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Prepared by James Benton.
Lopinto HB No. 328
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CRIMINAL/PROCEDURE: Provides for confidentiality of information relating to the
execution of a death sentence
DIGEST
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.
Proposed law provides that the Department of Public Safety and Corrections will keep a
record of the following for the purpose of review and evaluation of executions:
(1)All contacts and attempted contacts made with potential drug suppliers including but
not limited to pharmacies, hospitals, manufacturers, and other state department of
corrections.
(2)Information regarding the drugs used in the executions including but not limited to
when they were obtained, who manufactured them, their strengths and composition,
records of any tests performed on the drugs, where they are stored, and their
expiration date.
(3)A record of all costs and payments associated with the purchase of lethal injection
drugs.
Present law provides that no out-of-state pharmacy providing pharmacy services to residents
of this state shall open, establish, operate, or maintain a pharmacy located out-of-state unless
the pharmacy is issued a permit by the board.
Proposed law provides that this requirement will not apply to an out-of-state pharmacy,
licensed and in good standing in the state in which it is located, providing pharmacy services
to the secretary of the Department of Public Safety and Corrections related to an execution
order issued in accordance with present law.
Present law provides that a pharmacy located outside this state which does business in this
state will hold a current pharmacy permit as provided in present law. The pharmacy will be
designated a "nonresident pharmacy" and the permit will be designated a "nonresident
pharmacy permit".
Proposed law provides that this requirement will not apply to an out-of-state pharmacy,
licensed and in good standing in the state in which it is located, providing pharmacy services
to the secretary of the Department of Public Safety and Corrections related to an execution
order issued in accordance with present law.
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, Page 2 of 2
Prepared by James Benton.
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.
(Amends R.S. 37:1221(B) and 1232(A) and 44:4.1(B)(8); adds R.S. 15:569(E) and 569.2)
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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Adds exceptions to present law for out-of-state pharmacies.
2. Adds provisions relative to maintaining certain records by the Department of
Public Safety and Corrections.