22-4009.Procedure when convict appears to bepregnant.(a) If a convict under sentence of deathappears to be pregnant or alleges to be pregnant,the person having custody of the convictshall notify the secretary of corrections. The secretaryshall designate one or more licensed physicians to examinethe convict to determine if the convict is pregnant. If the convict is notpregnant, the execution shall be carried out as previously ordered. If theconvictis pregnant, the secretary of corrections shall notify theclerk of the supreme court. Upon receipt of the notice, thesupreme court shall issue to the secretary of corrections a warrant under sealof the supreme court postponing the execution of the sentence of death. A copyof the warrant shall be delivered to the secretary of corrections and the clerkof the district court.
(b) When the execution of a sentence of death is postponed because ofpregnancy, the secretary of corrections shall wait untilthe child is born or the pregnancyis otherwise terminated and then the secretary shall notify the clerkof the supreme court of the birth of thechild or termination of the pregnancy. Upon receipt of the notice, the supremecourt shall issue to the secretary of corrections a warrant under seal of thesupreme court, commanding the secretary or a warden designated pursuant toK.S.A. 22-4001, and amendments thereto, to proceed to carry out the sentence ofexecution during the week designated by the supreme court. A copy of thewarrant shall be delivered to the secretary of corrections and the clerk of thedistrict court.At any time during the postponement of the execution, thesecretary may orderan examination as provided in this section to determine whether the convictremains pregnant. The costs of each medical examination conducted pursuantto this section shall be paid by the county where the case originated.
History: L. 1970, ch. 129, § 22-4009; L. 1976, ch. 145,§ 109;L. 1994, ch. 252, § 18; L. 1999, ch. 57, § 35;L. 1999, ch. 164, § 24; July 1.
22-4009.Procedure when convict appears to bepregnant.(a) If a convict under sentence of deathappears to be pregnant or alleges to be pregnant,the person having custody of the convictshall notify the secretary of corrections. The secretaryshall designate one or more licensed physicians to examinethe convict to determine if the convict is pregnant. If the convict is notpregnant, the execution shall be carried out as previously ordered. If theconvictis pregnant, the secretary of corrections shall notify theclerk of the supreme court. Upon receipt of the notice, thesupreme court shall issue to the secretary of corrections a warrant under sealof the supreme court postponing the execution of the sentence of death. A copyof the warrant shall be delivered to the secretary of corrections and the clerkof the district court.
(b) When the execution of a sentence of death is postponed because ofpregnancy, the secretary of corrections shall wait untilthe child is born or the pregnancyis otherwise terminated and then the secretary shall notify the clerkof the supreme court of the birth of thechild or termination of the pregnancy. Upon receipt of the notice, the supremecourt shall issue to the secretary of corrections a warrant under seal of thesupreme court, commanding the secretary or a warden designated pursuant toK.S.A. 22-4001, and amendments thereto, to proceed to carry out the sentence ofexecution during the week designated by the supreme court. A copy of thewarrant shall be delivered to the secretary of corrections and the clerk of thedistrict court.At any time during the postponement of the execution, thesecretary may orderan examination as provided in this section to determine whether the convictremains pregnant. The costs of each medical examination conducted pursuantto this section shall be paid by the county where the case originated.
History: L. 1970, ch. 129, § 22-4009; L. 1976, ch. 145,§ 109;L. 1994, ch. 252, § 18; L. 1999, ch. 57, § 35;L. 1999, ch. 164, § 24; July 1.
22-4009.Procedure when convict appears to bepregnant.(a) If a convict under sentence of deathappears to be pregnant or alleges to be pregnant,the person having custody of the convictshall notify the secretary of corrections. The secretaryshall designate one or more licensed physicians to examinethe convict to determine if the convict is pregnant. If the convict is notpregnant, the execution shall be carried out as previously ordered. If theconvictis pregnant, the secretary of corrections shall notify theclerk of the supreme court. Upon receipt of the notice, thesupreme court shall issue to the secretary of corrections a warrant under sealof the supreme court postponing the execution of the sentence of death. A copyof the warrant shall be delivered to the secretary of corrections and the clerkof the district court.
(b) When the execution of a sentence of death is postponed because ofpregnancy, the secretary of corrections shall wait untilthe child is born or the pregnancyis otherwise terminated and then the secretary shall notify the clerkof the supreme court of the birth of thechild or termination of the pregnancy. Upon receipt of the notice, the supremecourt shall issue to the secretary of corrections a warrant under seal of thesupreme court, commanding the secretary or a warden designated pursuant toK.S.A. 22-4001, and amendments thereto, to proceed to carry out the sentence ofexecution during the week designated by the supreme court. A copy of thewarrant shall be delivered to the secretary of corrections and the clerk of thedistrict court.At any time during the postponement of the execution, thesecretary may orderan examination as provided in this section to determine whether the convictremains pregnant. The costs of each medical examination conducted pursuantto this section shall be paid by the county where the case originated.
History: L. 1970, ch. 129, § 22-4009; L. 1976, ch. 145,§ 109;L. 1994, ch. 252, § 18; L. 1999, ch. 57, § 35;L. 1999, ch. 164, § 24; July 1.
