sentence begins on a day of the week
26 other than a Sunday, or sets out a particular date for the execution, the
27 secretary of corrections shall notify the clerk of the supreme court.
28 (c) The secretary of corrections shall carry out the execution com-
29 manded by the warrant issued by the supreme court during the week
30 designated by the supreme court on a date selected by the secretary. The
31 secretary shall give notice of the date selected by the secretary for the
32 execution at least seven calendar days before the execution to the clerk of
33 the supreme court, the clerk of the district court in which the defendant
34 was convicted, the defendant, the defendant's counsel and the attorney
35 general. The secretary may carry out the execution at any time during
36 the date selected or as soon thereafter as the secretary deems appropriate.
37 Sec. 8. K.S.A. 22-4014 is hereby amended to read as follows: 22-
38 4014. If the supreme court orders a suspension of the execution of a
39 sentence of death, the suspension shall continue until the proceedings
40 are determined. If, after determining the same, the sentence is affirmed,
41 the supreme court shall order the execution of the sentence of death and
42 shall designate a day therefor week during which the sentence of execution
43 shall be carried out. It shall be the duty of the clerk of the supreme court
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1 to issue to the secretary of corrections a warrant under the seal of the
2 court, commanding the secretary or a warden designated pursuant to
3 K.S.A. 22-4001 and amendments thereto to proceed to carry the sentence
4 into execution at the time appointed during the week designated by the
5 court, which time. The week during which the sentence of execution is to
6 be carried out shall be stated in the warrant. Upon receipt of the warrant
7 it shall be the duty of the secretary of corrections to cause the sentence
8 to be executed as provided by this act at during the time designated by
9 the court.
10 Sec. 9. K.S.A. 22-4001, 22-4003, 22-4006, 22-4009, 22-4011, 22-
11 4012, 22-4013, 22-4014 and 22-4015 are hereby repealed.
12 Sec. 10. This act shall take effect and be in force from and after its
13 publication in the statute book.