Court Opinions

State Laws

US Code

US Constitution

California Penal Code Section 3604

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 3604

(a) The punishment of death shall be inflicted by the
administration of a lethal gas or by an intravenous injection of a
substance or substances in a lethal quantity sufficient to cause
death, by standards established under the direction of the Department
of Corrections.
   (b) Persons sentenced to death prior to or after the operative
date of this subdivision shall have the opportunity to elect to have
the punishment imposed by lethal gas or lethal injection.  This
choice shall be made in writing and shall be submitted to the warden
pursuant to regulations established by the Department of Corrections.
  If a person under sentence of death does not choose either lethal
gas or lethal injection within 10 days after the warden's service
upon the inmate of an execution warrant issued following the
operative date of this subdivision, the penalty of death shall be
imposed by lethal injection.
   (c) Where the person sentenced to death is not executed on the
date set for execution and a new execution date is subsequently set,
the inmate again shall have the opportunity to elect to have
punishment imposed by lethal gas or lethal injection, according to
the procedures set forth in subdivision (b).
   (d) Notwithstanding subdivision (b), if either manner of execution
described in subdivision (a) is held invalid, the punishment of
death shall be imposed by the alternative means specified in
subdivision (a).

Last modified: January 12, 2009