71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 610
 
                           A-Engrossed
 
                         House Bill 2096
                  Ordered by the House March 29
            Including House Amendments dated March 29
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for the Department of Corrections)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Allows Director of Department of Corrections to adopt
rules regulating steps in process of execution that witnesses may
observe. - }  { +
  Requires superintendent of Department of Corrections
institution where execution will take place to invite
representatives from the media. Permits superintendent to require
viewing of initial execution procedures by simultaneous closed
circuit television. + }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to executions; amending ORS 137.473; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 137.473 is amended to read:
  137.473. (1) The punishment of death shall be inflicted by the
intravenous administration of a lethal quantity of an
ultra-short-acting barbiturate in combination with a chemical
paralytic agent and potassium chloride or other equally effective
substances sufficient to cause death. The judgment shall be
executed by the superintendent of the Department of Corrections
institution in which the execution takes place, or by the
designee of that superintendent. All executions shall take place
within the enclosure of a Department of Corrections institution
designated by the Director of the Department of Corrections. The
superintendent of the institution shall be present at the
execution and shall invite the presence of one or more
physicians, the Attorney General { + , + }   { - and - }  the
sheriff of the county in which the judgment was rendered { +  and
representatives from the media + }. At the request of the
defendant, the superintendent shall allow no more than two
clergymen designated by the defendant to be present at the
execution. At the discretion of the superintendent, no more than
five friends and relatives designated by the defendant may be
present at the execution. The superintendent shall allow the
 
presence of any peace officers as the superintendent thinks
expedient.
  (2) The person who administers the lethal injection under
subsection (1) of this section shall not thereby be considered to
be engaged in the practice of medicine.
  (3)(a) Any wholesale drug outlet, as defined in ORS 689.005,
registered with the State Board of Pharmacy under ORS 689.305 may
provide the lethal substance or substances described in
subsection (1) of this section upon written order of the Director
of the Department of Corrections, accompanied by a certified copy
of the judgment of the court imposing the punishment.
  (b) For purposes of ORS 689.765 (8) the director shall be
considered authorized to purchase the lethal substance or
substances described in subsection (1) of this section.
  (c) The lethal substance or substances described in subsection
(1) of this section are not controlled substances when purchased,
possessed or used for purposes of this section.
   { +  (4) The superintendent may require that persons who are
present at the execution under subsection (1) of this section
view the initial execution procedures, prior to the point of the
administration of the lethal injection, by means of a
simultaneous closed circuit television transmission under the
direction and control of the superintendent. + }
  SECTION 2.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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