71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2096
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)
CHAPTER ................
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.
Enrolled House Bill 2096 (HB 2096-A) Page 1
(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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Passed by House April 4, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 9, 2001
...........................................................
President of Senate
Enrolled House Bill 2096 (HB 2096-A) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2096 (HB 2096-A) Page 3