BILL REQ. #:  S-3050.2 

Read first time 04/16/09.   Referred to Committee on Judiciary.

     AN ACT Relating to disclosure of information regarding persons who are involved in executions; amending RCW 10.95.180; creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 10.95.180 and 1996 c 251 s 1 are each amended to read as follows:
     (1) The punishment of death shall be supervised by the superintendent of the penitentiary and shall be inflicted by intravenous injection of a substance or substances in a lethal quantity sufficient to cause death and until the defendant is dead, or, at the election of the defendant, by hanging by the neck until the defendant is dead. In any case, death shall be pronounced by a licensed physician.
     (2) All executions, for both men and women, shall be carried out within the walls of the state penitentiary.
     (3) Records, materials, and other information that reveal, or could reasonably lead to discovery of, the identity of persons who directly participate in an execution under this section, and the physician who pronounces death, are confidential and privileged, are not subject to public disclosure under chapter 42.56 RCW, and are not subject to subpoena or discovery in a civil case.

NEW SECTION.  Sec. 2   This act applies retroactively, as well as prospectively, to all past and future executions.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.