HB1489
To Amend The Method Of Execution To Include Nitrogen Gas.
Last Action (March 18, 2025): Notification that HB1489 is now Act 302
Sponsors
AI-Generated Summary
House Bill 1489 amends Arkansas law to include nitrogen gas as an authorized method for carrying out the death penalty. The bill updates statutes governing capital punishment procedures, including provisions for the procurement, administration, and logistical management of executions. It extends existing confidentiality protections and immunity from liability to individuals and entities involved in the administration or preparation of nitrogen gas for executions, mirroring protections already in place for lethal injection. Furthermore, the bill specifies that if both lethal injection and nitrogen gas methods are invalidated by court orders, the state will revert to electrocution. It also clarifies that death sentences remain in force even if a specific execution method is found unconstitutional. Additionally, the bill updates definitions related to physician-assisted suicide to exempt those participating in authorized executions.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill are the Arkansas Department of Corrections and state officials tasked with carrying out capital punishment, as it provides them with an alternative execution method that may be easier to source than lethal injection drugs. Proponents of the death penalty who seek to ensure that death sentences are carried out despite potential shortages or legal challenges regarding lethal injection drugs also benefit from the expanded options provided by this legislation.
Who Might Suffer?
The bill is likely to be viewed as negatively impacting death row inmates, who are subject to an additional method of execution, and organizations that oppose the death penalty, who argue that the use of nitrogen gas may be cruel or experimental. Furthermore, those concerned with government transparency may be negatively impacted by the bill's provisions, which expand confidentiality and non-disclosure requirements regarding the entities and persons involved in the execution process, potentially limiting public oversight.
Vote Records
Third Reading
March 11, 2025View individual votes (35)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Jane English | Republican | Senate | Yea |
| Jonathan Dismang | Republican | Senate | Nay |
| Greg Leding | Democrat | Senate | Nay |
| Missy Irvin | Republican | Senate | Yea |
| Bryan King | Republican | Senate | Yea |
| Kim Hammer | Republican | Senate | Yea |
| Stephanie Flowers | Democrat | Senate | Nay |
| Frederick Love | Democrat | Senate | Nay |
| Terry Rice | Republican | Senate | Yea |
| Reginald Murdock | Democrat | Senate | Nay |
| Gary Stubblefield | Republican | Senate | Yea |
| Jim Dotson | Republican | Senate | Yea |
| John Payton | Republican | Senate | Yea |
| Alan Clark | Republican | Senate | Yea |
| Ronald Caldwell | Republican | Senate | Yea |
| Bart Hester | Republican | Senate | Yea |
| Jimmy Hickey | Republican | Senate | Yea |
| Dan Sullivan | Republican | Senate | Yea |
| David Wallace | Republican | Senate | Yea |
| Blake Johnson | Republican | Senate | Yea |
| Justin Boyd | Republican | Senate | Nay |
| Clarke Tucker | Democrat | Senate | Nay |
| Scott Flippo | Republican | Senate | Yea |
| Clint Penzo | Republican | Senate | Nay |
| Mark Johnson | Republican | Senate | Yea |
| Ricky Hill | Republican | Senate | Yea |
| Jamie Scott | Democrat | Senate | Nay |
| Breanne Davis | Republican | Senate | Yea |
| Ben Gilmore | Republican | Senate | Yea |
| Joshua Bryant | Republican | Senate | Yea |
| Matt McKee | Republican | Senate | Yea |
| Jim Petty | Republican | Senate | Yea |
| Steve Crowell | Republican | Senate | Yea |
| Tyler Dees | Republican | Senate | Yea |
| Matt Stone | Republican | Senate | Yea |
Third Reading
March 4, 2025View individual votes (100)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Tracy Steele | Democrat | House | Nay |
| Fred Allen | Democrat | House | Nay |
| Lane Jean | Republican | House | Yea |
| Stephen Meeks | Republican | House | Yea |
| Mark Perry | Democrat | House | NV |
| Jon Eubanks | Republican | House | NV |
| Matthew Shepherd | Republican | House | Yea |
| Jeff Wardlaw | Republican | House | Yea |
| Bruce Cozart | Republican | House | Yea |
| David Whitaker | Democrat | House | Nay |
| Mike Holcomb | Republican | House | Yea |
| Stephen Magie | Democrat | House | Nay |
| Mark McElroy | Republican | House | Yea |
| Richard Womack | Republican | House | Yea |
| Jack Ladyman | Republican | House | Yea |
| Robin Lundstrum | Republican | House | Yea |
| Dwight Tosh | Republican | House | Yea |
| Rick Beck | Republican | House | NV |
| Mary Bentley | Republican | House | Yea |
| Les Eaves | Republican | House | NV |
| Justin Gonzales | Republican | House | Yea |
| Julie Mayberry | Republican | House | NV |
| Ken Ferguson | Democrat | House | Nay |
| Ron Mcnair | Republican | House | Yea |
| Marcus Richmond | Republican | House | Yea |
| Deann Vaught | Republican | House | Yea |
| Karilyn Brown | Republican | House | Yea |
| Sonia Eubanks Barker | Republican | House | Yea |
| Frances Cavenaugh | Republican | House | Yea |
| Jimmie Gazaway | Republican | House | NV |
| Roger Lynch | Republican | House | Yea |
| John Maddox | Republican | House | Yea |
| Aaron Pilkington | Republican | House | NV |
| Johnny Rye | Republican | House | Yea |
| Les Warren | Republican | House | NV |
| Carlton Wing | Republican | House | Yea |
| Austin Mccollum | Republican | House | Yea |
| Carol Dalby | Republican | House | Yea |
| Steve Hollowell | Republican | House | Yea |
| Brian Evans | Republican | House | Yea |
| Lee Johnson | Republican | House | Yea |
| Andrew Collins | Democrat | House | Nay |
| Stan Berry | Republican | House | NV |
| Harlan Breaux | Republican | House | Nay |
| Cameron Cooper | Republican | House | Yea |
| Nicole Clowney | Democrat | House | Nay |
| Cindy Crawford | Republican | House | Yea |
| Denise Garner | Democrat | House | Nay |
| Tippi McCullough | Democrat | House | Nay |
| Jay Richardson | Democrat | House | Nay |
| Jim Wooten | Republican | House | Yea |
| Denise Ennett | Democrat | House | Nay |
| Richard McGrew | Republican | House | Yea |
| Joy Springer | Democrat | House | Nay |
| Howard Beaty | Republican | House | Yea |
| Tony Furman | Republican | House | Yea |
| Kendon Underwood | Republican | House | Yea |
| David Ray | Republican | House | Yea |
| John Carr | Republican | House | Yea |
| Rick McClure | Republican | House | Yea |
| Keith Brooks | Republican | House | NV |
| Ashley Hudson | Democrat | House | Nay |
| Jon Milligan | Republican | House | Yea |
| RJ Hawk | Republican | House | Yea |
| Wade Andrews | Republican | House | Yea |
| Rebecca Burkes | Republican | House | Yea |
| Hope Duke | Republican | House | Yea |
| Zack Gramlich | Republican | House | Nay |
| Mindy McAlindon | Republican | House | Yea |
| Matt Duffield | Republican | House | Yea |
| Stetson Painter | Republican | House | Yea |
| Steve Unger | Republican | House | Yea |
| Wayne Long | Republican | House | Yea |
| Scott Richardson | Republican | House | Yea |
| Brandon Achor | Republican | House | Yea |
| Jeremiah Moore | Republican | House | Yea |
| Joey Carr | Republican | House | Yea |
| Matt Brown | Republican | House | Yea |
| Shad Pearce | Republican | House | Yea |
| Chad Puryear | Republican | House | Yea |
| Ryan Rose | Republican | House | Yea |
| Bart Schulz | Republican | House | Yea |
| Trey Steimel | Republican | House | Nay |
| Tara Shephard | Democrat | House | Nay |
| Jeremy Wooldridge | Republican | House | Yea |
| Kendra Moore | Republican | House | Yea |
| Brit McKenzie | Republican | House | Nay |
| Steven Walker | Republican | House | Yea |
| Glenn Barnes | Democrat | House | Nay |
| Lincoln Barnett | Democrat | House | Nay |
| Alyssa Brown | Republican | House | Yea |
| Nick Burkes | Republican | House | Yea |
| Paul Childress | Republican | House | Yea |
| James Eaton | Republican | House | Yea |
| Brad Hall | Republican | House | Yea |
| Dolly Henley | Republican | House | Nay |
| Jessie McGruder | Democrat | House | Nay |
| Jason Nazarenko | Republican | House | Yea |
| Randy Torres | Republican | House | Yea |
| Diana Gonzales Worthen | Democrat | House | Nay |
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