HLS 14RS-793 REENGROSSED
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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: Provides for confidentiality of information relating to the
execution of a death sentence
AN ACT1
To amend and reenact R.S. 44:4.1(B)(8) and to enact R.S. 15:569(E), relative to execution2
of a death sentence; to provide with respect to the confidentiality of information3
involving the manufacturing and compounding of a lethal injection; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:569(E) is hereby enacted to read as follows:7
§569. Place for execution of death sentence; manner of execution; confidentiality8
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E. The name, address, qualifications, and other identifying information of10
any person or entity that manufactures, compounds, prescribes, dispenses, supplies,11
or administers the drugs or supplies utilized in an execution shall be confidential,12
shall not be subject to disclosure, and shall not be admissible as evidence or13
discoverable in any action of any kind in any court or before any tribunal, board,14
agency, or person. The same confidentiality and protection shall also apply to any15
person who participates in an execution or performs any ancillary function related16
to an execution and shall include information contained in any department records,17
including electronic records, that would identify any such person.18 HLS 14RS-793 REENGROSSED
HB NO. 328
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 2. R.S. 44:4.1(B)(8) is hereby amended and reenacted to read as follows:1
§4.1. Exceptions2
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B. The legislature further recognizes that there exist exceptions, exemptions,4
and limitations to the laws pertaining to public records throughout the revised5
statutes and codes of this state. Therefore, the following exceptions, exemptions, and6
limitations are hereby continued in effect by incorporation into this Chapter by7
citation:8
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(8) R.S. 15:242, 440.6, 477.2, 549, 569(E), 570(F), 574.12, 578.1, 616, 660,10
840.1, 1176, 1204.1, 1507, 161411
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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 for confidentiality of information related to the execution of a death
sentence.
Present law provides for the manner of execution of a death sentence.
Proposed law retains present law.
Proposed law provides that the name, address, qualifications, and other identifying
information of any person or entity that manufactures, compounds, prescribes, dispenses,
supplies, or administers the drugs or supplies utilized in an execution shall be confidential,
shall not be subject to disclosure, and shall not be admissible as evidence or discoverable in
any action of any kind. Provides that the same confidentiality applies to any person who
participates in an execution or performs any ancillary function related to an execution and
shall include information contained in any department records, including electronic records,
that would identify any such person.
Present law (Public Records Law, R.S. 44:1 et seq.) defines "public record" and establishes
a framework for the ready availability of public records to requesting persons. Provides for
certain exceptions, exemptions, and limitations. Specifies that any exception, exemption,
or limitation to the laws pertaining to public records not provided for in the Public Records
Law or in the constitution shall have no effect.
Proposed law retains present law and adds a reference to the exception provided by proposed
law in the Public Records Law. HLS 14RS-793 REENGROSSED
HB NO. 328
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are additions.
(Amends R.S. 44:4.1(B)(8); Adds R.S. 15:569(E))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Deleted all references to death by electrocution.
2. Added provisions for the confidentiality of the identity of persons supplying
drugs for a lethal injection and of persons participating in or performing an
execution.
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the engrossed bill.
1. Adds a reference to proposed law in the Public Records Law.
2. Clarifies that the confidentiality provided in proposed law does apply to
information contained in department records.