Criminal Procedure

Plain English Breakdown

The bill does not provide specific details on how many members of the General Assembly can attend an execution.

Bearing Witness to the Death Penalty Act

This bill allows members of the Tennessee General Assembly to witness executions.

What This Bill Does

• Adds members of the Tennessee General Assembly as authorized witnesses who can be present at executions.

Who It Names or Affects

• Members of the Tennessee General Assembly
• People involved in carrying out death sentences

Terms To Know

Death sentence

A punishment given by a court for certain very serious crimes, where the person is sentenced to be put to death.

General Assembly

The group of people elected to make laws in Tennessee, made up of the Senate and House of Representatives.

Limits and Unknowns

• Does not specify how many members of the General Assembly can be present at an execution.
• Does not change other parts of the death penalty process or rules.

Official Summary Text

Present law provides that the only
witnesses entitled to be present at the carrying out of
a
death sentence
in this state
are
the following persons:



The warden of the state penitentiary or
their
duly authorized deputy
.


The sheriff of the county in which the crime was committed
.


A
clergy
member who has been preparing the condemned person for death
.


The prison physician
.


Attendants chosen by the warden to properly carry out the execution
.


Up to
seven members of the
press
selected in accordance with rules promulgated by the department of correction
.


Immediate family members of the victim who are 18 or older
or, w
he
n
there are no
such
surviving family members,
up to
three previously identified relatives or personal friends of the victim
.


One defense counsel chosen by the condemned person
.


The attorney general or the
ir
designee.

This bill enacts the
"Bearing Witness to the Death Penalty Ac
t,
"
which also aut
horizes members of the general assembly to be present at such executions.

Current Bill Text

HOUSE BILL 198
By Behn

SENATE BILL 1214
By Oliver

SB1214
001813
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 40,
Chapter 23, relative to the death penalty.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Bearing Witness to the Death
Penalty Act."
SECTION 2. Tennessee Code Annotated, Section 40-23-116(a), is amended by adding
the following as a new subdivision:
( ) Members of the general assembly;
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.