House Bill No. 394, introduced by Representative Muscarello, aims to amend and reenact specific provisions related to the execution of death sentences in Louisiana. The bill modifies the conditions precedent to execution, including the issuance of a warrant by the court, which must specify the execution date to be set between 60 to 90 days from the warrant's issuance. Notably, the sheriff is now required to serve the warrant upon the secretary of the Department of Public Safety and Corrections, and the trial court must reset the execution date within 30 days if a stay or reprieve is granted. The bill also clarifies that if a stay is lifted before the expiration of the set time period, the execution may proceed on the originally fixed date.

Additionally, the bill revises the list of individuals permitted to witness an execution. It replaces the requirement for a priest or minister with a more general provision for a spiritual advisor, and it allows the secretary of the Department of Public Safety and Corrections to determine the number of other witnesses present, rather than adhering to a fixed minimum and maximum. Furthermore, the execution time is adjusted to begin at 4:00 p.m. instead of 6:00 p.m., and the existing law that mandated executions occur between 6:00 p.m. and 9:00 p.m. is repealed. The bill is set to take effect upon the governor's signature or after the lapse of time for gubernatorial action.

Statutes affected:
HB394 Original: 15:567(B), 15:570(A)(5)
HB394 Engrossed: 15:567(B), 15:570(A)(5)