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SPONSOR: |
Regensberg |
DATE TYPED: |
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HB |
342 |
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SHORT TITLE: |
Additional Means of Punishment of Death |
SB |
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ANALYST: |
Maloy |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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See Narrative |
Recurring |
General
Fund |
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Responses Received From
Administrative Offices of the District Attorneys
Corrections Department
Department of Public Safety
Adult Parole Board
Administrative Offices of the Courts
SUMMARY
Synopsis of Bill
House Bill 342 allows
defendants sentenced to death to choose from five methods of execution. The options include:
1.
intravenous injection
2.
hanging
3.
firing squad
4.
lethal gas
5.
electrocution
The defendant may,
within sixty days after being delivered to the warden of the state penitentiary
at
A defendant who
declines a choice, or fails to make a choice, will be executed according to lethal
injection.
Significant Issues
·
This legislation must be scrutinized for
constitutional implications, both federal and state. Have any of the options been ruled “cruel and
unusual” by the Courts in
· Undoubtedly, the legality/constitutionality of this bill would be challenged, thereby affecting the Courts, the District Attorney’s Office, the Public Defender’s Office, and other related agencies.
FISCAL IMPLICATIONS
HB 342 contains no appropriation. The bill will increase costs to the Corrections Department in later years because the Department will be required to perform executions in different manners. For instance, the Department would have to purchase a “gas chamber” and an electric chair.
As noted above, HB 342 will
also increase costs to the Courts, District Attorney’s Office, Public
Defender’s Office, and other related agencies.
SJM/prr