19-2701. AUTHORITY FOR EXECUTION OF JUDGMENT. When a judgment, other than of death, has been pronounced, a certified copy of the entry thereof upon the minutes must be forthwith furnished to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution. […]
19-2702. EXECUTION ON JUDGMENT FOR FINE. If the judgment includes the payment of a fine, or costs, or fine and costs, or other monetary sums, execution may be issued thereon for such sums as on a judgment in a civil action. History: [(19-2702) Cr. Prac. 1864, sec. 451, p. 268; R.S., sec. 8006; am. 1899, […]
19-2703. EXECUTION OF JUDGMENT OF IMPRISONMENT. If the judgment is for imprisonment, or a fine and imprisonment until it be paid, the defendant must forthwith be committed to the custody of the proper officer, and by him detained until the judgment is complied with. History: [(19-2703) Cr. Prac. 1864, sec. 452, p. 268; R.S., R.C., […]
19-2704. DELIVERY OF DEFENDANT TO PENITENTIARY GUARD. If judgment is for imprisonment in the state prison, or for the infliction of the death penalty, the sheriff of the county must, upon receipt of the certified copy of judgment, hold the prisoner in his custody until demand for such prisoner is made upon him by the […]
19-2705. DEATH SENTENCE OR DEATH WARRANT AND CONFINEMENT THEREUNDER — ACCESS TO CONDEMNED PERSON. (1) Whenever a person is sentenced to death, the judge passing sentence shall, in accordance with section 19-2719, Idaho Code, sign and file a death warrant fixing a date of execution not more than thirty (30) days thereafter. (2) The warrant […]
19-2708. SUSPENSION OF JUDGMENT OF DEATH. No judge, court or officer, can suspend the execution of a judgment of death, except as provided in sections 19-2715 and 19-2719, Idaho Code. History: [(19-2708) Cr. Prac. 1864, sec. 456, p. 268; R.S., R.C., & C.L., sec. 8012; C.S., sec. 9055; I.C.A., sec. 19-2608; am. 1984, ch. 159, […]
19-2713. PROCEEDINGS WHEN FEMALE SUPPOSED TO BE PREGNANT. If there is good reason to suppose that a female against whom a judgment of death is rendered is pregnant, the sheriff of the county, with the concurrence of the judge of the court by which the judgment was rendered, may summon a jury of three (3) […]
19-2714. FINDING IN CASE OF PREGNANCY. If it is found by the report that the female is not pregnant, the warden must execute the judgment; if it is found that she is pregnant, the warden must suspend the execution of the judgment, and transmit the report to the district court that imposed the sentence. When […]
19-2715. MINISTERIAL ACTIONS RELATING TO STAYS OF EXECUTION, RESETTING EXECUTION DATES, AND ORDER FOR EXECUTION OF JUDGMENT OF DEATH. (1) Hereafter, no further stays of execution shall be granted to persons sentenced to death except that a stay of execution shall be granted during an appeal taken pursuant to section 19-2719, Idaho Code, during the […]
19-2716. INFLICTION OF DEATH PENALTY. The punishment of death shall be inflicted by continuous, intravenous administration of a lethal quantity of a substance or substances approved by the director of the Idaho department of correction until death is pronounced by a coroner or a deputy coroner. The director of the Idaho department of correction shall […]
19-2716A. PRACTICE OF MEDICINE AND POSSESSION OF CONTROLLED SUBSTANCES — EXEMPTION — EXCEPTIONS TO GOVERNMENTAL LIABILITY — CONFIDENTIALITY — LICENSURE. (1) Notwithstanding any other provision of law, infliction of the punishment of death in the manner required by section 19-2716, Idaho Code, shall not be construed as the practice of medicine. The director of the […]
19-2718. RETURN OF DEATH WARRANT. After the execution, the executioner shall make a return upon the death warrant to the district court, showing the time, mode and manner in which it was executed. History: [(19-2718) R.S., sec. 8022; am. 1899, p. 340, sec. 6; reen. R.C. & C.L., sec. 8022; C.S., sec. 9065; I.C.A., sec. […]
19-2719. SPECIAL APPELLATE AND POST-CONVICTION PROCEDURE FOR CAPITAL CASES — AUTOMATIC STAY. The following special procedures shall be interpreted to accomplish the purpose of eliminating unnecessary delay in carrying out a valid death sentence. (1) When the punishment of death is imposed the time for filing an appeal shall begin to run when the death […]
19-2719a. APPLICABILITY OF SECTIONS 19-2705, 19-2708, 19-2714, 19-2715, 19-2719. This act shall apply to all cases in which capital sentences where imposed on or prior to the effective date of this act but which have not been carried out, and to all capital cases arising after the effective date of this act. History: [I.C., sec. […]
19-2720. INQUIRY INTO NEED FOR NEW COUNSEL. After the imposition of a sentence of death, the trial judge should advise the defendant that, upon a particularized showing that there is a reasonable basis to litigate a claim of ineffective assistance of trial counsel, new counsel may be appointed to represent the defendant to pursue such […]
