Court Opinions

State Laws

US Code

US Constitution

California Penal Code Section 3605

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 3605

(a) The warden of the state prison where the execution is to
take place shall be present at the execution and shall, subject to
any applicable requirement or definition set forth in subdivision
(b), invite the presence of the Attorney General, the members of the
immediate family of the victim or victims of the defendant, and at
least 12 reputable citizens, to be selected by the warden.  The
warden shall, at the request of the defendant, permit those ministers
of the Gospel, not exceeding two, as the defendant may name, and any
persons, relatives or friends, not to exceed five, to be present at
the execution, together with those peace officers or any other
Department of Corrections employee as he or she may think expedient,
to witness the  execution.  But no other persons than those specified
in this section may be present at the execution, nor may any person
under 18 years of age be allowed to witness the execution.
   (b) (1) For purposes of an invitation required by subdivision (a)
to members of the immediate family of the victim or victims of the
defendant, the warden of the state prison where the execution is to
take place shall make the invitation only if a member of the
immediate family of the victim or victims of the defendant so
requests in writing.  In the event that a written request is made,
the warden of the state prison where the execution is to take place
shall automatically make the invitation 30 days prior to the date of
an imminent execution or as close to this date as practicable.
   (2) For purposes of this section, "immediate family" means those
persons who are related by blood, adoption, or marriage, within the
second degree of consanguinity or affinity.
   (c) No physician or any other person invited pursuant to this
section, whether or not employed by the Department of Corrections,
shall be compelled to attend the execution, and any physician's
attendance shall be voluntary.  A physician's or any other person's
refusal to attend the execution shall not be used in any disciplinary
action or negative job performance citation.

Last modified: January 12, 2009