61 Pa.C.S. Ch. 43

in effect

61 Pa.C.S. § 4301 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Victim." The term shall have the same meaning given to it in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. "Victim advocate." The victim advocate within the Pennsylvania Board of Probation and Parole. References in Text. The Pennsylvania Board of Probation and Parole, referred to in the def. of "victim advocate," was renamed the Pennsylvania Parole Board by the act of June 30, 2021 (P.L.260, No.59).

61 Pa.C.S. § 4302 Issuance of warrant.

(a) Time.-- (1) After the receipt of the record pursuant to 42 Pa.C.S. § 9711(i) (relating to sentencing procedure for murder of the first degree), unless a pardon or commutation has been issued, the Governor shall, within 90 days, issue a warrant specifying a day for execution which shall be no later than 60 days after the date the warrant is signed. (2) If, because of a reprieve or a judicial stay of the execution, the date of execution passes without imposition of the death penalty, unless a pardon or commutation has been issued, the Governor shall, within 30 days after receiving notice of the termination of the reprieve or the judicial stay, reissue a warrant specifying a day for execution which shall be no later than 60 days after the date of reissuance of the warrant. (b) Secretary.--The warrant shall be directed to the secretary commanding that the subject of the warrant be executed on the day named in the warrant and in the manner prescribed by law. (c) Failure to timely comply.--If the Governor fails to timely comply with the provisions of this section and a pardon or commutation has not been issued, the secretary shall, within 30 days following the Governor's failure to comply, schedule and carry out the execution no later than 60 days from the date by which the Governor was required to sign the warrant under subsection (a).

61 Pa.C.S. § 4303 Terms of confinement.

Upon receipt of the warrant, the secretary shall, until infliction of the death penalty or until lawful discharge from custody, keep the inmate in solitary confinement. During the confinement, no person shall be allowed to have access to the inmate without an order of the sentencing court, except the following: (1) The staff of the department. (2) The inmate's counsel of record or other attorney requested by the inmate. (3) A spiritual adviser selected by the inmate or the members of the immediate family of the inmate.

61 Pa.C.S. § 4304 Method of execution.

(a) Injection.-- (1) The death penalty shall be inflicted by injecting the convict with a continuous intravenous administration of a lethal quantity of an ultrashort-acting barbiturate in combination with chemical paralytic agents approved by the department until death is pronounced by the coroner. The coroner shall issue the death certificate. (2) The execution shall be supervised by the chief administrator or his designee of the State correctional institution designated by the department for the execution. (b) Injection agents.--Notwithstanding section 13 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, the secretary or his designee may obtain the injection agents directly from a pharmacist or manufacturer.

61 Pa.C.S. § 4305 Witnesses to execution.

(a) List of witnesses.--No person except the following shall witness any execution under the provisions of this chapter: (1) The chief administrator or his designee of the State correctional institution where the execution takes place. (2) Six reputable adult citizens selected by the secretary. (3) One spiritual adviser, when requested and selected by the inmate. (4) Not more than six duly accredited representatives of the news media. (5) Such staff of the department as may be selected by the secretary. (6) Not more than four victims registered with and selected by the victim advocate. (b) Witnesses.--The secretary may refuse participation by a witness for safety or security reasons. The department shall make reasonable efforts to provide victims with a viewing area separate and apart from the area to which other witnesses are admitted. (c) Confidentiality.--The identity of department employees, department contractors or victims who participate in the administration of an execution pursuant to this section shall be confidential.

61 Pa.C.S. § 4306 Certification of chief administrator.

After the execution, the chief administrator or his designee shall certify in writing, under oath or affirmation, to the court of the county where the inmate was sentenced to death that the inmate was duly executed in accordance with this chapter. The certificate shall be filed in the office of the clerk of such court. Cross References. Section 4306 is referred to in section 4307 of this title.

61 Pa.C.S. § 4307 Postmortem examination.

(a) General rule.--Immediately after execution, a postmortem examination of the body of the inmate shall be made at the discretion of the coroner of the county in which the execution is performed. The coroner shall report the nature of any examination made. This report shall be annexed to and filed with the certificate required under section 4306 (relating to certification of chief administrator). (b) Disposition of body.--After the postmortem examination, unless claimed by a relative or relatives, the department shall be responsible for disposition of the body.

61 Pa.C.S. § 4308 Costs of execution and examination.

The actual and necessary costs of the execution and the postmortem examination shall be paid by the department.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=61Fetched: 10/16/2026