Death by Deadline, Part Two
State , So. State , 41 Fla. Weekly S Fla. Codifies that the death penalty shall not be imposed, and a court shall sentence a defendant to life imprisonment if a court accepts a plea of guilty but with intellectual disability or the jury or court finds in its verdict that the defendant is guilty but with intellectual disability.
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Georgia SR —Encourages district attorneys to seek the death penalty against defendants accused of murdering a law enforcement officer. Idaho HB —Requires that sexual assault evidence kits in death penalty cases be retained by the investigating agency until the sentence in the case has been carried out and no unapprehend persons associated with the offense exist. Mississippi HB —Amends the method of execution from continuous intravenous administration of a lethal quantity of an ultra short-acting barbiturate or other similar drug in combination with a chemical paralytic agent until death is pronounced.
Instead requires a sequential intravenous administration of: 1 an appropriate anesthetic or sedative, 2 a chemical paralytic agent; and 3 potassium chloride or other similarly effective substance until death is pronounced. Defines appropriate anesthetic or sedative as any substance that if properly administered in a sufficient quantity is likely to render the condemned inmate unconscious so that the execution should not entail a substantial risk of severe pain.
Provides that if lethal injection is found to be unconstitutional or is otherwise unavailable then the sentence be carried out by nitrogen hypoxia. If both lethal injection and nitrogen hypoxia are held to be unconstitutional or are otherwise unavailable, then the sentence will be carried out via electrocution. If lethal injection, nitrogen hypoxia, and electrocution are all held to be unconstitutional or are otherwise unavailable, then the sentence will be carried out by firing squad.
The Next To Die
Provides the corrections commissioner with the authority and discretion to select and obtain the substances and the means necessary to carry out an execution and authorizes the commissioner to adopt and promulgate rules and regulations as they deem necessary to implement this law. Ohio SB — Requires the clerk of a common pleas court to retain a copy of the original trial file when a death penalty is imposed. Specifies that there is no page limit on petitions for postconviction relief PCR in death penalty cases or on notices of appeal, responses, or briefs in appeals of denials of such relief.
Expands the time within which a person who has been sentenced to death and files a petition for PCR may amend the petition, to any time that is not later than days after the petition is filed, with or without leave or prejudice to the proceedings. Provides in specified circumstances for depositions, subpoenas, and discovery in PCR proceedings brought by a person who has been sentenced to death. Provides for orders protecting from undue oppression, burden, or expense if a person who has been sentenced to death files a petition for PCR and requests discovery or if the prosecuting attorney in the case requests discovery, and the court finds that justice requires the order.
Requires a judge hearing a PCR proceeding brought by a person who was sentenced to death to state specifically in the findings of fact and conclusions of law why each claim was either denied or granted. Oklahoma HB — Provides that the Uniform Controlled Dangerous Substances Act does not apply to the Department of Corrections or to any person who participates in the execution or administers one or more controlled dangerous substances. Oregon SB — Provides the court has discretion over the selection of alternate jurors and when alternate jurors are informed of alternate status. Utah HB — Adds targeting a law enforcement officer to the list of aggravating factors that make a murder eligible for capital punishment.
Alabama HB —Provides that a person convicted of a capital offense committed when they were under the age of 18 years can be sentenced to life imprisonment or life imprisonment without parole. California Proposition 66 — Changes procedures governing state court appeals and petitions challenging death penalty convictions and sentences. Designates superior court for initial petitions and limits successive petitions. Imposes time limits on state court death penalty review.
Requires appointed attorneys who take noncapital appeals to accept death penalty appeals. Exempts prison officials from existing regulation process for developing execution methods.
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Authorizes death row inmate transfers among California state prisons. States death row inmates must work and pay victim restitution.
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States other voter approved measures related to death penalty are null and void if this measure receives more affirmative votes. Florida HB —Modifies sentencing protocols in response to U. Supreme Court Case Hurst v. Requires prosecutors to give notice of their intent to seek the death penalty. Requires juries to find each aggravating factor by unanimous vote for a defendant to be eligible for a death sentence. Requires the jury to determine whether aggravating factors outweigh the mitigating circumstances in reaching its sentencing recommendation. Provides that at least 10 out of the 12 jurors must determine that death is an appropriate sentence for the recommendation of the jury to be a sentence of death.
Authorizes a court to impose life without the possibility of parole if the jury unanimously recommends a sentence of death. Mississippi SB — Specifies the manner for inflicting the punishment of death by continuous intravenous administration of certain lethal chemicals. Provides for the selection of an execution team and requires that the identity of the members thereof, as well as that of certain witnesses or certain suppliers of lethal injection chemicals remain confidential.
Prohibits certain disciplinary action against licensed team members or suppliers and provides for civil and criminal immunity. Nebraska Referendum — Reinstates the death penalty as a possible penalty for the crime of murder in the first degree by repealing Legislative Bill , passed in by the First Session of the th Nebraska Legislature.
Oklahoma Constitutional Amendment S— Amends the state constitution by adding a provision specifying that capital punishment is not cruel or unusual and does not violate any provision of the state constitution. Prohibits the reduction of a death sentence should a method of execution be found invalid, and provides that a death sentence shall remain in force until it can be carried out in a constitutional manner.
Authorizes the legislature to designate any constitutional method of execution. This article does not cite any sources. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. Nero Wolfe.
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