Stricken language would be deleted from and underlined language would be added to present law.
Act 302 of the Regular Session
*JMB325* 02/14/2025 8:53:23 AM JMB325
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1489 3
4
By: Representatives Wardlaw, Andrews, Barker, Beaty Jr., Beck, S. Berry, Breaux, K. Brown, M. Brown, 5
Joey Carr, John Carr, Cavenaugh, Childress, Cozart, Duffield, Eubanks, Furman, Gonzales, Hall, Hawk, 6
Hollowell, Jean, L. Johnson, Ladyman, Long, Lundstrum, Lynch, McClure, McCollum, M. McElroy, 7
McGrew, McNair, Milligan, J. Moore, Nazarenko, Painter, Pilkington, Puryear, Ray, R. Scott Richardson, 8
Richmond, Rye, Torres, Underwood, Vaught, Walker 9
By: Senators B. Johnson, Caldwell, Crowell, Dees, J. Dotson, J. English, Flippo, Gilmore, K. Hammer, 10
Hester, Hill, Irvin, M. Johnson, M. McKee, J. Payton, Rice, Stone, G. Stubblefield, D. Sullivan, D. 11
Wallace 12
13
For An Act To Be Entitled 14
AN ACT TO AMEND THE METHOD OF EXECUTION TO INCLUDE 15
NITROGEN GAS; AND FOR OTHER PURPOSES. 16
17
18
Subtitle 19
TO AMEND THE METHOD OF EXECUTION TO 20
INCLUDE NITROGEN GAS. 21
22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
24
SECTION 1. Arkansas Code § 5 -4-615 is amended to read as follows: 25
5-4-615. Conviction — Punishments. 26
A person convicted of a capital offense shall be punished by death by 27
lethal injection or by life imprisonment without parole pursuant to this 28
subchapter. 29
30
SECTION 2. Arkansas Code § 5 -4-617 is amended to read as follows: 31
5-4-617. Method of execution. 32
(a) The Division of Correction shall carry out the a sentence of death 33
either by intravenous lethal injection of the drug or drugs described in 34
subsection (c) (d) of this section in an amount sufficient to cause death or 35
by nitrogen gas. 36 HB1489
2 02/14/2025 8:53:23 AM JMB325
(b)(1) Upon receipt of a warrant of execution from the Governor, the 1
Director of the Division of Correction shall provide written notice within 2
seven (7) days to the condemned prisoner of the method of execution. 3
(2) If lethal injection is selected as the method of execution, 4
the written notice shall include the name or names of the drug or drugs to be 5
used in the execution. 6
(c) The Director of the Division of Correction director or his or her 7
designee may order the dispensation and administration of the drug or drugs 8
described in subsection (c) (d) of this section for the purpose of carrying 9
out the lethal-injection procedure, and a prescription is not required. 10
(c)(d) The division director shall select one (1) of the following 11
options for a lethal -injection protocol, depending on the availability of the 12
drugs: 13
(1) A barbiturate; or 14
(2) Midazolam, followed by vecuronium bromide, followed by 15
potassium chloride. 16
(d)(e) The drug or drugs described in subsection (c) (d) of this 17
section used to carry out the lethal injection shall be: 18
(1) Approved by the United States Food and Drug Administration 19
and made by a manufacturer approved by the United States Food and Drug 20
Administration; 21
(2) Obtained from a facility registered with the United States 22
Food and Drug Administration; or 23
(3) Obtained from a compounding pharmacy that has been 24
accredited by a national organization that accredits compounding pharmacies. 25
(e)(f) The drugs set forth in subsection (c) (d) of this section shall 26
be administered along with any additional substances, such as saline 27
solution, called for in the instructions. 28
(f)(g) Catheters, sterile intravenous solution, and other equipment 29
used for the intravenous injection of the drug or drugs set forth in 30
subsection (c) (d) of this section shall be sterilized and prepared in a 31
manner that is safe and commonly performed in connection with the intravenous 32
administration of drugs of that type. 33
(g)(h) The director shall develop logistical procedures necessary to 34
carry out the sentence of death, including: 35
(1) The following matters: 36 HB1489
3 02/14/2025 8:53:23 AM JMB325
(A) Ensuring that the drugs and substances set forth in 1
this section and other necessary supplies for the lethal injection execution 2
are available for use on the scheduled date of the execution; 3
(B) Conducting employee orientation of the lethal 4
injection execution procedure before the day of the execution; 5
(C) Determining the logistics of the viewing; 6
(D) Coordinating with other governmental agencies involved 7
with security and law enforcement; 8
(E) Transferring the condemned prisoner to the facility 9
where the sentence of death will be carried out; 10
(F) Escorting the condemned prisoner from the holding cell 11
to the execution chamber; 12
(G) Determining the identity, arrival, and departure of 13
the persons involved with carrying out the sentence of death at the facility 14
where the sentence of death will be carried out; and 15
(H) Making arrangements for the disposition of the 16
condemned prisoner's body and personal property; and 17
(2) The following matters pertaining to other logistical issues: 18
(A) Chaplaincy services; 19
(B) Visitation privileges; 20
(C) Determining the condemned prisoner's death, which 21
shall be pronounced according to accepted medical standards; and 22
(D) Establishing a protocol for any necessary mixing or 23
reconstitution of the drugs and substances set forth in this section in 24
accordance with the instructions. 25
(h)(i) The procedures for carrying out the sentence of death and 26
related matters are not subject to the Arkansas Administrative Procedure Act, 27
§ 25-15-201 et seq. 28
(i)(1)(j)(1) Except as provided for under subdivision (i)(2) (j)(2) of 29
this section, a person shall not disclose in response to a request under the 30
Freedom of Information Act of 1967, § 25 -19-101 et seq., or in response to 31
discovery under the Arkansas Rules of Civil Procedure, or otherwise, any of 32
the following: 33
(A) Documents, records, or information that may identify 34
or reasonably lead to the identification of entities or persons who 35
participate in the execution process or administer lethal injections or 36 HB1489
4 02/14/2025 8:53:23 AM JMB325
nitrogen gas; 1
(B) Documents, records, or information that may identify 2
or reasonably lead directly or indirectly to the identification of an entity 3
or person who compounds, synthesizes, tests, sells, supplies, manufactures, 4
transports, procures, dispenses, or prescribes the drug or drugs described in 5
subsection (c) (d) of this section, or that provides the medical supplies , or 6
medical equipment, nitrogen, chemicals, or other equipment for the execution 7
process; or 8
(C) Documents, records, or information that concern the 9
procedures under subdivision (g)(1) (h)(1) of this section and the 10
implementation of the procedures under subdivision (g)(1) (h)(1) of this 11
section. 12
(2) The following documents, records, and information may be 13
disclosed: 14
(A) The director may disclose or authorize disclosure of 15
documents, records, and information to his or her subordinates, contractors, 16
or vendors to the extent necessary to carry out his or her duties under this 17
section; 18
(B) The director may disclose or authorize disclosure of 19
documents, records, and information to the Governor or the Attorney General, 20
or both; and 21
(C) The Governor or the Attorney General, or both, may 22
disclose or authorize the disclosure of documents, records, and information 23
to their subordinates to the extent necessary to carry out their duties under 24
law. 25
(3)(A) If any part of this subsection is invalidated by a final 26
and unappealable court order, any unauthorized disclosure of information 27
under this section shall be permitted only after the entry and service of an 28
order prohibiting public disclosure or use of the documents, records, or 29
information and requiring that a public filing of the documents, records, or 30
information be done under seal. 31
(B) A person who recklessly discloses documents, records, 32
or information in violation of an order under this subdivision (i)(3) (j)(3) 33
upon conviction is guilty of a Class D felony. 34
(j)(1)(k)(1) The director shall certify under oath that the drug or 35
drugs described in subsection (c) (d) of this section meet the requirements 36 HB1489
5 02/14/2025 8:53:23 AM JMB325
of subsection (d) (e) of this section. 1
(2) After the certification required under this subsection, a 2
challenge to the conformity of the drug or drugs described under subsection 3
(c) (d) of this section with the requirements of subsection (d) (e) of this 4
section shall be brought only as an original action in the Supreme Court. 5
(k)(l) The division shall make available to the public any of the 6
following information upon request, so long as the information that may be 7
used to identify an entity or person listed in subsection (i) (j) of this 8
section is redacted and maintained as confidential: 9
(1) The certification provided for under subsection (j) (k) of 10
this section; and 11
(2) The division's procedure for administering the drug or drugs 12
described in subsection (c) (d) of this section; and 13
(3) The division’s procedure for administering nitrogen gas for 14
a nitrogen-hypoxia execution. 15
(l)(m) The division shall carry out the sentence of death by 16
electrocution if execution by lethal injection and nitrogen hypoxia under 17
this section is are invalidated by a final and unappealable court order. 18
(n)(1) A sentence of death shall not be reduced as a result of a 19
method of execution being declared unconstitutional. 20
(2) The death sentence shall remain in force until the sentence 21
can be lawfully executed by a valid method of execution. 22
(m)(o) Every person that procures, prepares, administers, monitors, or 23
supervises the injection of a drug or drugs under this section or procures, 24
prepares, administers, monitors, or supervises the administration of nitrogen 25
gas under this section has immunity under § 19 -10-305. 26
(n)(p) A person who recklessly discloses documents, records, or 27
information in violation of subdivision (i)(1) (j)(1) of this section upon 28
conviction is guilty of a Class D felony. 29
30
SECTION 3. Arkansas Code § 5-10-106(a)(2), concerning the criminal 31
offense and definition of "physician -assisted suicide", is amended to read as 32
follows: 33
(2) However, “physician -assisted suicide” does not apply to a 34
person participating in the execution of a person sentenced by a court to 35
death by lethal injection. APPROVED: 3/18/25 36