Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0805.01 Michael Dohr x4347   HOUSE BILL 14-1197
                    HOUSE SPONSORSHIP
 Szabo, 
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 Appropriations
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning limiting the governor's authority to grant a
            reprieve in a capital case.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill outlines the governor's authority related to granting a
       reprieve in a capital case. The governor may issue a reprieve only for 90
       days if administrative difficulties arise in carrying out the execution. An
       additional reprieve may be issued only if the administrative difficulties
       are not resolved during the 90 days. If the governor grants a reprieve, he
       or she shall provide notice of the reprieve to the director of the
       department of corrections within 24 hours. The notice must include the
       basis for granting the reprieve.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, amend 16-17-101 as
       follows:
            16-17-101.  Governor may commute sentence - grant pardon
       - grant reprieve. (1) The governor is hereby fully authorized, when he
       or she deems it proper and advisable and consistent with the public
       interests and the rights and interests of the condemned, to commute the
       sentence in any case by reducing the penalty in a capital case to
       imprisonment for life or for a term of not less than twenty years at hard
       labor.
            (2) (a)  The governor may grant a reprieve in a capital case
       only for a specific period of time not to exceed ninety days when
       the governor finds there is cause. After the governor grants a
       reprieve, the governor shall not grant an additional reprieve
       unless the circumstances constituting cause are not resolved
       within the initial ninety days.
            (b)  If the governor grants a reprieve, the governor shall
       provide  notice of the reprieve, including the cause basis for the
       reprieve, to the director of the department of corrections
       within twenty-four hours of granting the reprieve.
            (c)  For purposes of this section and section 18-1.3-1202,
       C.R.S., "cause" is limited to circumstances related to
       administrative difficulties in carrying out the execution.
            SECTION 2.  In Colorado Revised Statutes, amend 18-1.3-1202
       as follows:
            18-1.3-1202.  Death penalty inflicted by lethal injection. The
       manner of inflicting the punishment of death shall be by the
       administration of a lethal injection within the time prescribed in this part
       12, unless for good cause the court or governor, pursuant to section
       16-17-101 (2), C.R.S., may prolong the time. For the purposes of this part
       12, "lethal injection" means a continuous intravenous injection of a lethal
       quantity of sodium thiopental or other equally or more effective substance
       sufficient to cause death. The manner of inflicting the punishment of
       death shall, in all circumstances, be by the administration of a lethal
       injection regardless of the date of the commission of the offense or
       offenses for which the death penalty is imposed.
            SECTION 3.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.