Sec. 2949.22. (A)
Except as provided in division (B)(1)
of | 8 |
this section, aA death sentence shall be executed by causing
a | 9 |
current of electricity, of sufficient intensity to cause death,
to | 10 |
pass through the body of the person upon whom the sentence was | 11 |
imposed. The application of the current shall be continued until | 12 |
the person upon whom the sentence was imposed is dead. The
warden | 13 |
of the correctional institution in which the sentence is to be | 14 |
executed or another person selected by the director of | 15 |
rehabilitation and correction shall ensure that the death
sentence | 16 |
is executed. | 17 |
(B)(1) Any person sentenced to death may elect to be | 18 |
executed by lethal injection instead of by electrocution as | 19 |
described in division (A) of this section. The election shall be | 20 |
made no later than one week prior to the scheduled date of | 21 |
execution of the person by filing a written notice of the
election | 22 |
with the department of rehabilitation and correction.
If a person | 23 |
sentenced to death timely files with the department a
written | 24 |
notice of an election to be executed by lethal injection,
the | 25 |
person's death sentence shall be executed by causing the | 26 |
|
application to the person, upon whom the sentence was imposed, of | 27 |
|
a lethal injection of a drug or
combination of drugs of sufficient | 28 |
dosage to quickly and
painlessly
cause death
instead of by | 29 |
electrocution as described
in division (A) of this section. The | 30 |
|
application of the drug or
combination of drugs shall be continued | 31 |
|
until the person is dead.
The warden of the correctional | 32 |
|
institution in which the sentence is to
be executed or another | 33 |
|
person selected by the director of
rehabilitation and correction | 34 |
|
shall ensure that the death
sentence is executed. | 35 |
(2) Neither a person's timely filing of a written notice
of | 40 |
election under division (B)(1) of this section nor a person's | 41 |
failure to file or timely file a written notice of election under | 42 |
that division shall affect or waive any right of appeal or | 43 |
postconviction relief that may be available under the laws of
this | 44 |
state or the United States relative to the conviction for
which | 45 |
the sentence of death was imposed upon the person or
relative to | 46 |
the imposition or execution of that sentence of
death. | 47 |
(C)(B) A death sentence shall be executed within the walls | 48 |
|
of
the state correctional institution designated by the director | 49 |
|
of
rehabilitation and correction as the location for executions, | 50 |
|
within an enclosure to be prepared for that purpose, under the | 51 |
direction of the warden of the institution or, in
histhe
warden's | 52 |
|
absence, a
deputy warden, and on the day designated by the judge | 53 |
|
passing
sentence or otherwise designated by a court in the course | 54 |
|
of any
appellate or postconviction proceedings. The enclosure | 55 |
|
shall
exclude public view. | 56 |
(D) If a death sentence is required to be executed by
lethal | 57 |
injection because the person sentenced to death elected to
be | 58 |
executed by lethal injection pursuant to division (B)(1) of
this | 59 |
section and if the execution of a death sentence by lethal | 60 |
injection is determined to be unconstitutional, the death
sentence | 61 |
shall be executed by causing a current of electricity,
of | 62 |
sufficient intensity to cause death, to pass through the body
of | 63 |
the person upon whom the sentence was imposed. The
application of | 64 |
the current shall be continued until the person is
dead. The | 65 |
warden of the state correctional institution in which the sentence | 66 |
is to be executed or another person selected by the director of | 67 |
rehabilitation and correction shall ensure that the death
sentence | 68 |
is executed. | 69 |