BY REPRESENTATIVES Spradley, K. Alexander, Allen, Anderson, Arrington, Gotlieb, Lamborn, Lawrence, McPherson, Miller, Musgrave, Sinclair, Smith, and Tool;
also SENATORS Chlouber, Arnold, Dennis, Powers, and
Wham.
CONCERNING PROCEDURES RELATED TO THE EXECUTION OF
PRISONERS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, AND,
IN CONNECTION THEREWITH, ELIMINATING THE PROHIBITION AGAINST THE
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAKING THE
DAY AND HOUR OF EXECUTIONS PUBLIC AND INCREASING THE NUMBER OF
WITNESSES WHO MAY ATTEND EXECUTIONS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1611404,
Colorado Revised Statutes, is amended to read:
1611404. Execution
witnesses. The particular day and hour
of the execution of said sentence within the week specified in
said warrant shall be fixed by the executive director of the department
of corrections or his designee but
shall not be made public by him, and he
THE EXECUTIVE DIRECTOR'S DESIGNEE, AND THE EXECUTIVE DIRECTOR
shall be present thereat or shall appoint some other representative
among the officials or officers of the correctional facilities
at Canon City to be present in his OR HER place and stead. There
shall also be present a physician and such guards, attendants,
and other persons as the executive director or his
THE EXECUTIVE DIRECTOR'S designee in his OR HER discretion deems
NECESSARY TO CONDUCT THE EXECUTION. IN ADDITION, THERE MAY BE
PRESENT SUCH WITNESSES AS THE EXECUTIVE DIRECTOR OR THE EXECUTIVE
DIRECTOR'S DESIGNEE IN HIS OR HER DISCRETION DEEMS desirable,
not to exceed fifteen
EIGHTEEN persons. The executive director or his
THE EXECUTIVE DIRECTOR'S designee shall notify the governor of
the day and hour for the execution as soon as it has been fixed.
SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO