Senate Bill No. 855
Senate Bill No. 855
PUBLIC ACT NO. 95-16
AN ACT CONCERNING LETHAL INJECTION,
PROPORTIONALITY REVIEW OF DEATH SENTENCES AND
MURDER OF A CHILD.
Section 1. Section 54-100 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The method of inflicting the punishment of
death shall be by [electrocution] CONTINUOUS
INTRAVENOUS INJECTION OF A SUBSTANCE OR SUBSTANCES
IN A QUANTITY SUFFICIENT TO CAUSE DEATH, IN
ACCORDANCE WITH PROCEDURES PRESCRIBED BY THE
COMMISSIONER OF CORRECTION IN CONSULTATION WITH
THE COMMISSIONER OF PUBLIC HEALTH AND ADDICTION
SERVICES. The [warden of the Connecticut
Correctional Institution, Somers, is directed]
COMMISSIONER SHALL DIRECT A WARDEN OF AN
APPROPRIATE CORRECTIONAL INSTITUTION to appoint a
suitable person to perform the duty of executing
sentences of the court requiring the infliction of
the death penalty. Such person shall receive, for
such duty, such compensation as is determined by
the [directors of the Connecticut Correctional
Institution, Somers] COMMISSIONER. When any person
is sentenced TO DEATH by any court of this state
having competent jurisdiction, [to be
electrocuted,] he shall, within twenty days after
final sentence, be conveyed to [the Connecticut
Correctional Institution, Somers,] AN APPROPRIATE
CORRECTIONAL INSTITUTION and such punishment shall
be inflicted only within the walls of said
institution, [in Somers,] within an enclosure to
be prepared for that purpose under direction of
the warden of [the Connecticut Correctional
Institution, Somers, and the board of directors
thereof, which] SAID INSTITUTION. SUCH enclosure
shall be so constructed as to exclude public view.
Besides the warden or deputy warden and such
number of [guards] CORRECTION OFFICERS as he
thinks necessary, the following persons may be
present at the execution, but no others: The
sheriff of the county in which the prisoner was
tried and convicted, the [board of directors, the]
COMMISSIONER, A physician of [the Connecticut
Correctional Institution, Somers, the] A
CORRECTIONAL INSTITUTION, A clergyman in
attendance upon the prisoner and such other
adults, as the prisoner may designate, not
exceeding three in number, representatives of not
more than five newspapers in the county where the
crime was committed, and one reporter for each of
the daily newspapers published in the city of
Hartford.
Sec. 2. Section 54-148 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The support of prisoners in community
correctional centers, sentenced to [the
Connecticut Correctional Institution, Somers, or
to be electrocuted] A CORRECTIONAL INSTITUTION, OR
SENTENCED TO DEATH, shall be paid by the state.
Sec. 3. Section 53a-46b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any sentence of death imposed in
accordance with the provisions of section 53a-46a
shall be reviewed by the supreme court pursuant to
its rules. In addition to its authority to correct
errors at trial, the supreme court shall either
affirm the sentence of death or vacate said
sentence and remand for imposition of a sentence
in accordance with subdivision (1) of section
53a-35a.
(b) The supreme court shall affirm the
sentence of death unless it determines that: (1)
The sentence was the product of passion, prejudice
or any other arbitrary factor; OR (2) the evidence
fails to support the finding of an aggravating
factor specified in subsection (h) of section
53a-46a. [; or (3) the sentence is excessive or
disproportionate to the penalty imposed in similar
cases, considering both the circumstances of the
crime and the character and record of the
defendant.]
(c) The sentence review shall be in addition
to direct appeal and, if an appeal is taken, the
review and appeal shall be consolidated for
consideration. The court shall then render its
decision on the legal errors claimed and the
validity of the sentence.
Sec. 4. Section 53a-54b of the general
statutes is repealed and the following is
substituted in lieu thereof:
A person is guilty of a capital felony who is
convicted of any of the following: (1) Murder of a
member of the division of state police within the
department of public safety or of any local police
department, a chief inspector or inspector in the
division of criminal justice, a sheriff or deputy
sheriff, a constable who performs criminal law
enforcement duties, a special policeman appointed
under section 29-18, an official of the department
of correction authorized by the commissioner of
correction to make arrests in a correctional
institution or facility, or any fireman, while
such victim was acting within the scope of his
duties; (2) murder committed by a defendant who is
hired to commit the same for pecuniary gain or
murder committed by one who is hired by the
defendant to commit the same for pecuniary gain;
(3) murder committed by one who has previously
been convicted of intentional murder or of murder
committed in the course of commission of a felony;
(4) murder committed by one who was, at the time
of commission of the murder, under sentence of
life imprisonment; (5) murder by a kidnapper of a
kidnapped person during the course of the
kidnapping or before such person is able to return
or be returned to safety; (6) the illegal sale,
for economic gain, of cocaine, heroin or methadone
to a person who dies as a direct result of the use
by him of such cocaine, heroin or methadone; (7)
murder committed in the course of the commission
of sexual assault in the first degree; (8) murder
of two or more persons at the same time or in the
course of a single transaction; OR (9) MURDER OF A
PERSON UNDER SIXTEEN YEARS OF AGE.
Sec. 5. This act shall take effect from its
passage, except that sections 1, 2 and 4 shall
take effect October 1, 1995, and section 1 shall
be applicable to executions carried out on or
after said date.
Approved April 12, 1995