HLS 19RS-642 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 258
BY REPRESENTATIVE MUSCARELLO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC RECORDS: Provides for the confidentiality of identifying information of certain
persons or entities involved in the execution of a death sentence
1 AN ACT
2To amend and reenact R.S. 15:570(G) and R.S. 44:4.1(B)(8), relative to the execution of a
3 death sentence; to provide for the confidentiality of identifying information of any
4 person or entity that manufactures, supplies, transports, procures, compounds,
5 dispenses, or prescribes any substance, medical supplies, or medical equipment
6 utilized in the execution of a death sentence; to provide that the identifying
7 information of such persons or entities shall remain confidential, not be subject to
8 disclosure, and not be admissible as evidence nor discoverable in any proceeding;
9 to provide an exception to the Public Records Law for such purposes; to provide
10 certain information with regard to execution of the death penalty; and to provide for
11 related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 15:570(G) is hereby amended and reenacted to read as follows:
14 §570. Execution; officials and witnesses; minors excluded; time of execution; notice
15 to victim's relatives
16 * * *
17 G.(1) The identity of any persons other than the persons specified in
18 Subsection F of this Section who participate or perform ancillary functions in an
19 execution of the death sentence, either directly or indirectly, shall remain strictly
20 confidential and the identities of those persons and information about those persons
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HB NO. 258
1 which could lead to the determination of the identities of those persons shall not be
2 subject to public disclosure in any manner. Any information contained in records
3 that could identify any person other than the persons specified in Subsection F of this
4 Section shall remain confidential, shall not be subject to disclosure, and shall not be
5 admissible as evidence nor discoverable in any proceeding before any court, tribunal,
6 board, agency, or person.
7 (2)(a) The identity of any person or entity that manufactures, supplies,
8 transports, procures, compounds, dispenses, prescribes, synthesizes, prepares, tests,
9 uses, sells, imports, distributes, or administers any substance, medical supplies, or
10 medical equipment utilized in the execution of a death sentence shall remain strictly
11 confidential. The identity of such person or entity, and any information about such
12 person or entity which could lead to the determination of the person's or entity's
13 identity, shall not be subject to public disclosure in any manner. Any information
14 contained in records that identifies or could identify any such person or entity shall
15 remain confidential, shall not be subject to disclosure, and shall not be admissible as
16 evidence nor discoverable in any proceeding before any court, tribunal, board,
17 agency, commission, legislative or quasi-legislative body, or person.
18 (b) For purposes of this Paragraph, a person or entity that manufactures,
19 supplies, transports, procures, compounds, dispenses, prescribes, synthesizes,
20 prepares, tests, uses, sells, imports, distributes, or administers any substance, medical
21 supplies, or medical equipment utilized in the execution of a death sentence includes
22 but is not limited to any pharmacist, pharmacy, wholesale drug distributor, or
23 outsourcing facility, including any officer or employee of such pharmacy, wholesale
24 drug distributor, or outsourcing facility, that supplies any substance, medical
25 supplies, or medical equipment to the Department of Public Safety and Corrections
26 for use in the execution of a death sentence.
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HB NO. 258
1 (c) This Paragraph applies retroactively to any request for information,
2 discovery request, or proceeding, no matter when made or initiated, including
3 pending litigation.
4 * * *
5 Section 2. R.S. 44:4.1(B)(8) is hereby amended and reenacted to read as follows:
6 §4.1. Exceptions
7 * * *
8 B. The legislature further recognizes that there exist exceptions, exemptions,
9 and limitations to the laws pertaining to public records throughout the revised
10 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
11 limitations are hereby continued in effect by incorporation into this Chapter by
12 citation:
13 * * *
14 (8) R.S. 15:242, 440.6, 477.2, 549, 570(F) and (G), 574.12, 578.1, 616, 660,
15 840.1, 1176, 1204.1, 1212.1(E), 1507, 1614
16 * * *
17 Section 3. It is the purpose of this Act to ensure absolute confidentiality of any
18documents, records, or information that could lead to the identification of a person or entity
19involved in any way in the Department of Public Safety and Correction's acquisition or
20preparation of drugs for lethal injections. It is necessary that the confidentiality provisions
21of this Act be construed as broadly as possible to ensure the absolute confidentiality of this
22identifying information so as to ensure that the Department of Public Safety and Corrections
23is able to acquire the drugs necessary for lethal injections.
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
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HB NO. 258
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))
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HB NO. 258
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.
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