BILL NUMBER: SB 129	CHAPTERED  07/17/01

	CHAPTER  71
	FILED WITH SECRETARY OF STATE  JULY 17, 2001
	APPROVED BY GOVERNOR  JULY 17, 2001
	PASSED THE ASSEMBLY  JULY 1, 2001
	PASSED THE SENATE  APRIL 2, 2001
	AMENDED IN SENATE  MARCH 27, 2001

INTRODUCED BY   Senator Burton

                        JANUARY 25, 2001

   An act to amend Section 3605 of the Penal Code, relating to death
penalty executions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 129, Burton.  Death penalty executions:  physicians.
   Existing law directs the warden of the state prison where an
execution is scheduled to take place to invite various persons to
witness the execution, including 2 physicians.
   This bill would remove the requirement that the warden invite
physicians to the execution and permit him or her to invite any
Department of Corrections employee.  The bill would provide that no
physician or any other invited person may be compelled to attend an
execution, and that refusal to attend may not be used in any
disciplinary action or negative job performance citation.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3605 of the Penal Code is amended to read:
   3605.  (a) The warden of the state prison where the execution is
to take place shall be present at the execution and shall, subject to
any applicable requirement or definition set forth in subdivision
(b), invite the presence of the Attorney General, the members of the
immediate family of the victim or victims of the defendant, and at
least 12 reputable citizens, to be selected by the warden.  The
warden shall, at the request of the defendant, permit those ministers
of the Gospel, not exceeding two, as the defendant may name, and any
persons, relatives or friends, not to exceed five, to be present at
the execution, together with those peace officers or any other
Department of Corrections employee as he or she may think expedient,
to witness the  execution.  But no other persons than those specified
in this section may be present at the execution, nor may any person
under 18 years of age be allowed to witness the execution.
   (b) (1) For purposes of an invitation required by subdivision (a)
to members of the immediate family of the victim or victims of the
defendant, the warden of the state prison where the execution is to
take place shall make the invitation only if a member of the
immediate family of the victim or victims of the defendant so
requests in writing.  In the event that a written request is made,
the warden of the state prison where the execution is to take place
shall automatically make the invitation 30 days prior to the date of
an imminent execution or as close to this date as practicable.
   (2) For purposes of this section, "immediate family" means those
persons who are related by blood, adoption, or marriage, within the
second degree of consanguinity or affinity.
   (c) No physician or any other person invited pursuant to this
section, whether or not employed by the Department of Corrections,
shall be compelled to attend the execution, and any physician's
attendance shall be voluntary.  A physician's or any other person's
refusal to attend the execution shall not be used in any disciplinary
action or negative job performance citation.