The bill amends Arkansas law to include nitrogen gas as an additional method of execution for individuals convicted of capital offenses. Specifically, it modifies Arkansas Code 5-4-615 and 5-4-617 to allow the Division of Correction to carry out death sentences either by lethal injection or by nitrogen gas. The bill outlines the procedures for notifying condemned prisoners of the method of execution and specifies that if lethal injection is chosen, the notice must include the names of the drugs to be used. Additionally, it establishes that the director of the Division of Correction or their designee can order the administration of the drugs or nitrogen gas without requiring a prescription.
Furthermore, the bill includes provisions for confidentiality regarding the identities of those involved in the execution process and the drugs or gases used. It ensures that any disclosures related to the execution process are limited and outlines penalties for unauthorized disclosures. The bill also states that if the methods of execution are deemed unconstitutional, the sentence of death will not be reduced, and the execution will remain in force until a valid method can be lawfully executed. Overall, the legislation aims to provide an alternative method of execution while maintaining strict confidentiality and procedural guidelines.
Statutes affected: HB 1489: 5-4-615, 5-4-617, 25-15-201, 25-19-101, 19-10-305, 5-10-106(a)
Act 302: 5-4-615, 5-4-617, 25-15-201, 25-19-101, 19-10-305, 5-10-106(a)