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ENGROSSED SENATE
BILL NO. 1702 By: Daniels of the Senate
and
Worthen of the House
An Act relating to death penalty procedure; amending
22 O.S. 2021, Section 1015, which relates to place of
execution of judgment; requiring confidentiality of
identity of certain persons or entities; providing
exception to discovery of certain materials;
providing for retroactive application of certain
provisions; updating statutory language; updating
statutory reference; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1015, is
amended to read as follows:
Section 1015. A. A judgment of death must shall be executed at
the Oklahoma State Penitentiary at McAlest er, Oklahoma, said such
prison to be designated by the court by which judgment is to be
rendered.
B. The judgment of execution shall take place under the
authority of the Director of the Department of Corrections and the
warden must shall be present along with other necessary prison and
corrections officials to carry out the execution. The warden must
shall invite the presence of a physician and the district attorney
of the county in which the crime occurred or a designee, the judge
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who presided at the tr ial issuing the sentence of death, the chief
of police of the municipality in which the crime occu rred, if
applicable, and lead law enforcement officials of any state, county
or local law enforcement agency who investigated the crime or
testified in any court or clemency proceeding related to the crime,
including but not limited to the sheriff of the county wherein where
the conviction was had occurred, to witness the execution; in
addition, the Cabinet Secretary of Public Safety and Security must
shall be invited as well as any other personnel or correctional
personnel deemed appropriate and approved b y the Director. The
warden shall, at the request of the defendant, permit the presence
of such ministers chosen by the defendant, not exceeding two, and
any persons, relatives, or friends, not to exceed five, as the
defendant may name; provided, reporters from recognized members of
the news media will shall be admitted upon proper identification,
application, and approval of the warden. The identity of all
persons or entities who participate in or administer the execution
process and persons or entities who produce or supply the drugs,
medical supplies, or medical equipment for the execution shall be
confidential and shall not be subject to discovery in any ci vil or
criminal proceedings. The confidentiality requirement and discovery
exemption required by this subsection shall be broadly construed and
shall include but not be limited to any documents, records,
photographs, or other information that the Director of the
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Department of Corrections determines may identify or reasonably lead
directly or indirectly to the identification of any person or entity
who participates in or administers the execution process or any
person or entity who produces or supplies the drugs, medical
supplies, or medical equipment for the execution. The
confidentiality requirement and discovery exemption shall apply to
records existing prior to, on, or after the effective date of this
act. The purchase of drugs, medical supplies , or medical equipment
and any other expenditures necessary to carry out the execution
shall not be subject to the provisions of The the Oklahoma Central
Purchasing Act.
C. In the event the defendant has been sentenced to death in
one or more criminal proceeding s in this state, or has been
sentenced to death in this state and by one or more courts of
competent jurisdiction in another state or pursuant to federal
authority, or any combination thereof, and this state has priority
to execute the defendant, the warde n must shall invite the
prosecuting attorney or his or her designee, the judge, and the
chief law enforcement official from each jurisdiction where any
death sentence has issued. The above mentioned officials designated
in this subsection shall be allowed to witness the execution or view
the execution by closed circuit television as determined by the
Director of the Department of Corrections.
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D. A place shall be provided at the Oklahoma State Penitentiary
at McAlester so that individuals who are eighteen (18) years of age
or older and who are members of the immediate family of any deceased
victim of the defendant may witness the execution. The immediate
family members shall be allowed to witness the execution from an
area that is separate from the area to which other nonfamily member
witnesses are admitted; provided, however, if there are multiple
deceased victims, the Department shall not be required to provide
separate areas for each family of each deceased victim. If
facilities are not capable or suffi cient to provide all immediate
family members with a direct view of the execution, the Department
of Corrections may broadcast the execution by means of a closed
circuit television system to an area in which other immediate family
members may be located.
Immediate family members may request individuals not directly
related to the deceased victim but who serve a close supporting role
or professional role to the deceased victim or an immediate family
member, including, but not limited to, a minister or licens ed
counselor. The warden in consultation with the Director shall
approve or disapprove such requests. Provided further, the
Department may set a limit on the number of witnesses or viewers
within occupancy limits.
As used in this section, “members of the immediate family” means
the spouse, a child by birth or adoption, a stepchild, a parent, a
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grandparent, a grandchild, a sibling of a deceased victim, or the
spouse of any immediate family member specified in this subsection.
E. Any surviving victim of th e defendant who is eighteen (18)
years of age or older may view the execution by closed circuit
television with the approval of both the Director of the Department
of Corrections and the warden. The Director and warden shall
prioritize persons to view the execution, including immediate family
members, surviving victims, and supporting persons, and may set a
limit on the number of viewers within occupancy limits. Any
surviving victim approved to view the execution of the defen dant may
have an accompanying support person as provided for members of the
immediate family of a deceased victim. As used in this subsection,
“surviving victim” means any person who suffered serious harm or
injury due to the criminal acts of the defendant of which the
defendant has been convicted in a court of competent jurisdiction.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effec t and
be in full force from and after its passage and approval.
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Passed the Senate the 11 th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives