[As Amended by Senate on Final Action]
         
As Amended by Senate Committee
         
Session of 1999
         
SENATE BILL No. 343
         
By Committee on Federal and State Affairs
         
2-26
         
11             AN  ACT concerning crimes, punishment and criminal procedure; relat-
12             ing to capital murder; execution of death sentences; amending K.S.A.
13             22-4001, 22-4003, 22-4006, 22-4009, 22-4011, 22-4012, 22-4013 and
14             22-4014 and repealing the existing sections; also repealing K.S.A. 22-
15             4015.
16      
17       Be it enacted by the Legislature of the State of Kansas:
18             Section  1. K.S.A. 22-4001 is hereby amended to read as follows: 22-
19       4001. (a) Subject to the provisions of this act, The mode of carrying out
20       a sentence of death in this state shall be by intravenous injection of a
21       substance or substances in a quantity sufficient to cause death in a swift
22       and humane manner.
23             (b) The secretary of corrections shall supervise the carrying out of
24       each sentence of death and shall determine the procedures therefor,
25       which shall be consistent with this act and the other laws of the state.
26       The secretary of corrections shall designate one or more executioners and
27       other persons necessary to assist in carrying out the sentence of death as
28       provided in this section. The identity of executioners and other persons
29       designated to assist in carrying out the sentence of death shall be
30       confidential.
31             (c) In order to provide The secretary of corrections with assistance
32       in selecting shall select the type of substance or substances to be admin-
33       istered in carrying out a sentence of death by intravenous injection in a
34       swift and humane manner,. The secretary shall appoint a panel of three
35       persons to advise the secretary, one of whom shall be a pharmacologist,
36       one of whom shall be a toxicologist and one of whom shall be an anes-
37       thesiologist. The panel shall also advise the secretary of corrections con-
38       cerning matters related to K.S.A. 22-4015. The panel shall meet upon the
39       call of the secretary and, for the performance of their official duties, panel
40       members shall be paid compensation, subsistence allowances, mileage
41       and other expenses as provided in K.S.A. 75-3223 and amendments
42       thereto. of health and environment shall certify to the secretary of cor-

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  1       rections that the substance or substances selected by the secretary of cor-
  2       rections will result in death in a swift and humane manner. If the secretary
  3       of corrections desires to change the substance or substances to be admin-
  4       istered from those previously certified by the secretary of health and en-
  5       vironment, the proposed substance or substances also shall be certified as
  6       provided in this section.
  7             (d) The secretary of corrections may designate in writing a warden
  8       of one of the correctional institutions under the secretary's supervision to
  9       perform the duties imposed upon the secretary by this section and by
10       K.S.A. 22-4002, 22-4003, 22-4013 and 22-4014, and amendments thereto.
11             Sec.  2. K.S.A. 22-4003 is hereby amended to read as follows: 22-
12       4003. Besides (a) In addition to the secretary of corrections or the warden
13       designated by the secretary, the executioner and persons designated pur-
14       suant to K.S.A. 22-4001, and amendments thereto, to assist in the exe-
15       cution, the following persons, and no others, may be present at the exe-
16       cution: The (1) A member of the clergy attending the prisoner,; (2) not
17       more than three persons designated by the prisoner; and (3) not more
18       than six 10 persons designated by the secretary of corrections. as official
19       witnesses. The secretary shall consider the inclusion of members of the
20       immediate family of any deceased victim of the prisoner as witnesses when
21       designating official witnesses. The identity of persons present at the exe-
22       cution, other than the secretary or the warden designated by the secretary,
23       shall be confidential. A witness may elect to reveal such witness' own
24       identity, but in no event shall a witness reveal the identity of any other
25       person present at the execution.
26             (b) All witnesses shall be 18 years of age or older.
27             (c) The secretary may deny the attendance of any person selected or
28       designated as a witness. (c) At any time prior to and during the
29       execution, if the secretary determines it is in the best interest of a
30       person selected or designated as a witness or in order to preserve
31       the dignity of the proceedings, the secretary may deny the attend-
32       ance of such person or any other person selected or designated as
33       a witness.
34        [(c) The secretary may deny the attendance of any person se-
35       lected or designated as a witness when the secretary determines it
36       is necessary for reasons of security and order of the institution.]
37             (d) As used in this section, "members of the immediate family" means
38       the spouse, a child by birth or adoption, stepchild, parent, grandparent,
39       grandchild, sibling or the spouse of any member of the immediate family
40       specified in this subsection.
41             Sec.  3. K.S.A. 22-4006 is hereby amended to read as follows: 22-
42       4006. (a) At any time prior to execution, a convict under sentence of
43       death, such convict's counsel or the warden of the correctional institution

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  1       or sheriff having custody of such convict may request a determination of
  2       the convict's sanity by a district judge of the judicial district in which such
  3       convict was tried and sentenced. If the district judge determines that
  4       there is not sufficient reason to believe that the convict is insane, the
  5       judge shall so find and refuse to suspend the execution of such convict.
  6       If the district judge determines that there is sufficient reason to believe
  7       that the convict is insane, the judge shall suspend the execution and con-
  8       duct a hearing to determine the sanity of the convict.
  9             (b) At the hearing, the district judge shall determine the issue of the
10       convict's sanity. The judge shall order a psychiatric or psychological ex-
11       amination of the convict. For that purpose, the court shall appoint two
12       licensed physicians or licensed psychologists, or one of each, qualified by
13       training and practice to make such examination, to examine the convict
14       and report their findings in writing to the judge within 10 days after the
15       order of examination is issued. The convict shall have the right to present
16       evidence and cross-examine any witnesses at the hearing. No statement
17       made by the convict in the course of any examination provided for by this
18       section, whether or not the convict consents to the examination, shall be
19       admitted in evidence against the convict in any criminal proceeding.
20             (c) If, at the conclusion of a hearing pursuant to this section, the judge
21       determines that the convict is sane, the judge shall enter an order setting
22       a date for the convict's execution, which shall be carried into effect in the
23       same manner as provided in the original sentence recording the deter-
24       mination. A copy of the order shall be sent by mail delivered to the clerk
25       of the supreme court and to the secretary of corrections. Upon receipt of
26       the order, the supreme court shall issue to the secretary of corrections a
27       warrant under seal of the supreme court, commanding the secretary or a
28       warden designated pursuant to K.S.A. 22-4001, and amendments thereto,
29       to proceed to carry out the sentence of execution during the week desig-
30       nated by the supreme court. A copy of the warrant shall be delivered to
31       the secretary of corrections and the clerk of the district court.
32             (d) If, at the conclusion of a hearing pursuant to this section, the
33       judge determines that the convict is insane, the judge shall suspend the
34       execution until further order. The judge shall enter an order recording
35       the determination. A copy of the order shall be delivered to the clerk of
36       the supreme court and the secretary of corrections. Upon receipt of the
37       order, the supreme court shall issue to the secretary of corrections a war-
38       rant under seal of the supreme court suspending the sentence. A copy of
39       the warrant shall be delivered to the secretary of corrections and the clerk
40       of the district court. Any time thereafter when the judge has sufficient
41       reason to believe that the convict has become sane, the judge shall again
42       shall determine the sanity of the convict as provided by this section. Pro-
43       ceedings pursuant to this section may continue to be held at such times

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  1       as the district judge orders until it is either determined either that such
  2       convict is sane or incurably insane.
  3             Sec.  4. K.S.A. 22-4009 is hereby amended to read as follows: 22-
  4       4009. (a) If a convict under sentence of death appears to be pregnant or
  5       alleges to be pregnant, the person having custody of the convict shall
  6       notify the secretary of corrections. The secretary shall designate one or
  7       more licensed physicians to examine the convict to determine if the con-
  8       vict is pregnant. If the convict is not pregnant, the execution shall be
  9       carried out as previously ordered. If the convict is pregnant, the secretary
10       of corrections shall notify the administrative judge of the judicial district
11       where the conviction was rendered and the execution of the sentence of
12       death shall be postponed. If the convict is not pregnant, the execution
13       shall be carried out as previously ordered. clerk of the supreme court.
14       Upon receipt of the notice, the supreme court shall issue to the secretary
15       of corrections a warrant under seal of the supreme court postponing the
16       execution of the sentence of death. A copy of the warrant shall be delivered
17       to the secretary of corrections and the clerk of the district court.
18             (b) When the execution of a sentence of death is postponed because
19       of pregnancy, the judge secretary of corrections shall wait until the child
20       is born or the pregnancy is otherwise terminated and then the judge
21       secretary shall fix the date for the execution notify the clerk of the supreme
22       court of the birth of the child or termination of the pregnancy. Upon
23       receipt of the notice, the supreme court shall issue to the secretary of
24       corrections a warrant under seal of the supreme court, commanding the
25       secretary or a warden designated pursuant to K.S.A. 22-4001, and amend-
26       ments thereto, to proceed to carry out the sentence of execution during
27       the week designated by the supreme court. A copy of the warrant shall
28       be delivered to the secretary of corrections and the clerk of the district
29       court. At any time during the postponement of the execution, the judge
30       secretary may order an examination as provided in this section to deter-
31       mine whether the convict remains pregnant. The costs of each medical
32       examination conducted pursuant to this section shall be paid by the
33       county where the case originated.
34             Sec.  5. K.S.A. 22-4011 is hereby amended to read as follows: 22-
35       4011. If any person who has been sentenced to death escapes and is not
36       retaken before the time fixed for execution, it shall be lawful for any
37       sheriff or other officer or person to rearrest and return the person to the
38       custody of the secretary of corrections. Upon such return to custody, the
39       secretary of corrections shall give notice thereof to the governor clerk of
40       the supreme court. Upon receipt of such notice, the governor shall issue
41       a warrant fixing and appointing a day for the execution, supreme court
42       shall issue to the secretary of corrections a warrant under seal of the
43       supreme court, commanding the secretary or a warden designated pur-

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  1       suant to K.S.A. 22-4001, and amendments thereto, to proceed to carry
  2       out the sentence of execution during the week designated by the supreme
  3       court which shall be carried into effect in the same manner as provided
  4       by statute for the execution of an original sentence of death. A copy of
  5       the warrant shall be delivered to the secretary of corrections and the clerk
  6       of the district court.
  7             Sec.  6. K.S.A. 22-4012 is hereby amended to read as follows: 22-
  8       4012. Whenever any person has been sentenced to death, it shall be the
  9       duty of the clerk of the court before which the conviction was rendered
10       to issue a warrant an order, under the seal of the court, which shall recite
11       the conviction and sentence and be directed to the secretary of correc-
12       tions. The clerk shall deliver the warrant order to the sheriff of the county
13       in which the conviction was rendered, and such sheriff shall promptly
14       shall transport such convicted person to the state correctional institution
15       designated by the secretary of corrections and deliver such convict, to-
16       gether with the warrant order, into the custody of the warden of the
17       designated institution, who shall receive and safely keep such convict until
18       the time of execution, or until otherwise ordered by the secretary or other
19       competent authority. The warden shall notify the secretary of corrections
20       of the receipt of the convict and warrant such order.
21             Sec.  7. K.S.A. 22-4013 is hereby amended to read as follows: 22-
22       4013. (a) It shall be the duty of the secretary of corrections or the warden
23       designated by the secretary to proceed at the time fixed in accordance
24       with law to execute a sentence of death in the manner prescribed by this
25       act.
26             (b) Upon receipt of an order of the district court as provided by this
27       act, the supreme court shall issue to the secretary of corrections a warrant
28       under seal of the supreme court, commanding the secretary or a warden
29       designated pursuant to K.S.A. 22-4001, and amendments thereto, to pro-
30       ceed to carry out the sentence of execution during the week designated by
31       the supreme court. The week designated in the warrant shall be sufficient
32       to enable the secretary to give notice as provided in subsection (c). A copy
33       of the warrant shall be delivered to the secretary of corrections and the
34       clerk of the district court. For purposes of this act, the term "week" shall
35       mean the time period from 12:01 a.m. Sunday through and including
36       11:59 p.m. the following Saturday. If the week designated in the warrant
37       commanding the execution of a death sentence begins on a day of the week
38       other than a Sunday, or sets out a particular date for the execution, the
39       secretary of corrections shall notify the clerk of the supreme court.
40             (c) The secretary of corrections shall carry out the execution com-
41       manded by the warrant issued by the supreme court during the week
42       designated by the supreme court on a date selected by the secretary. The
43       secretary shall give notice of the date selected by the secretary for the

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  1       execution at least seven calendar days before the execution to the clerk of
  2       the supreme court, the clerk of the district court in which the defendant
  3       was convicted, the defendant, the defendant's counsel and the attorney
  4       general. The secretary may carry out the execution at any time during
  5       the date selected or as soon thereafter as the secretary deems appropriate.
  6             Sec.  8. K.S.A. 22-4014 is hereby amended to read as follows: 22-
  7       4014. If the supreme court orders a suspension of the execution of a
  8       sentence of death, the suspension shall continue until the proceedings
  9       are determined. If, after determining the same, If a sentence of exe-
10       cution is suspended by an order of a court, the suspension shall
11       continue until the supreme court orders otherwise. If the sentence
12       is affirmed, the supreme court shall order the execution of the sentence
13       of death and shall designate a day therefor week during which the sen-
14       tence of execution shall be carried out [if the week previously desig-
15       nated by the court has passed. Otherwise, the execution shall be
16       carried out during the week previously designated by the court]. It
17       shall be the duty of the clerk of the supreme court to issue to the secretary
18       of corrections a warrant under the seal of the court, commanding the
19       secretary or a warden designated pursuant to K.S.A. 22-4001, and amend-
20       ments thereto, to proceed to carry the sentence into execution at the time
21       appointed during the week designated by the court, which time. The week
22       during which the sentence of execution is to be carried out shall be stated
23       in the warrant. Upon receipt of the warrant it shall be the duty of the
24       secretary of corrections to cause the sentence to be executed as provided
25       by this act at during the time designated by the court. 
26       Sec.  9. K.S.A. 22-4001, 22-4003, 22-4006, 22-4009, 22-4011, 22-
27       4012, 22-4013, 22-4014 and 22-4015 are hereby repealed.
28        Sec.  10. This act shall take effect and be in force from and after its
29       publication in the statute book.