Add nitrogen hypoxia as a method of execution
Legislative Analysis Report Add nitrogen hypoxia as a method of execution
1. Primary Purpose of the Bill
This bill proposes to add nitrogen hypoxia (using nitrogen gas to cause death) as an alternative method for carrying out death sentences in Ohio. It also permanently protects the identities of individuals, companies, and medical suppliers involved in preparing or administering executions by making their personal and professional information confidential and exempt from public records laws.
Criminal JusticeGovernment Law
2. Changes to Existing Law
ORC Sec. 2921.24 Adds a prohibition against recklessly disclosing 'execution identifying information' and makes violating this a fourth-degree misdemeanor.
ORC Sec. 2949.22 Allows death row inmates to choose nitrogen hypoxia as their execution method. Establishes nitrogen hypoxia as the default method if lethal injection is unavailable. Clarifies that if an execution method is ruled unconstitutional, the death sentence remains active until a valid method can be used.
ORC Sec. 2949.221 Defines 'execution identifying information' and makes it permanently confidential and exempt from public records. Protects execution participants and suppliers from professional licensing discipline. Allows individuals to sue for damages if their identifying information is leaked without permission.
ORC Sec. 2949.25 Allows personnel needed to perform nitrogen hypoxia executions to be present during the execution.
3. Key Information for Citizens
🗳️ What You Need to Know
- Death row inmates in Ohio can choose to be executed by nitrogen gas instead of lethal injection.
- If lethal injection drugs are unavailable, the state will use nitrogen gas as the default execution method.
- It is a crime to share identifying information about people, businesses, or medical providers involved in executions.
- If a court rules an execution method unconstitutional, the inmate's death sentence is not canceled or reduced; they will remain on death row until a legal method is available.
- Professional licensing boards cannot discipline or revoke the licenses of doctors, nurses, or businesses for participating in or supplying executions.
4. Entities Affected
- Death row inmates
- Ohio Department of Rehabilitation and Correction staff and wardens
- Manufacturers, suppliers, and transporters of execution drugs, nitrogen gas, and related equipment
- Professional licensing boards and authorities
- Journalists and members of the public seeking public records
5. Regulatory Impact & Enforcement
Agency Authority: The Director of the Ohio Department of Rehabilitation and Correction is authorized to create rules and procedures for businesses to apply for confidentiality protections regarding their involvement in executions.
Penalties & Mandates: Recklessly disclosing execution identifying information is a fourth-degree misdemeanor. Additionally, anyone who knowingly discloses this confidential information without authorization can be sued in civil court for actual damages, punitive damages, and attorney's fees.
Implementation Timeline: Not applicable
6. Estimated Fiscal Impact
State Revenue Impact
Not applicable
Local Government Impact
Not applicable
Implementation Costs
Not applicable
Net Annual Fiscal Effect
Not applicable
Policy doesn’t happen in a vacuum. Meet the representatives and senators who introduced this bill and are pushing it through the chamber. Click on any sponsor to see their district, party affiliation, and what other legislation they’ve championed this session.
Primary Sponsors
Brian Stewart
District
12
Chamber
House of Representatives
Party
Republican
Phil Plummer
District
39
Chamber
House of Representatives
Party
Republican
Co-Sponsors
Related Topics
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Criminal Justice
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Transportation
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Business & Commerce
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Local Government
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Status Changes
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Governor |
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Referred to committee
Feb 05 2025
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Documents
Access the primary source. This section hosts the full, unedited text of the legislation alongside every official document produced during its journey. From the initial draft to the final enrolled version, you can review the exact language being proposed for state law.
