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1994 SESSION
LD3738264Patrons--Hamilton, Bennett, Cantor, Croshaw, Cunningham, Diamonstein, Dillard, Ingram, Jones, J.C., Mayer, Moss, Nelms, Newman, Orrock, Purkey and Wagner; Senators: Andrews, Chichester and Woods
Be it enacted by the General Assembly of Virginia:
1. That §§ 53.1-233 and 53.1-234 of the Code of Virginia are amended and reenacted as follows:
§ 53.1-233. Death chamber; who to execute death sentence.
The Director is hereby authorized and directed to provide and maintain a
permanent death chamber and necessary appurtenant facilities
within the confines of a state correctional facility. The death chamber
shall have all the necessary appliances for the proper execution of prisoners
by electrocution or by continuous intravenous
injection of a substance or combination of substances sufficient to
cause death. Any such substance shall be
applied until the prisoner is pronounced dead by a
physician licensed in the Commonwealth. In the
death chamber shall be executed all All prisoners upon whom
the death penalty has been imposed shall be executed in the death
chamber. Each execution shall be conducted by the Director or one or
more assistants designated by him.
§ 53.1-234. Transfer of prisoner; how death sentence executed; who to be present.
The clerk of the circuit court in which is pronounced the sentence of death against any person shall, after such judgment becomes final in the circuit court, deliver a certified copy thereof to the Director. Such person so sentenced to death shall be confined prior to the execution of the sentence in a state correctional facility designated by the Director. Not less than fifteen days before the time fixed in the judgment of the court for the execution of the sentence, the Director shall cause the condemned prisoner to be conveyed to the state correctional facility housing the death chamber.
The Director, or the assistants appointed by him, shall at the time named in
the sentence, unless a suspension of execution is
ordered, cause the prisoner under sentence of death to be electrocuted
or injected with a lethal substance, until he is dead unless
a suspension of execution be ordered. The method of execution
shall be chosen by the prisoner. Execution by lethal injection shall be
permitted in accordance with procedures developed by the Department.
At the execution there shall be present the Director or an assistant, a
physician employed by the Department or his assistant, such other employees
of the Department as may be required by the Director and, in addition
thereto, at least six citizens who shall not be employees of the Department.
In addition, the counsel for the prisoner and a clergyman may be present.