2001 REGULAR SESSION (71st)                                                                       A SB254 R1 377

Amendment No. 377

 

Senate Amendment to Senate Bill No. 254  First Reprint                                                      (BDR S‑871)

Proposed by: Senator Amodei

Amendment Box: Conflicts with Amendment No. 292.

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, by deleting lines 1 through 17 and inserting:

     “Section 1. 1.  Except as otherwise provided in subsection 2, notwithstanding the provisions of any law, rule of court, order issued by a court of competent jurisdiction or warrant of execution of a sentence of death, a moratorium on the execution of all sentences of death is hereby established until July 1, 2003, and the sentence of any person sentenced to death before, on or after the effective date of this act must not be executed until July 1, 2003.

     2.  The provisions of subsection 1 do not apply to the execution of a sentence of death of any person who, not later than 30 days before the beginning of the week within which his judgment of death is to be executed, submits a written statement to the Director of the Department of Prisons, on a form prescribed and provided by the Director, that:

     (a) Is signed by the person in the presence of two attesting witnesses; and

     (b) States that the person:

          (1) Is submitting a written statement pursuant to this subsection voluntarily and not under duress or coercion;

          (2) Has had the opportunity to consult with an attorney regarding the provisions of this section and the effect of submitting a written statement pursuant to this subsection;

          (3) Is competent and not under the influence of intoxicating liquor or a controlled substance that would impair his ability to understand the effect of submitting a written statement pursuant to this subsection;

          (4) Understands that submitting a written statement pursuant to this subsection will result in the execution of his sentence of death; and

          (5) Desires that his sentence of death be executed, despite the fact that a moratorium on the execution of sentences of death has been established pursuant to this section.”.

     Amend the title of the bill, second line, after “death” by inserting:

“of certain persons”.

     Amend the summary of the bill to read as follows:

“SUMMARY––Establishes moratorium on execution of sentences of death of certain persons until July 1, 2003, and provides for study of issues regarding death penalty. (BDR S‑871)”.