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.
January 9, 2006, read first time and referred to Committee on Corrections, Criminal, and
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
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
(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:
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
(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