SENATORS Oelslager, Spada

To amend sections 2949.22 and 2949.25 of the Revised

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Code to eliminate electrocution as an option for

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the execution of a death sentence, to require the

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use of lethal injection as the means of executing

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all death sentences, to provide a procedure for

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determining the manner of execution of a sentence

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of death if lethal injection is determined to be

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unconstitutional, and to declare an emergency.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 2949.22 and 2949.25 of the Revised	9
Code be amended to read as follows:	10

Sec. 2949.22.  (A) Except as provided in division (B)(1)(C)	11
of this section, a death sentence shall be executed by causing a	12
current of electricity, of sufficient intensity to cause death, to	13
pass through the body of the person upon whom the sentence was	14
imposed. The application of the current shall be continued until	15
the person upon whom the sentence was imposed is dead. The warden	16
of the correctional institution in which the sentence is to be	17
executed or another person selected by the director of	18
rehabilitation and correction shall ensure that the death sentence	19
is executed.	20

(B)(1) Any person sentenced to death may elect to be	21
executed by lethal injection instead of by electrocution as	22
described in division (A) of this section. The election shall be	23
made no later than one week prior to the scheduled date of	24
execution of the person by filing a written notice of the election	25
with the department of rehabilitation and correction. If a person	26
sentenced to death timely files with the department a written	27
notice of an election to be executed by lethal injection, the	28
person's death sentence shall be executed by causing the	29
application to the person, upon whom the sentence was imposed, of	30
a lethal injection of a drug or combination of drugs of sufficient	31
dosage to quickly and painlessly cause death instead of by	32
electrocution as described in division (A) of this section. The	33
application of the drug or combination of drugs shall be continued	34
until the person is dead. The warden of the correctional	35
institution in which the sentence is to be executed or another	36
person selected by the director of rehabilitation and correction	37
shall ensure that the death sentence is executed.	38

If a person sentenced to death does not timely file with the	39
department a written notice of election to be executed by lethal	40
injection, his death sentence shall be executed by electrocution	41
in accordance with division (A) of this section.	42

(2) Neither a person's timely filing of a written notice of	43
election under division (B)(1) of this section nor a person's	44
failure to file or timely file a written notice of election under	45
that division shall affect or waive any right of appeal or	46
postconviction relief that may be available under the laws of this	47
state or the United States relative to the conviction for which	48
the sentence of death was imposed upon the person or relative to	49
the imposition or execution of that sentence of death.	50

(C)(B) A death sentence shall be executed within the walls	51
of the state correctional institution designated by the director	52
of rehabilitation and correction as the location for executions,	53
within an enclosure to be prepared for that purpose, under the	54
direction of the warden of the institution or, in histhe warden's	55
absence, a deputy warden, and on the day designated by the judge	56
passing sentence or otherwise designated by a court in the course	57
of any appellate or postconviction proceedings. The enclosure	58
shall exclude public view.	59

(D) If a death sentence is required to be executed by lethal	60
injection because the person sentenced to death elected to be	61
executed by lethal injection pursuant to division (B)(1) of this	62
section and if the execution of a death sentence by lethal	63
injection is determined to be unconstitutional, the death sentence	64
shall be executed by causing a current of electricity, of	65
sufficient intensity to cause death, to pass through the body of	66
the person upon whom the sentence was imposed. The application of	67
the current shall be continued until the person is dead. The	68
warden of the state correctional institution in which the sentence	69
is to be executed or another person selected by the director of	70
rehabilitation and correction shall ensure that the death sentence	71
is executed.	72

(C) If a person is sentenced to death, and if the execution	73
of a death sentence by lethal injection has been determined to be	74
unconstitutional, the death sentence shall be executed by using	75
any different manner of execution prescribed by law subsequent to	76
the effective date of this amendment instead of by causing the	77
application to the person of a lethal injection of a drug or	78
combination of drugs of sufficient dosage to quickly and	79
painlessly cause death, provided that the subsequently prescribed	80
different manner of execution has not been determined to be	81
unconstitutional. The use of the subsequently prescribed	82
different manner of execution shall be continued until the person	83
is dead. The warden of the state correctional institution in	84
which the sentence is to be executed or another person selected by	85
the director of rehabilitation and correction shall ensure that	86
the sentence of death is executed.	87

(E)(D) No change in the law made by the amendment to this	89
section that took effect on October 1, 1993, or by this amendment	90
constitutes a declaration by or belief of the general assembly	91
that execution of a death sentence by electrocution is a cruel and	92
unusual punishment proscribed by the Ohio Constitution or the	93
United States Constitution.	94

Sec. 2949.25.  (A) At the execution of a death sentence,	95
only the following persons may be present:	96

(1) The warden of the state correctional institution in	97
which the sentence is executed or a deputy warden, any other	98
person selected by the director of rehabilitation and correction	99
to ensure that the death sentence is executed, any persons	100
necessary to execute the death sentence by electrocution or lethal	101
injection, and the number of correction officers that the warden	102
thinks necessary;	103

(2) The sheriff of the county in which the prisoner was	104
tried and convicted;	105

(3) The director of rehabilitation and correction, or his	106
the director's agent;	107

(4) Physicians of the state correctional institution in	108
which the sentence is executed;	109

(5) The clergymanclergyperson in attendance upon the	110
prisoner, and not more than three other persons, to be designated	111
by the prisoner, who are not confined in any state institution;	112

(6) Not more than three persons to be designated by the	113
immediate family of the victim;	114

(7) Representatives of the news media as authorized by the	115
director of rehabilitation and correction.	116

(B) The director shall authorize at least one representative	117
of a newspaper, at least one representative of a television	118
station, and at least one representative of a radio station to be	119
present at the execution of the sentence under division (A)(7) of	120
this section.	121

Section 2. That existing sections 2949.22 and 2949.25 of the	122
Revised Code are hereby repealed.	123

Section 3. This act is hereby declared to be an emergency	124
measure necessary for the immediate preservation of the public	125
peace, health, and safety. The reason for such necessity is that	126
it is urgently in the public interest to eliminate electrocution	127
as an option for the execution of a death sentence before any	128
execution is carried out. Therefore, this act shall go into	129
immediate effect.	130