Nitrogen gas bill could restart executions
If Gov. Sarah Sanders signs into law HB 1489, Arkansas executions could begin again.
The bill, sponsored by Rep. Jeff Wardlaw, R-Hermitage, and Sen. Blake Johnson, R-Corning, would allow nitrogen gas to be used for a nitrogen-hypoxia execution. The process carries a high concentration of nitrogen gas into an inmate’s respiratory system, replacing oxygen in the body and causing death.
HB 1489 cleared the Arkansas House on a 67-23 vote and the State Senate by a vote of 26-9.
Sanders can sign or veto the law or let it go into effect without her signature, but a five-day signing period ends this week. The governor has not spoken publicly about her position on the bill, but her office did not seek to stop it as it moved through the legislative process.
“The Governor reviews legislation as it is introduced and discussed,” said Sanders’ spokesperson Sam Dubke when asked.
Rep. Wardlaw said in a recent Talk Business & Politics interview that constituents asked him to find alternatives to restart state executions.
“I think it [nitrogen] is the only drug or gas that we can procure to execute someone at this time,” said Wardlaw. “When you’re talking about human life, it’s always sensitive. But we’ve got to get our death row back moving, and nitrogen gas seems to be the best option out there for that.”
DEATH ROW STATUS
Arkansas has not executed a death row inmate since serial killer Kenneth Williams’ death sentence was carried out on April 27, 2017 by Gov. Asa Hutchinson. The execution was conducted by lethal injection from a cocktail of drugs that manufacturers have stopped providing to states due to public pressure.
Nitrogen gas executions have been conducted four times in Alabama. Other states, including Oklahoma and Mississippi, have passed laws and petitioned to carry out executions using nitrogen gas with Arkansas potentially joining that list.
There are presently 25 inmates on death row in Arkansas. Eleven have exhausted their appeals and could be considered for execution, according to the state Department of Corrections; however, it is not certain that all 11 would be put to death by nitrogen gas.
HB 1489 outlines that the Corrections department shall provide written notice within seven days to the condemned prisoner of the method of execution. If lethal injection is selected as the method of execution, the written notice shall include the name or names of the drug or drugs to be used in the execution, depending on the availability of the drugs.
The death sentence shall be carried out by electrocution if execution by lethal injection and nitrogen hypoxia under HB 1489 is invalidated by a final and unappealable court order. The measure also states that a death sentence shall not be reduced as a result of a method of execution being declared unconstitutional. The death sentence shall remain in force until the sentence can be lawfully executed by a valid method of execution.
AG GRIFFIN PREPARES
The process for executing a death row inmate begins with the state’s attorney general notifying the governor that all appeals have been exhausted. The governor then sets a date for execution and the Department of Corrections follows a timetable leading up to that date.
In an interview with Talk Business & Politics, AG Tim Griffin said his office has been “very involved” in reviewing HB 1489.
“I’ve been very involved in terms of my staff reviewing it, making sure it’s something that we believe legally, constitutionally we can defend. Now, my role with regard to executions is very limited. It’s just basically saying that we have individuals who have exhausted their legal remedies and we have people that can be scheduled for that,” said Griffin.
“My view is if you don’t like the death penalty, you need to change the law. But if the law’s on the books, I take an oath to uphold the constitution and our laws. If the law is on the books, we should respect that. And my view was to find a way to make the law work,” he added.
The first known execution in Arkansas took place in 1820 when Thomas Dickinson was hung for murder, according to the Death Penalty Center. In 1913, Arkansas replaced hanging with electrocution. Since 1913, the state has carried out 200 executions, according to the Department of Corrections website.
In 1967, then-Gov. Winthrop Rockefeller declared a moratorium on executions and in 1970, he granted clemency to all 15 men on death row. There was not another state execution until 1990 when Arkansas passed a law allowing for lethal injections as a method of execution.
Executions in Arkansas are performed at the Cummins Unit near Grady, about 30 miles south of Pine Bluff.