22-4013. Execution of death sentence.
22-4013
22-4013. Execution of death sentence.(a) It shall be the duty of the secretary of corrections or the wardendesignatedby thesecretary to proceed to executea sentence of death in themanner prescribed by this act.
(b) Uponreceipt of an order of the district court as provided by this act, the supremecourt shall issue to the secretaryof corrections a warrant under seal of the supreme court, commanding thesecretary or a warden designated pursuant to K.S.A. 22-4001, and amendmentsthereto, to proceed to carry out the sentence of execution during the weekdesignated by the supreme court. The week designated in the warrant shall besufficient to enable the secretary to give notice as provided in subsection(c). A copy of the warrant shall be delivered tothe secretary of corrections and the clerk of the district court. For purposesof this act, theterm "week" shall mean the time period from 12:01 a.m. Sunday throughand including 11:59 p.m. the following Saturday. If the week designated in thewarrant commanding the execution of a death sentence begins on a day of theweek other than a Sunday, or sets out a particular date for the execution, thesecretary of corrections shall notify the clerk of the supreme court.
(c) The secretary of corrections shall carry out the execution commanded bythe warrant issued by the supreme court during the week designated by thesupreme court on a date selected by the secretary. Thesecretary shall give notice of the date selected by the secretary for theexecution at least seven calendar days before the execution to the clerk of thesupreme court, the clerk of the district court in which the defendant wasconvicted, the defendant, the defendant's counsel and the attorney general. The secretary may carry out the execution at any time during the date selectedor as soon thereafter as the secretary deems appropriate.
History: L. 1970, ch. 129, § 22-4013;L. 1990, ch. 309, § 28;L. 1994, ch. 252, § 21;L. 1999, ch. 164, § 27; July 1.