Tennessee § 40-23-114 - Death by lethal injection — Election of electrocution — Electrocution as alternative method.

§ 40-23-114. Death by lethal injection — Election of electrocution — Electrocution as alternative method.

For any person who commits an offense for which the person is sentenced to the punishment of death, the method for carrying out this sentence shall be by lethal injection. Any person who commits an offense prior to January 1, 1999, for which the person is sentenced to the punishment of death may elect to be executed by electrocution by signing a written waiver waiving the right to be executed by lethal injection. The department of correction is authorized to promulgate necessary rules and regulations to facilitate the implementation of this section. If lethal injection or electrocution is held to be unconstitutional by the Tennessee supreme court under the Constitution of Tennessee, or held to be unconstitutional by the United States supreme court under the United States Constitution, or if the United States supreme court declines to review any judgment holding lethal injection or electrocution to be unconstitutional under the United States Constitution made by the Tennessee supreme court or the United States court of appeals that has jurisdiction over Tennessee, or if the Tennessee supreme court declines to review any judgment by the Tennessee court of criminal appeals holding lethal injection or electrocution to be unconstitutional under the United States or Tennessee constitutions, all persons sentenced to death for a capital crime shall be executed by any constitutional method of execution. No sentence of death shall be reduced as a result of a determination that a method of execution is declared unconstitutional under the Constitution of Tennessee or the Constitution of the United States. In any case in which an execution method is declared unconstitutional, the death sentence shall remain in force until the sentence can be lawfully executed by any valid method of execution. For any person who commits an offense or has committed an offense for which the person is sentenced to the punishment of death, the method of carrying out the sentence shall be by lethal injection unless subdivision (e)(1) or (e)(2) is applicable. If subdivision (e)(1) or (e)(2) is applicable, the method of carrying out the sentence shall be by electrocution. The alternative method of execution shall be used if: Lethal injection is held to be unconstitutional by a court of competent jurisdiction in the manner described in subsection (d); or The commissioner of correction certifies to the governor that one (1) or more of the ingredients essential to carrying out a sentence of death by lethal injection is unavailable through no fault of the department. Acts 1913 (1st Ex. Sess.), ch. 36, § 1; Shan., §§ 7204, 7204a1; mod. Code 1932, § 11790; T.C.A. (orig. ed.), § 40-3117; Acts 1998, ch. 982, §§ 1-5; 2000, ch. 614, §§ 1-5; 2014, ch. 1014, § 1. Compiler's Notes. Acts 2014, ch. 1014, § 2 provided that the act, which added subsection (e), shall be known and may be cited as “The Capital Punishment Enforcement Act.” Cross-References. Appeal and review of death sentence, § 39-13-206 . Notice of penalty to be sought for capital offenses, § 39-13-208 . Order of execution after arrest of condemned prisoner, § 40-23-119 . Sentencing for first degree murder, § 39-13-204 . Law Reviews. Defending Life in Tennessee Death Penalty Cases (Roy B. Herron), 51 Tenn. L. Rev. 681 (1984). The Electrocution of William Tines (Donald F. Paine), 49 Tenn. B.J. 23 (2013). Theology in the Jury Room: Religious Discussion as “Extra Material” in the Course of Capital Punishment Deliberations, 55 Vand. L. Rev. 127 (2002). Attorney General Opinions. Constitutionality of change to lethal injection as means of execution, 98-068 (3/25/98); 98-074 (3/31/98). Electrocution may be substituted as a method of execution only in the event that lethal injection is declared unconstitutional by the United States Supreme Court, Tennessee Supreme Court, or other appellate court specified in T.C.A. § 40-23-114(d) , OAG 07-151 (11/13/07). Amendment by Senate Bill 2580 (Acts 2014, ch. 1014) permitting use of electrocution in executions if the ingredients required for execution by lethal injection are unavailable is constitutionally defensible under current authority. OAG 14-29, 2014 Tenn. AG LEXIS 30 (3/12/14).