Tennessee House Bill HB1245

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/23
• Refer: 2/2/23
• Refer: 2/21/23
• Refer: 2/28/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 23, relative to the death penalty.

Impact

The implications of HB1245 highlight a significant adjustment in the management of death penalty procedures in Tennessee. By establishing a formal recognition of circumstances under which the state cannot strictly follow lethal injection protocols, the bill may pave the way for alternative methods of execution or adjustments in the application of capital punishment under specific situations. This change aims to ensure that the death penalty can be implemented even when the prescribed methods are deemed unmanageable.

Summary

House Bill 1245 seeks to amend provisions related to the death penalty as outlined in Tennessee Code Annotated, Title 40, Chapter 23. Specifically, the bill proposes an update to Section 40-23-114(e) by introducing procedures related to the state's inability to conform to lethal injection protocols. This modification allows the commissioner to certify to the governor when the state department cannot adhere to the required protocol for executing a death sentence.

Contention

The bill's content may attract varying perspectives within legislative discussions. Proponents advocate for the measure as a necessity to uphold the integrity and functionality of the death penalty, while critics may view it as a potential loophole that could lead to ethical dilemmas regarding capital punishment practices. The balancing of public safety, moral concerns about execution methods, and the state's commitment to executing death sentences will likely be at the forefront of ongoing debates surrounding this legislation.