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statutes  is  repealed   and   the   following  is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