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Arkansas House Bill HB1489

Arkansas 2025 Regular Session

Arkansas House Bill HB1489 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 302 of the Regular Session
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43 State of Arkansas 1
54 95th General Assembly A Bill 2
65 Regular Session, 2025 HOUSE BILL 1489 3
76 4
87 By: Representatives Wardlaw, Andrews, Barker, Beaty Jr., Beck, S. Berry, Breaux, K. Brown, M. Brown, 5
98 Joey Carr, John Carr, Cavenaugh, Childress, Cozart, Duffield, Eubanks, Furman, Gonzales, Hall, Hawk, 6
109 Hollowell, Jean, L. Johnson, Ladyman, Long, Lundstrum, Lynch, McClure, McCollum, M. McElroy, 7
1110 McGrew, McNair, Milligan, J. Moore, Nazarenko, Painter, Pilkington, Puryear, Ray, R. Scott Richardson, 8
1211 Richmond, Rye, Torres, Underwood, Vaught, Walker 9
1312 By: Senators B. Johnson, Caldwell, Crowell, Dees, J. Dotson, J. English, Flippo, Gilmore, K. Hammer, 10
1413 Hester, Hill, Irvin, M. Johnson, M. McKee, J. Payton, Rice, Stone, G. Stubblefield, D. Sullivan, D. 11
1514 Wallace 12
1615 13
1716 For An Act To Be Entitled 14
1817 AN ACT TO AMEND THE METHOD OF EXECUTION TO INCLUDE 15
1918 NITROGEN GAS; AND FOR OTHER PURPOSES. 16
2019 17
2120 18
2221 Subtitle 19
2322 TO AMEND THE METHOD OF EXECUTION TO 20
2423 INCLUDE NITROGEN GAS. 21
2524 22
2625 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
2726 24
2827 SECTION 1. Arkansas Code § 5 -4-615 is amended to read as follows: 25
2928 5-4-615. Conviction — Punishments. 26
3029 A person convicted of a capital offense shall be punished by death by 27
3130 lethal injection or by life imprisonment without parole pursuant to this 28
3231 subchapter. 29
3332 30
3433 SECTION 2. Arkansas Code § 5 -4-617 is amended to read as follows: 31
3534 5-4-617. Method of execution. 32
3635 (a) The Division of Correction shall carry out the a sentence of death 33
3736 either by intravenous lethal injection of the drug or drugs described in 34
3837 subsection (c) (d) of this section in an amount sufficient to cause death or 35
3938 by nitrogen gas. 36 HB1489
4039
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4241 (b)(1) Upon receipt of a warrant of execution from the Governor, the 1
4342 Director of the Division of Correction shall provide written notice within 2
4443 seven (7) days to the condemned prisoner of the method of execution. 3
4544 (2) If lethal injection is selected as the method of execution, 4
4645 the written notice shall include the name or names of the drug or drugs to be 5
4746 used in the execution. 6
4847 (c) The Director of the Division of Correction director or his or her 7
4948 designee may order the dispensation and administration of the drug or drugs 8
5049 described in subsection (c) (d) of this section for the purpose of carrying 9
5150 out the lethal-injection procedure, and a prescription is not required. 10
5251 (c)(d) The division director shall select one (1) of the following 11
5352 options for a lethal -injection protocol, depending on the availability of the 12
5453 drugs: 13
5554 (1) A barbiturate; or 14
5655 (2) Midazolam, followed by vecuronium bromide, followed by 15
5756 potassium chloride. 16
5857 (d)(e) The drug or drugs described in subsection (c) (d) of this 17
5958 section used to carry out the lethal injection shall be: 18
6059 (1) Approved by the United States Food and Drug Administration 19
6160 and made by a manufacturer approved by the United States Food and Drug 20
6261 Administration; 21
6362 (2) Obtained from a facility registered with the United States 22
6463 Food and Drug Administration; or 23
6564 (3) Obtained from a compounding pharmacy that has been 24
6665 accredited by a national organization that accredits compounding pharmacies. 25
6766 (e)(f) The drugs set forth in subsection (c) (d) of this section shall 26
6867 be administered along with any additional substances, such as saline 27
6968 solution, called for in the instructions. 28
7069 (f)(g) Catheters, sterile intravenous solution, and other equipment 29
7170 used for the intravenous injection of the drug or drugs set forth in 30
7271 subsection (c) (d) of this section shall be sterilized and prepared in a 31
7372 manner that is safe and commonly performed in connection with the intravenous 32
7473 administration of drugs of that type. 33
7574 (g)(h) The director shall develop logistical procedures necessary to 34
7675 carry out the sentence of death, including: 35
7776 (1) The following matters: 36 HB1489
7877
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8079 (A) Ensuring that the drugs and substances set forth in 1
8180 this section and other necessary supplies for the lethal injection execution 2
8281 are available for use on the scheduled date of the execution; 3
8382 (B) Conducting employee orientation of the lethal 4
8483 injection execution procedure before the day of the execution; 5
8584 (C) Determining the logistics of the viewing; 6
8685 (D) Coordinating with other governmental agencies involved 7
8786 with security and law enforcement; 8
8887 (E) Transferring the condemned prisoner to the facility 9
8988 where the sentence of death will be carried out; 10
9089 (F) Escorting the condemned prisoner from the holding cell 11
9190 to the execution chamber; 12
9291 (G) Determining the identity, arrival, and departure of 13
9392 the persons involved with carrying out the sentence of death at the facility 14
9493 where the sentence of death will be carried out; and 15
9594 (H) Making arrangements for the disposition of the 16
9695 condemned prisoner's body and personal property; and 17
9796 (2) The following matters pertaining to other logistical issues: 18
9897 (A) Chaplaincy services; 19
9998 (B) Visitation privileges; 20
10099 (C) Determining the condemned prisoner's death, which 21
101100 shall be pronounced according to accepted medical standards; and 22
102101 (D) Establishing a protocol for any necessary mixing or 23
103102 reconstitution of the drugs and substances set forth in this section in 24
104103 accordance with the instructions. 25
105104 (h)(i) The procedures for carrying out the sentence of death and 26
106105 related matters are not subject to the Arkansas Administrative Procedure Act, 27
107106 § 25-15-201 et seq. 28
108107 (i)(1)(j)(1) Except as provided for under subdivision (i)(2) (j)(2) of 29
109108 this section, a person shall not disclose in response to a request under the 30
110109 Freedom of Information Act of 1967, § 25 -19-101 et seq., or in response to 31
111110 discovery under the Arkansas Rules of Civil Procedure, or otherwise, any of 32
112111 the following: 33
113112 (A) Documents, records, or information that may identify 34
114113 or reasonably lead to the identification of entities or persons who 35
115114 participate in the execution process or administer lethal injections or 36 HB1489
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118117 nitrogen gas; 1
119118 (B) Documents, records, or information that may identify 2
120119 or reasonably lead directly or indirectly to the identification of an entity 3
121120 or person who compounds, synthesizes, tests, sells, supplies, manufactures, 4
122121 transports, procures, dispenses, or prescribes the drug or drugs described in 5
123122 subsection (c) (d) of this section, or that provides the medical supplies , or 6
124123 medical equipment, nitrogen, chemicals, or other equipment for the execution 7
125124 process; or 8
126125 (C) Documents, records, or information that concern the 9
127126 procedures under subdivision (g)(1) (h)(1) of this section and the 10
128127 implementation of the procedures under subdivision (g)(1) (h)(1) of this 11
129128 section. 12
130129 (2) The following documents, records, and information may be 13
131130 disclosed: 14
132131 (A) The director may disclose or authorize disclosure of 15
133132 documents, records, and information to his or her subordinates, contractors, 16
134133 or vendors to the extent necessary to carry out his or her duties under this 17
135134 section; 18
136135 (B) The director may disclose or authorize disclosure of 19
137136 documents, records, and information to the Governor or the Attorney General, 20
138137 or both; and 21
139138 (C) The Governor or the Attorney General, or both, may 22
140139 disclose or authorize the disclosure of documents, records, and information 23
141140 to their subordinates to the extent necessary to carry out their duties under 24
142141 law. 25
143142 (3)(A) If any part of this subsection is invalidated by a final 26
144143 and unappealable court order, any unauthorized disclosure of information 27
145144 under this section shall be permitted only after the entry and service of an 28
146145 order prohibiting public disclosure or use of the documents, records, or 29
147146 information and requiring that a public filing of the documents, records, or 30
148147 information be done under seal. 31
149148 (B) A person who recklessly discloses documents, records, 32
150149 or information in violation of an order under this subdivision (i)(3) (j)(3) 33
151150 upon conviction is guilty of a Class D felony. 34
152151 (j)(1)(k)(1) The director shall certify under oath that the drug or 35
153152 drugs described in subsection (c) (d) of this section meet the requirements 36 HB1489
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156155 of subsection (d) (e) of this section. 1
157156 (2) After the certification required under this subsection, a 2
158157 challenge to the conformity of the drug or drugs described under subsection 3
159158 (c) (d) of this section with the requirements of subsection (d) (e) of this 4
160159 section shall be brought only as an original action in the Supreme Court. 5
161160 (k)(l) The division shall make available to the public any of the 6
162161 following information upon request, so long as the information that may be 7
163162 used to identify an entity or person listed in subsection (i) (j) of this 8
164163 section is redacted and maintained as confidential: 9
165164 (1) The certification provided for under subsection (j) (k) of 10
166165 this section; and 11
167166 (2) The division's procedure for administering the drug or drugs 12
168167 described in subsection (c) (d) of this section; and 13
169168 (3) The division’s procedure for administering nitrogen gas for 14
170169 a nitrogen-hypoxia execution. 15
171170 (l)(m) The division shall carry out the sentence of death by 16
172171 electrocution if execution by lethal injection and nitrogen hypoxia under 17
173172 this section is are invalidated by a final and unappealable court order. 18
174173 (n)(1) A sentence of death shall not be reduced as a result of a 19
175174 method of execution being declared unconstitutional. 20
176175 (2) The death sentence shall remain in force until the sentence 21
177176 can be lawfully executed by a valid method of execution. 22
178177 (m)(o) Every person that procures, prepares, administers, monitors, or 23
179178 supervises the injection of a drug or drugs under this section or procures, 24
180179 prepares, administers, monitors, or supervises the administration of nitrogen 25
181180 gas under this section has immunity under § 19 -10-305. 26
182181 (n)(p) A person who recklessly discloses documents, records, or 27
183182 information in violation of subdivision (i)(1) (j)(1) of this section upon 28
184183 conviction is guilty of a Class D felony. 29
185184 30
186185 SECTION 3. Arkansas Code § 5 -10-106(a)(2), concerning the criminal 31
187186 offense and definition of "physician -assisted suicide", is amended to read as 32
188187 follows: 33
189188 (2) However, “physician -assisted suicide” does not apply to a 34
190189 person participating in the execution of a person sentenced by a court to 35
191-death by lethal injection. APPROVED: 3/18/25 36
190+death by lethal injection. 36