HLS 20RS-375 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 71
BY REPRESENTATIVE MACK
CRIMINAL/SENTENCING: Provides relative to the execution of a death sentence
1 AN ACT
2To amend and reenact R.S. 15:569(D) and 570(G) and R.S. 44:4.1(B)(8) and to enact R.S.
3 15:569(E), relative to the execution of a death sentence; to provide for the
4 confidentiality of identifying information of any person or entity that manufactures,
5 supplies, transports, procures, compounds, dispenses, or prescribes any substance,
6 medical supplies, or medical equipment utilized in the execution of a death sentence;
7 to provide that the identifying information of such persons or entities shall remain
8 confidential, not be subject to disclosure, and not be admissible as evidence nor
9 discoverable in any proceeding; to provide an exception to the Public Records Law
10 for such purposes; to provide certain information with regard to execution of the
11 death penalty; to provide for the testing of any substance utilized in the execution of
12 a death sentence; and to provide for related matters.
13Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 15:569(D) and 570(G) are hereby amended and reenacted and R.S.
1515:569(E) is hereby enacted to read as follows:
16 §569. Place for execution of death sentence; manner of execution
17 * * *
18 D. Any substance utilized in the execution of a death sentence shall be tested
19 for potency and purity by a state or local forensics laboratory upon receipt of the
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1 substance by the Department of Public Safety and Corrections and prior to the
2 scheduled execution.
3 D.E. The provisions of the Administrative Procedure Act, R.S. 49:950, et
4 seq., shall not apply to the procedures and policies concerning the process for
5 implementing a sentence of death.
6 * * *
7 §570. Execution; officials and witnesses; minors excluded; time of execution; notice
8 to victim's relatives
9 * * *
10 G.(1) The identity of any persons other than the persons specified in
11 Subsection F of this Section who participate or perform ancillary functions in an
12 execution of the death sentence, either directly or indirectly, shall remain strictly
13 confidential and the identities of those persons and information about those persons
14 which could lead to the determination of the identities of those persons shall not be
15 subject to public disclosure in any manner. Any information contained in records
16 that could identify any person other than the persons specified in Subsection F of this
17 Section shall remain confidential, shall not be subject to disclosure, and shall not be
18 admissible as evidence nor discoverable in any proceeding before any court, tribunal,
19 board, agency, or person.
20 (2)(a) The identity of any person or entity that manufactures, supplies,
21 transports, procures, compounds, dispenses, prescribes, synthesizes, prepares, tests,
22 uses, sells, imports, distributes, or administers any substance, medical supplies, or
23 medical equipment utilized in the execution of a death sentence shall remain strictly
24 confidential. The identity of such person or entity, and any information about such
25 person or entity which could lead to the determination of the person's or entity's
26 identity, shall not be subject to public disclosure in any manner. Any information
27 contained in records that identifies or could identify any such person or entity shall
28 remain confidential, shall not be subject to disclosure, and shall not be admissible as
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1 evidence nor discoverable in any proceeding before any court, tribunal, board,
2 agency, commission, legislative or quasi-legislative body, or person.
3 (b) For purposes of this Paragraph, a person or entity that manufactures,
4 supplies, transports, procures, compounds, dispenses, prescribes, synthesizes,
5 prepares, tests, uses, sells, imports, distributes, or administers any substance, medical
6 supplies, or medical equipment utilized in the execution of a death sentence includes
7 but is not limited to any pharmacist, pharmacy, wholesale drug distributor, or
8 outsourcing facility, including any officer or employee of such pharmacy, wholesale
9 drug distributor, or outsourcing facility, that supplies any substance, medical
10 supplies, or medical equipment to the Department of Public Safety and Corrections
11 for use in the execution of a death sentence.
12 (c) This Paragraph applies retroactively to any request for information,
13 discovery request, or proceeding, no matter when made or initiated, including
14 pending litigation.
15 * * *
16 Section 2. R.S. 44:4.1(B)(8) is hereby amended and reenacted to read as follows:
17 §4.1. Exceptions
18 * * *
19 B. The legislature further recognizes that there exist exceptions, exemptions,
20 and limitations to the laws pertaining to public records throughout the revised
21 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
22 limitations are hereby continued in effect by incorporation into this Chapter by
23 citation:
24 * * *
25 (8) R.S. 15:242, 440.6, 477.2, 549, 570(F) and (G), 574.12, 578.1, 587,
26 587.1.2, 616, 660, 840.1, 1176, 1204.1, 1212.1(E), 1507
27 * * *
28 Section 3. It is the purpose of this Act to ensure absolute confidentiality of any
29documents, records, or information that could lead to the identification of a person or entity
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1involved in any way in the Department of Public Safety and Correction's acquisition or
2preparation of drugs for lethal injections. It is necessary that the confidentiality provisions
3of this Act be construed as broadly as possible to ensure the absolute confidentiality of this
4identifying information so as to ensure that the Department of Public Safety and Corrections
5is 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 71 Original 2020 Regular Session Mack
Abstract: 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 any substance utilized in the execution of a death sentence shall
be tested for potency and purity by a state or local forensics laboratory upon receipt of the
substance by the Dept. of Public Safety and Corrections 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.
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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(D) and 570(G) and R.S. 44:4.1(B)(8); Adds R.S. 15:569(E))
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