Sec. 8. (a) If the execution of the death sentence is suspended, the department of correction shall note the reason for the delay on the warrant but shall proceed with the execution when the period of suspension ends.
(b) The warrant shall be returned to the clerk of the sentencing court after:
(1) the convicted person is executed;
(2) the convicted person has been pardoned;
(3) the convicted person's judgment has been reversed;
(4) the convicted person's sentence has been commuted; or
(5) the convicted person dies before his execution;
with a statement concerning the completion of the execution or the reason why the person was not executed.
As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.7.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 38. Proceedings Following Dismissal, Verdict, or Finding
Chapter 6. Execution of Death Sentence
35-38-6-1. Execution of Death Sentence; Specified Time and Date; Executioner; Lethal Injection
35-38-6-2. Court to Issue Warrant to Sheriff; Contents
35-38-6-3. Delivery of Person to Warden; Receipt of Delivery of Person
35-38-6-5. Place of Execution of Death Sentence
35-38-6-7. Escape and Recapture of Convicted Person
35-38-6-8. Suspension of Execution of Death Sentence; Reason for Delay
35-38-6-9. Application of Chapter to Women Convicted and Sentenced to Death