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 222 Original 2020 Regular Session Mack
Abstract: Provides relative to methods of execution for a death sentence, provides for the testing
of any substance utilized in the execution of a death sentence, 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.
Proposed law provides that if lethal injection or any practice, mode, or protocol for administering
lethal injection is held unconstitutional or otherwise becomes unavailable, the method of execution
shall be by nitrogen hypoxia. Further provides that any substance utilized in the execution of a death
sentence shall be tested for potency by submitting a request for such information from the La. State
Bd. of Medical Examiners and the La. Bd. of Pharmacy and shall be tested for purity by a state or
local forensics laboratory or an accredited third-party laboratory approved by the Dept. of Public
Safety and Corrections to certify the purity of each substance upon receipt of the substance and prior
to the scheduled execution.
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. 15:569(B) and (D) and 570(G) and R.S. 44:4.1(B)(8); Adds R.S. 15:569(E))