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)]
HB 258 Engrossed 2019 Regular Session Muscarello
Abstract: Provides for the confidentiality of identifying information of any person or entity that
performs certain functions with respect to any substance, medical supplies, or medical
equipment utilized in the execution of a death sentence, and provides for retroactive
application.
Present law requires the secretary of the Dept. of Public Safety and Corrections, or a competent
person selected by him, to execute an offender who is sentenced to death in conformity with the
death warrant issued in the case.
Present law further provides that every sentence of death executed on or after Sept. 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 until such person is dead.
Present law provides that every execution of the death sentence shall take place in the presence of
the following:
(1)The warden of the La. State Penitentiary at Angola, or a competent person selected by him.
(2)The coroner of the parish of West Feliciana, or his deputy.
(3)A physician summoned by the warden of the La. State Penitentiary at Angola.
(4)A competent person selected by the warden of the La. State Penitentiary to administer the
lethal injection.
(5)A priest or minister of the gospel, if the person sentenced to death so requests it.
(6)Not less than five nor more than seven other witnesses.
Present law further authorizes two of the victim's family members, including any parent, guardian,
spouse, or adult child, to be present and witness the execution.
Present law provides that only the identities of those persons listed in paragraphs (1), (2), (5), and
(6) above, and the family members of the victim who are present at the execution shall be made
public. Present law identifies this present law provision as an exception to the Public Records Law. Present law provides that the identity of any other person who participates or performs ancillary
functions in an execution of the death sentence, either directly or indirectly, shall remain strictly
confidential and shall not be subject to public disclosure in any manner.
Proposed law retains present law and adds that the identity, and information that could lead to the
identity, of any person or entity that manufactures, supplies, transports, procures, compounds,
dispenses, prescribes, synthesizes, prepares, tests, uses, sells, imports, distributes, or administers any
substance, medical supplies, or medical equipment utilized in the execution of a death sentence shall
remain strictly confidential, shall not be subject to public disclosure in any manner, and shall not be
admissible as evidence nor discoverable in any proceeding before any court, tribunal, board, agency,
commission, legislative or quasi-legislative body, or person. Further provides that proposed law
applies retroactively to any request for information, discovery request, or proceeding, no matter when
made or initiated, including pending litigation.
Proposed law amends exceptions to present law (Public Records Law) to include proposed law as
an exception.
Proposed law provides, in part, that the purpose of proposed law is to ensure absolute confidentiality.
(Amends R.S. 15:570(G) and R.S. 44:4.1(B)(8))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Add to the list of persons whose identity shall not be disclosed those persons who
synthesize, prepare, test, use, sell, import, distribute, or administer any substance,
medical supplies, or medical equipment utilized in the execution of a death sentence.
2. Add that the identity and information about the identity of persons protected under
proposed law shall not be admissible or discoverable in any proceeding before any
commission or any legislative or quasi-legislative body.
3. Add that proposed law applies retroactively to any request for information, discovery
request, or proceeding, no matter when made or initiated, including pending litigation.
4. Add provisions relative to the purpose of the Act.