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Act No. 3104

Act No. 3104

AN ACT TO AMEND SECTION ONE OF ACT NUMBERED TWENTY- SEVEN HUNDRED AND TWENTY-SIX AND TO PROVIDE FOR THE MANNER IN WHICH THE DEATH PENALTY SHALL BE EXECUTED

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Section 1

Section 1. Section one of Act Numbered Twenty-seven hundred and twenty-six is hereby amended to read as follows:

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Section 2

Section 2. The death sentence shall be executed with preference to any other and shall consist in putting the person under sentence to death by electrocution. The death sentence shall be executed under the authority of the Director of Prisons, endeavoring to mitigate the sufferings of the person under sentence as well during electrocution as during the proceedings prior to the execution. ℒαwρhi৷

If the person under sentence so desire, he shall be anaesthetized at the moment of the electrocution.

Section 3

Notification and execution of the sentence, and assistance of the offender

Section 3. Notification and execution of the sentence, and assistance of the offender.-The court shall designate a working day for the execution, but not the hour thereof; and such designation shall not be communicated to the offender before sunrise of said day, and the execution shall not take place until after the expiration of at least eight hours following the notification, but before sunset. During the interval between the notification and the execution, the offender shall, in so far as possible, be furnished such assistance as he may request in order to be attended in his last moments by priests or minister of the religion he professes and to consult lawyers, as well as in order to make a will and confer with members of his family or persons in charge of the management of his business, of the administration of his property, or of the care of his descendants.

Section 4

Suspension of the execution of the death sentence

Section 4. Suspension of the execution of the death sentence.-The death sentence shall not be inflicted upon a woman within the three years next following the date of the sentence or while she is pregnant, nor upon any person in a condition of mental deficiency or disturbance.

Section 5

Place of the execution and persons present thereat

Section 5. Place of the execution and persons present thereat.-The execution shall take place in a space closed to the public view and shall be witnessed only by the priests assisting the offender and by his lawyers and relatives, if he so request, by a physician and the necessary personnel, and by such persons as the administration may authorize.

Section 6

Provision relative to the body of the person executed and its burial

Section 6. Provision relative to the body of the person executed and its burial.-Unless claimed by his family, the body of the offender shall, upon the completion of the legal proceedings subsequent to the execution, be turned over to some institute of learning or scientific research, for such studies with the use thereof as the same may see fit, if said body be requested for such purpose, and such institute shall take charge of the decent burial of the remains. In other cases, the administration shall give the body decent burial, granting permission to be present thereat to the members of the family of the offender and to the friends designated by the latter.

Section 7

This Act shall take effect on its approval

Section 7. This Act shall take effect on its approval.

Approved, March 17, 1923.