Louisiana 2014 2014 Regular Session

Louisiana House Bill HB328 Introduced / Bill

                    HLS 14RS-793	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 328
BY REPRESENTATIVE LOPINTO
CRIMINAL/PROCEDURE:  Authorizes execution of a death sentence by electrocution
AN ACT1
To amend and reenact R.S. 15:569, relative to the manner of execution of a death sentence;2
to authorize the use of electrocution as a form of execution; to provide for the3
selection of the manner of execution; to provide for procedures; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 15:569 is hereby amended and reenacted to read as follows: 7
ยง569.  Place for execution of death sentence; manner of execution 8
 A.  Every sentence of death executed in this state prior to September 15, 1991, shall9
be by electrocution, that is, causing to pass through the body of the person convicted10
a current of electricity of sufficient intensity to cause death, and the application and11
continuance of such current through the body of the person convicted until such12
person is dead. Every sentence of death imposed in this state shall be executed at the13
Louisiana State Penitentiary at Angola.  Every execution shall be made in a room14
entirely cut off from view of all except those permitted by law to be in said room.15
Every sentence of death executed in this state on or after August 1, 2014,16
shall be conducted by either of the following methods:17
(1) Lethal injection, which is the intravenous injection of a substance or18
substances in a lethal quantity into the body of a person convicted until such person19 HLS 14RS-793	ORIGINAL
HB NO. 328
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
is dead. Execution by lethal injection shall be permitted in accordance with1
procedures developed by the department.2
(2)  Electrocution, which is the causing to pass through the body of the3
person convicted a current of electricity of sufficient intensity to cause death, and the4
application and continuance of such current through the body of the person convicted5
until such person is dead.6
B. Every sentence of death executed on or after September 15, 1991, shall7
be by lethal injection; that is, by the intravenous injection of a substance or8
substances in a lethal quantity into the body of a person convicted until such person9
is dead.  Every sentence of death imposed in this state shall be executed at the10
Louisiana State Penitentiary at Angola. Every execution shall be made in a room11
entirely cut off from view of all except those permitted by law to be in said room.12
The method of execution shall be chosen by the secretary of the department based13
upon the ability of the department to administer the lethal injection or conduct the14
execution by electrocution.15
C. Every sentence of death imposed in this state shall be executed at the16
Louisiana State Penitentiary at Angola.  Every execution shall be made in a room17
entirely cut off from view of all except those permitted by law to be in that room.18
C.D. No licensed health care professional shall be compelled to administer19
a lethal injection.20
D.E. The provisions of the Administrative Procedure Act, R.S. 49:950, et21
seq., shall not apply to the procedures and policies concerning the process for22
implementing a sentence of death.23
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Lopinto	HB No. 328
Abstract: Provides that electrocution or lethal injection are permissible forms of execution. HLS 14RS-793	ORIGINAL
HB NO. 328
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that every sentence of death executed on or after September 15, 1991,
shall be by lethal injection, which is the intravenous injection of a substance or substances
in a lethal quantity into the body of a person convicted until such person is dead.
Proposed law retains lethal injection as a form of execution, but also authorizes electrocution
as a form of execution for any execution ordered after August 1, 2014.
Proposed law further provides that the method of execution shall be chosen by the secretary
of the department based upon the ability to perform the execution.
(Amends R.S. 15:569)