Cal. Codes » Penal Code / PART 3. OF IMPRISONMENT AND THE DEATH PENALTY / TITLE 3. EXECUTION OF DEATH PENALTY / CHAPTER 1. Executing Death Penalty
California Codes

Cal. Penal Code § 3604.1 (2026)

Executing Death Penalty

✓ current as of May 2026
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(a)The Administrative Procedure Act shall not apply to standards, procedures, or regulations promulgated pursuant to Section 3604. The department shall make the standards adopted under subdivision (a) of that section available to the public and to inmates sentenced to death. The department shall promptly notify the Attorney General, the State Public Defender, and counsel for any inmate for whom an execution date has been set or for whom a motion to set an execution date is pending of any adoption or amendment of the standards. Noncompliance with this subdivision is not a ground for stay of an execution or an injunction against carrying out an execution unless the noncompliance has actually prejudiced the inmate’s ability to challenge the standard, and in that event the stay shall be limited to a maximum of 10 days.

(b)Notwithstanding subdivision (a) of Section 3604, an execution by lethal injection may be carried out by means of an injection other than intravenous if the warden determines that the condition of the inmate makes intravenous injection impractical.

(c)The court which rendered the judgment of death has exclusive jurisdiction to hear any claim by the condemned inmate that the method of execution is unconstitutional or otherwise invalid. Such a claim shall be dismissed if the court finds its presentation was delayed without good cause. If the method is found invalid, the court shall order the use of a valid method of execution. If the use of a method of execution is enjoined by a federal court, the Department of Corrections and Rehabilitation shall adopt, within 90 days, a method that conforms to federal requirements as found by that court. If the department fails to perform any duty needed to enable it to execute the judgment, the court which rendered the judgment of death shall order it to perform that duty on its own motion, on motion of the District Attorney or Attorney General, or on motion of any victim of the crime as defined in subdivision (e) of Section 28 of Article I of the California Constitution.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2022 · leading case: Kevin Cooper v. Gavin Newsom, 13 F.4th 857 (9th Cir. 2021).
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Kevin Cooper v. Gavin Newsom, 13 F.4th 857 (9th Cir. 2021). · cites it 3× “66; Cal. Penal Code § 3604.1 (b); see also Exec.”
Kevin Cooper v. Gavin Newsom, 26 F.4th 1104 (9th Cir. 2022). · cites it 11× “” Cal. Penal Code § 3604.1 (c). But neither Proposition 66, nor any other provision of California law, gave District Attorneys authority to participate in choosing the method by which California executes condemned prisoners, or to represent in court those who have the authority…”
Cal. Penal Code § 3604.1(c): 2 cases
Kevin Cooper v. Gavin Newsom, 13 F.4th 857 (9th Cir. 2021). “66; Cal. Penal Code § 3604.1 (b); see also Exec.”
Kevin Cooper v. Gavin Newsom, 26 F.4th 1104 (9th Cir. 2022). “” Cal. Penal Code § 3604.1 (c). But neither Proposition 66, nor any other provision of California law, gave District Attorneys authority to participate in choosing the method by which California executes condemned prisoners, or to represent in court those who have the authority…”
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