Introduced Version






SENATE BILL No. 122

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-38-6-6.

Synopsis: Viewing of execution by victim's family. Permits a family member of a victim to view the execution of a convicted person, and permits the superintendent of the state prison to exclude persons from viewing the execution if the number of witnesses would unduly crowd the viewing chamber.

Effective: July 1, 2006.





Waterman




    January 9, 2006, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

Second Regular Session 114th General Assembly (2006)


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SENATE BILL No. 122



    A BILL FOR AN ACT to amend the Indiana Code concerning corrections.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-38-6-6; (06)IN0122.1.1. -->     SECTION 1. IC 35-38-6-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) Only the following persons may be present at the execution:
        (1) The superintendent of the state prison.
        (2) The person designated by the superintendent of the state prison and any assistants who are necessary to assist in the execution.
        (3) The prison physician.
        (4) One (1) other physician.
        (5) The spiritual advisor of the convicted person.
        (6) The prison chaplain.
        (7) Not more than ten (10) friends or relatives of the convicted person who are invited by the convicted person to attend.
         (8) A parent, spouse, child, or sibling of the victim.
    (b) The superintendent of the state prison may exclude a person from viewing the execution if the superintendent determines that:
        (1) the presence of the person would threaten the safety or

security of the state prison; and sets or
        (2) the number of persons intending to be present at the execution would unduly crowd the viewing chamber.
If the superintendent excludes a person from viewing an execution under this subsection, the superintendent shall
set forth this determination in writing.
    (c) The department of correction:
        (1) shall keep confidential the identities of persons who assist the superintendent of the state prison in an execution; and
        (2) may:
            (A) classify as confidential; and
            (B) withhold from the public;
        any part of a document relating to an execution that would reveal the identity of a person who assists the superintendent in the execution.