Public Chapter 133

SENATE BILL NO. 1151

By Haun, Cooper

Substituted for: House Bill No. 487

By Burchett, Newton

AN ACT To amend Tennessee Code Annotated, Title 40, Chapter 23, relative to executing a sentence of death.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 40-23-116(a), is amended by adding the following new subdivision:

(7) Immediate family members of the victim who are eighteen (18) years of age or older. Such immediate family members shall include the spouse, child (by birth or adoption), stepchild, stepparents, parent, grandparent or sibling of the victim.

SECTION 2. Tennessee Code Annotated, Section 40-23-116, is amended by adding the following new subsection:

( ) If the immediate family members of the victim choose to be present at such execution, they shall be allowed to witness the execution from an area that is separate from the area to which other witnesses are admitted. If facilities are not available to provide immediate family members with a direct view of the execution, the warden of the state penitentiary may broadcast the execution by means of a closed circuit television system to the area in which the immediate family members are located.

SECTION 3. This act shall take effect July 1, 1997, the public welfare requiring it.