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North Carolina Department of Correction |
1998 NC Statutory amendment eliminates execution by lethal gas
ABOLISH EXECUTION BY LETHAL GAS AND PROVIDE THAT A PERSON CONVICTED OF A CRIMINAL OFFENSE WHO IS SENTENCED TO DEATH SHALL BE EXECUTED BY THE ADMINISTRATION OF LETHAL DRUGS
Section 17.22. (a) G.S. 15-187 reads as rewritten
GS 15-187. Death by
administration of lethal gas or
drugs.
Death by electrocution under
sentence of law is hereby abolished and death by the
administration of lethal gas substituted therefor, except that if
any person sentenced to death so chooses, he may at least five
days prior to his execution date, elect in writing to be executed
by the administration of a lethal quantity of an ultrashort
acting barbiturate in combination with a chemical paralytic
agent. under sentence of law are abolished. any
person convicted of a criminal offense and sentenced to death
shall be executed only by the administration of a lethal quantity
of an ultrashort acting barbiturate in combination with a
chemical paralytic agent.
(b) G.S. 15-188 reads as rewritten:
G.S. 15-188. Manner and place of execution.
Except as otherwise
provided in In accordance with G.S. 15-187, the
mode of executing a death sentence must in every case be by causing
administering to the convict or felon to inhale
lethal gas of sufficient quantity to cause death, and the
administration of such lethal gas must be continued until such
a lethal quantity of an ultrashort acting barbiturate in
combination with a chemical paralytic agent until the convict
or felon is dead; and when any person, convict or felon shall be
sentenced by any court of the State having competent jurisdiction
to be so executed, such the punishment
shall only be inflicted within a permanent death chamber which
the superintendent of the State penitentiary is hereby authorized
and directed to provide within the walls of the North Carolina
penitentiary at Raleigh, North Carolina. The superintendent of
the State penitentiary shall also cause to be provided, in
conformity with this Article, and approved by the Governor and
Council of State, the necessary appliances for the
infliction of this punishment of death in accordance with the
requirements of this Article. appliances for the
infliction of the punishment of death and qualified personnel to
set up and prepare the injection, administer the preinjections,
insert the IV catheter, and to perform other tasks required for
this procedure in accordance with the requirements of this
Article."
(c) This section is effective when it becomes law and applies to all executions after the effective date of this section.
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