GOVERNOR JEB BUSH/ Commission on Administration of Lethal Injection

GOVERNOR JEB BUSH/ Commission on Administration of Lethal Injection Posting Member: Gov. Jeb Bush
News Source: Gov. Jeb Bush Newspage: Florida Category: STATE ISSUES Forum: Prison / Corrections - FL
�Today, I issued Executive Order 06-260, creating the Commission on Administration of Lethal Injection. The Commission is charged with reviewing the method in which the lethal injection protocols are administered by the Department of Corrections. �The team assembled by Department of Corrections Secretary Jim McDonough continues to conduct a thorough process review of the execution of Angel Diaz. All facts and information gathered by the team will be presented to the Commission. �The Commission will be comprised of appointments made by my office, the Attorney General, the Senate... MORE

Posted By: Gov. Jeb Bush
Posted - Dec 15 2006 : 4:22:01 PM

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Story Title:	GOVERNOR JEB BUSH/ Commission on Administration of Lethal Injection
News Source:	Gov. Jeb Bush
Marked As:
Jeb Bush Governor of Florida � Republican National Leader
Statement from GOVERNOR JEB BUSH Regarding Executive Order 06-260 �Today, I issued Executive Order 06-260, creating the Commission on Administration of Lethal Injection. The Commission is charged with reviewing the method in which the lethal injection protocols are administered by the Department of Corrections. �The team assembled by Department of Corrections Secretary Jim McDonough continues to conduct a thorough process review of the execution of Angel Diaz. All facts and information gathered by the team will be presented to the Commission. �The Commission will be comprised of appointments made by my office, the Attorney General, the Senate President, the Speaker of the House and the Chief Justice of the Florida Supreme Court. These appointees will represent a cross-section of the scientific, medical, law enforcement and legal communities.� �I look forward to the Commission�s expeditious review of the lethal injection protocols in Florida to ensure the method is consistent with the Eighth Amendment of the United States Constitution and its prohibition against cruel and unusual punishment.� # # # NOTE TO MEDIA: PLEASE SEE BELOW TEXT OF EXECUTIVE ORDER 06-260 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 06-260 WHEREAS, the laws of Florida provide that, under certain circumstances, murder in the first degree is punishable by death; and WHEREAS, in 2000, the Florida Legislature determined that death by lethal injection is the preferred method for carrying out a sentence of death, leaving to persons under sentence of death the option of choosing to have the death sentence administered by electrocution; and WHEREAS, in implementing the death penalty, Florida has adopted procedures and protocols for lethal injection intended to ensure that the lethal injection is administered appropriately and in a manner that does not cause unnecessary pain and suffering; and WHEREAS, courts, including the Florida Supreme Court in the case of Sims v. State, 754 So.2d 657 (Fla. 2000), and subsequent cases citing Sims, have upheld Florida�s method of lethal injection as consistent with the Eighth Amendment of the United States Constitution and its prohibition against cruel and unusual punishment; and WHEREAS, the cases that have upheld Florida�s lethal injection protocols have done so based on evidence that the Department of Corrections was adequately implementing and following such protocols; and WHEREAS, the findings in the autopsy report prepared by William F. Hamilton, M.D., Medical Examiner for the 8th Circuit, regarding Angel Diaz, who was executed on December 13, 2006, indicate that the lethal injection protocols may need to be reviewed to determine if any additional protocols should be added or whether any existing protocols should be modified in any way; and WHEREAS, the significantly lengthier death process for Mr. Diaz compared to that of other inmates who previously have been executed by lethal injection in Florida, including, according to witness accounts, a longer period of time during which Mr. Diaz lay conscious, should be considered; and WHEREAS, as a matter of humanity, constitutional imperative, and common sense, if the State is going to execute persons convicted of capital crimes, it must do so in a manner that comports to its own protocols and the United States and Florida Constitutions; NOW, THEREFORE, I, JEB BUSH, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, and all other applicable laws, do hereby promulgate the following Executive Order, to take immediate effect: Section 1. I hereby create the Governor�s Commission on Administration of Lethal Injection (the �Commission�). Section 2. The purpose of the Commission shall be to review the method in which the lethal injection protocols are administered by the Department of Corrections and to make findings and recommendations as to how administration of the procedures and protocols can be revised so that Floridians, including those persons who are sentenced to death, can be assured that the State continues to take reasonable and appropriate measures to ensure that its administration of death by lethal injection comports to the United States and Florida Constitutions, as interpreted by current case law. Section 3. The Commission shall be composed of 11 members, five of whom shall be appointed by the Governor, three of whom shall be appointed by the Attorney General, one of whom shall be appointed by the Senate President, one of whom shall be appointed by the Speaker, and one of whom shall be appointed by the Chief Justice of the Florida Supreme Court. To the extent possible, the members of the Commission shall reflect a cross-section of the scientific, medical, law enforcement and legal communities. At least one such member of the Commission shall be an attorney with extensi... More or Please Click S