Judiciary Committee- House
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Bills discussed (27)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
|
HB1007
Act 248
· 4 mentions in chapter, transcript, agenda
Matched: “HB1007 Puryear TO REGULATE LIABILITY FOR SHOOTING SPORTS EVENTS; A…”
|
TO REGULATE LIABILITY FOR SHOOTING SPORTS EVENTS; AND TO PROVIDE IMMUNITY TO CERTAIN INDIVIDUALS WITH … | Puryear | Notification that HB1007 is now Act 248 |
|
HB1489
Act 302
· 3 mentions in chapter, transcript, agenda
Matched: “HB1489 Wardlaw TO AMEND THE METHOD OF EXECUTION TO INCLUDE NITROGE…”
|
TO AMEND THE METHOD OF EXECUTION TO INCLUDE NITROGEN GAS. | Wardlaw | Notification that HB1489 is now Act 302 |
|
HB1057
· 2 mentions in chapter, agenda
Matched: “HB1057 R. Scott Richardson TO AMEND THE LAW CONCERNING POSSESSION…”
|
TO AMEND THE LAW CONCERNING POSSESSION OF A FIREARM BY CERTAIN PERSONS; AND TO PERMIT … | R. Scott Richardson | Recommended for study in the Interim by the … |
|
HB1178
Act 993
· 2 mentions in agenda, chapter
Matched: “…ON OF THE RIGHT TO POSSESS A FIREARM TO A NONVIOLENT FELON. HB1178 R. Scott CONCERNING MUNICIPAL ORDINANCE VIOLATIONS; TO AMEN…”
|
TO AMEND THE LAW CONCERNING THE CONTRACTING OF A MUNICIPAL ATTORNEY; TO AMEND THE LAW … | R. Scott Richardson | Notification that HB1178 is now Act 993 |
|
HB1306
· 2 mentions in agenda, chapter
Matched: “…HE LAW CONCERNING COST SHARING FOR DISTRICT COURT EXPENSES. HB1306 Furman CONCERNING CIVIL IMMUNITY FOR A CHURCH OR OTHER PLAC…”
|
CONCERNING CIVIL IMMUNITY FOR A CHURCH OR OTHER PLACE OF WORSHIP; AND TO PROVIDE CIVIL … | Furman | WITHDRAWN BY AUTHOR |
|
HB1434
· 2 mentions in chapter, agenda
Matched: “HB1434 Hudson TO AMEND THE LAW REGARDING THE PRESUMPTION THAT AN A…”
|
TO AMEND THE LAW REGARDING THE PRESUMPTION THAT AN AWARD OF JOINT CUSTODY BETWEEN PARENTS … | Hudson | Died in House at Sine Die adjournment. |
|
HB1473
· 2 mentions in chapter, agenda
Matched: “HB1473 Pilkington TO AMEND THE LAW CONCERNING HEALTH-RELATED CASH…”
|
TO AMEND THE LAW CONCERNING HEALTH-RELATED CASH DISCOUNT CARDS. | Pilkington | Died in House Committee at Sine Die adjournment. |
|
HB1504
· 2 mentions in chapter, agenda
Matched: “HB1504 S. Meeks TO CREATE THE OFFENSE OF MANUFACTURING, MODIFYING,…”
|
TO CREATE THE OFFENSE OF MANUFACTURING, MODIFYING, SELLING, TRANSFERRING, OR OPERATING A ROBOTIC DEVICE OR … | S. Meeks | Died on House Calendar at Sine Die adjournment. |
|
HB1511
· 2 mentions in chapter, agenda
Matched: “HB1511 Beaty Jr. TO AMEND THE LAW CONCERNING THE ATTORNEY GENERAL;…”
|
TO AMEND THE LAW CONCERNING THE ATTORNEY GENERAL; AND TO AMEND THE LAW CONCERNING THE … | Beaty Jr. | WITHDRAWN BY AUTHOR |
|
HB1518
· 2 mentions in chapter, agenda
Matched: “HB1518 S. Meeks TO CREATE THE OFFENSE OF CREATING, DISTRIBUTING, P…”
|
TO CREATE THE OFFENSE OF CREATING, DISTRIBUTING, POSSESSING, OR VIEWING ARTIFICIAL INTELLIGENCE-GENERATED MATTER DEPICTING SEXUALLY … | S. Meeks | WITHDRAWN BY AUTHOR |
|
HB1529
Act 827
· 2 mentions in chapter, agenda
Matched: “HB1529 S. Meeks AN ACT CONCERNING DEEPFAKE VISUAL MATERIAL OF A SE…”
|
TO CREATE THE CRIMINAL OFFENSE OF UNLAWFUL CREATION OR DISTRIBUTION OF DEEPFAKE VISUAL MATERIAL; AND … | S. Meeks | Notification that HB1529 is now Act 827 |
|
HB1551
Act 485
· 2 mentions in agenda, chapter
Matched: “…estrictions designating areas as 'Members and Staff Only'. HB1551 Gazaway TO AMEND THE LAW CONCERNING CRIMINAL ABORTION; AND…”
|
TO AMEND THE LAW CONCERNING CRIMINAL ABORTION; AND TO CREATE THE OFFENSE OF COERCED CRIMINAL … | Gazaway | Notification that HB1551 is now Act 485 |
|
HB1552
Act 420
· 2 mentions in chapter, agenda
Matched: “HB1552 Gazaway TO AMEND THE LAW CONCERNING CERTAIN INCHOATE OFFENS…”
|
TO AMEND THE LAW CONCERNING CERTAIN INCHOATE OFFENSES RELATED TO FENTANYL; AND TO ESTABLISH THE … | Gazaway | Notification that HB1552 is now Act 420 |
|
HB1553
· 2 mentions in chapter, agenda
Matched: “HB1553 Ray TO REPEAL THE PROHIBITION AGAINST THE SALE AND DISTRIBU…”
|
TO REPEAL THE PROHIBITION AGAINST THE SALE AND DISTRIBUTION OF NOVELTY LIGHTERS. | Ray | Died in House Committee at Sine Die adjournment. |
|
HB1563
Act 356
· 2 mentions in chapter, agenda
Matched: “HB1563 Gazaway TO ADD A FELONY OFFENSE THAT FALLS UNDER THE DEFINI…”
|
TO ADD A FELONY OFFENSE THAT FALLS UNDER THE DEFINITION OF RESTRICTED RELEASE FELONY WITH … | Gazaway | Notification that HB1563 is now Act 356 |
|
HB1579
Act 357
· 2 mentions in chapter, agenda
Matched: “HB1579 Gazaway TO AMEND THE LAW CONCERNING SEX OFFENDER REASSESSME…”
|
TO AMEND THE LAW CONCERNING SEX OFFENDER REASSESSMENT; AND TO PROHIBIT AN INCARCERATED PERSON FROM … | Gazaway | Notification that HB1579 is now Act 357 |
|
HB1581
Act 316
· 2 mentions in agenda, chapter
Matched: “AGENDA (Revised 2/26/2025 @ 8:45 AM) Added HB1579, HB1581 & HB1593 House Committee on Judiciary Thursday, February 27…”
|
TO ADD TRAFFICKING OF PERSONS TO THE LIST OF OFFENSES INCLUDED IN THE DEFINITION OF … | Henley | Notification that HB1581 is now Act 316 |
|
HB1593
Act 358
· 2 mentions in chapter, agenda
Matched: “HB1593 Wooldridge CONCERNING THE REPORTS MADE TO THE GOVERNOR AND…”
|
CONCERNING THE REPORTS MADE TO THE GOVERNOR AND THE GENERAL ASSEMBLY BY THE BOARD OF … | Wooldridge | Notification that HB1593 is now Act 358 |
|
HB1033
· 1 mention in agenda
Matched: “…ORTING REQUIREMENTS. DEFERRED BILLS Number Sponsor Subtitle HB1033 McCullough TO CREATE THE "ARKANSAS RED FLAG LAW"; AND TO CR…”
|
TO CREATE THE "ARKANSAS RED FLAG LAW"; AND TO CREATE AN EXTREME RISK PROTECTION ORDER … | McCullough | Recommended for study in the Interim by the … |
|
HB1136
· 1 mention in agenda
Matched: “…DRESS CERTAIN IMAGES CAPTURED BY UNMANNED AIRCRAFT SYSTEMS. HB1136 Achor TO AMEND THE COMPREHENSIVE CRIMINAL RECORD SEALING AC…”
|
TO AMEND THE COMPREHENSIVE CRIMINAL RECORD SEALING ACT OF 2013; AND TO PROHIBIT A COURT … | Achor | Died in House Committee at Sine Die adjournment. |
|
HB1141
· 1 mention in agenda
Matched: “…AND TO CREATE AN EXTREME RISK PROTECTION ORDER AND WARRANT. HB1141 R. Scott TO CREATE CRIMINAL OFFENSES RELATED TO DECEPTIVE A…”
|
TO CREATE CRIMINAL OFFENSES RELATED TO DECEPTIVE AND INJURIOUS MEDIA IN THE COURSE OF ELECTION … | R. Scott Richardson | Died in House Committee at Sine Die adjournment. |
|
HB1148
Act 597
· 1 mention in agenda
Matched: “…RIOUS Richardson MEDIA IN THE COURSE OF ELECTION CAMPAIGNS. HB1148 Vaught TO CREATE THE ARKANSAS PRIVACY ACT; AND TO ADDRESS C…”
|
TO CREATE THE ARKANSAS PRIVACY ACT; AND TO ADDRESS CERTAIN IMAGES CAPTURED BY UNMANNED AIRCRAFT … | Vaught | Notification that HB1148 is now Act 597 |
|
HB1430
· 1 mention in agenda
Matched: “…ON WHEN A PERSON IS SUBJECT TO AN ACTIVE WARRANT OF ARREST. HB1430 K. Moore TO AMEND THE DEFINITIONS UNDER THE DOMESTIC ABUSE…”
|
TO AMEND THE DEFINITIONS UNDER THE DOMESTIC ABUSE ACT OF 1991. | K. Moore | Died in House Committee at Sine Die adjournment. |
|
HB1431
· 1 mention in agenda
Matched: “…AMEND THE DEFINITIONS UNDER THE DOMESTIC ABUSE ACT OF 1991. HB1431 K. Moore TO AMEND THE DEFINITIONS UNDER THE DOMESTIC ABUSE…”
|
TO AMEND THE DEFINITIONS UNDER THE DOMESTIC ABUSE ACT OF 1991; AND TO PROHIBIT THE … | K. Moore | Died in House Committee at Sine Die adjournment. |
|
HB1433
Act 828
· 1 mention in agenda
Matched: “…ROXYPROGESTERONE ACETATE TREATMENT FOR CHEMICAL CASTRATION. HB1433 K. Moore TO REQUIRE A LAW ENFORCEMENT OFFICER WHO IS EXECUT…”
|
TO REQUIRE A LAW ENFORCEMENT OFFICER WHO IS EXECUTING OR SERVING AN ORDER OF PROTECTION … | K. Moore | Notification that HB1433 is now Act 828 |
|
HB1481
· 1 mention in agenda
Matched: “…GING IN COURSE OF CONTROL OR DISTURBING THE PEACE EX PARTE. HB1481 Long TO CREATE THE ANTI-ATF COMMANDEERING ACT; AND TO PROHI…”
|
TO CREATE THE ANTI-ATF COMMANDEERING ACT; AND TO PROHIBIT THE PROVISION OF MATERIAL AID AND … | Long | Died in House Committee at Sine Die adjournment. |
|
HB1535
· 1 mention in agenda
Matched: “…PORT FOR ENFORCEMENT OF FEDERAL FIREARMS LAWS. Page 2 of 3 HB1535 Duffield TO PROVIDE AN ENHANCED SENTENCE FOR PERSONS CONVIC…”
|
TO PROVIDE AN ENHANCED SENTENCE FOR PERSONS CONVICTED OF RAPE OF A CHILD TWELVE YEARS … | Duffield | Died in House Committee at Sine Die adjournment. |
Machine transcript
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So over here in our deal. So if y'all will give a wave, members, let's give them a We welcome you to the House Judiciary. They're part of the mock trial team, um, and I guess you're participating with the Arkansas Bar Association and the trial competition. So we welcome you and good luck in your competition. We like, we like to see y'all engaged, so thank you for coming to our committee. Members, the first thing before we get to our special order this
morning is we're going to take up the concurrence in the Senate amendment, so representing Prayer if you'll come to the end of the table. identify yourself and we're going to take up House Bill 1007. Once you identify yourself, you're recognized to present the concurrence. All right, thank you,
Representative Chad Puryear
Unverified
1:04
Chair. Representative Chad Perrier, House District 25. Um, House Bill 1007 need an amendment to correct an engrossing error. They caught on the Senate side and on page 2, delete line 31. We simply had a
duplicate line. Remembers you've heard an
exclam explanation of the amendment, Senate amendment, any questions? Seeing their questions, what's the will of the committee? We have a motion to concur in the Senate amendment, any discussion on that motion, seeing no discussion, all in favor, please say aye. Any posts say no. The eyes have it, uh, we have concurred in the Senate amendment. Thank you for coming
on over today to do that. Thank you, Chair. Thank you. Members, next up, I see Representative Wardlaw is, is here. We're taking up House Bill 1489 representing Ward law, you're ready to come to the end of the table and identify yourself. OK. We have a physical impact assessment that we're going to pass out, so let's take that up and get that on the. Members to ask him once we have that passed out, then
You ready, madam chair? We are, please identify yourself and identify the guests you have with you and you are
Representative Jeff Wardlaw
Unverified
2:49
ready to proceed. Representative Jeff Warlaw District 94, and I have with me a guest from the Arkansas. Mr. Dylan Jacobs from the Arkansas Attorney General's office. I'll let him introduce himself. It Thank
Speaker 15
3:00
you, Madam Chair. Dylan Jacobs, Deputy Solicitor General with the Office of the Attorney General. Welcome
to House Judiciary. Representative Wardlaw, you're recognized. Thank you, Madam Chair.
Representative Jeff Wardlaw
Unverified
3:12
So guys, when I got here 14 years ago, represented a district that made up of 4 counties. Union County, Bradley County, Calhoun County, and a little bitty piece of Dallas County with basically city limits of Fort Ice in it. I kept Dallas County, Calhoun County, and Bradley County in my core district for the next 10 years past that point. So we went, I've been through redistricting now 3 times. I've had 3 different districts since I've been here, so I guess I'm a little unique in that fact.
So those, those family members called me after that shooting last year and they get, they made me a list of things they wanted to see happen in Arkansas law going forward. When it came to capital punishment and capital crimes. That list was very hard because it's very hard to look at those victims and tell them half of their list is not constitutional and not able to be done. And I did that and I told him that I could not come up here and set the end of a table for anything
that I didn't think could stand up against any court measures our constitutionality, and I wouldn't do that. So I went to the AG's office. With that list, the whole list, and I said, I want to know. What pieces of this list we can actually do. Well, the truth of the matter is it was 0. But what we could do was change the drug and the death penalty so the death penalty could be carried out. It wasn't on the list, but it was the closest thing to the list that we could get here with.
That young man has not been found guilty yet. That young man has not been sentenced of a capital crime. So we're not here because of that shooting or because of that particular incident, we're here because those families were hurting after that incident. So I wanna make that very clear. Um, so I asked the AG's office to help me with a bill. Representative Lane Jean had went to him and asked him the same thing. You'll see his name's on the bill as well. So They came to us with this nitrogen gas. It is rarely available.
It's absolutely cheaper than the drugs. And it's a very quick, humane death. Um And that's where we're at, and that's how we got here and I'll be glad to take any questions. Members,
are there any questions? Representative Clanner, you're recognized for a question. Thank you, Madam
Representative Nicole Clowney
Unverified
5:38
Chair. Um, Representative Wardlaw, I know it's a little bit unclear in the bill, just because other folks have to make this decision, but can you walk through how this
Speaker 14
5:48
would be carried out, most likely. I think I'll let the AG's office answer that. Representative Clowney,
Speaker 25
6:01
the exact protocol for Executions is dealt with by the Department of Corrections, so I think we defer to them on the specifics of it. In general, I can tell you how it's been done in the state of Alabama, which is uh the use of a face mask where nitrogen gas is piped in and the the prisoner breathes as
normal as you and I are reading now, and the lack of oxygen causes loss of consciousness in a matter of minutes, and it causes a death after After that, a few minutes later. You recognize Thank you.
Representative Nicole Clowney
Unverified
6:34
Um, I'm glad you brought up Alabama because I, I, I did want to ask about that. We just heard this was, you know, a matter of minutes, but reports from Alabama say that this took a, a great number of minutes relative to other forms of execution, something like 15 to
20 minutes of obvious struggling convulsing, gasping. Um, can you walk through why you landed on this particular method as the most humane
Speaker 25
7:02
option out there. So the uh Alabama uh nitrogen hypoxia protocol has been litigated several times with the 4 prisoners who've been executed using that method, um, and the courts who reviewed that have have all found that it does in fact cause unconsciousness within a few minutes death
falling after that, I think the first um the first execution that was carried out using a there were speculative and conflicting media reports about how long that took. But the courts involved concluded that it was no later than about 10 minutes in and that there were, you know, perhaps special circumstances in that one with the prisoner holding his breath for a few minutes that delayed the process but the 3 that have happened after that, including one that happened about a month ago have
all gone off. By all accounts, smoothly and the courts have all, you know, given their their blessing in terms of the Eighth Amendment for the use of
hypoxia. Representing Springer, you recognized for
Representative Joy Springer
Unverified
8:08
a question. Thank you, Madam Chair, and good morning. Uh, thank you, uh, Mr. Wartlaw for
being here. I just want to know. Um, the basis for you determining that this method of execution is the cheapest. What, what, what, what are your
data to support that you vindicated that it's the cheapest method. It's
Representative Jeff Wardlaw
Unverified
8:29
pretty simple, um. About nitrogen quite regularly at the farm for welding purposes and cutting purposes, and the cost of nitrogen is really, really cheap for Huge bottle compared to any drug I've ever bought at the at the uh pharmacy. So it's pretty simple math to figure that out. Follow up, madam. You're recognized. Well, I think it takes more than just having the
Representative Joy Springer
Unverified
8:56
the item there is there are other methods that have to be utilized. You have to have certain materials and things of that
Representative Jeff Wardlaw
Unverified
9:03
nature, so basically I sold and the medical equipment business, they're very, very cheap. Uh, the mask that's applied is about 30 cents, and you can't really buy it in a single or mask. You buy a case of 100. The tubing that goes to the mask is about 3 cents. You know, can't buy that in a singular method either. You buy it in a. of 100, um. I can't imagine any other equipment past that that's not
already there in the execution chamber as a member of the legislature, I've went down and toured that thing numerous times and it's already set up pretty much to hold the inmate to do all the other things that would have to take place. But I still haven't heard
Representative Joy Springer
Unverified
9:41
any prices as to cheap, cheaper, do you have any uh indication from the Department of Corrections indicating that it's going to be cheaper. Is there anyone here that you brought along with you to the department, but you're welcome to ask them, OK, but you don't have any information to
tell us that it's cheaper to do it this way than what it's been previously done. That's
right. Thank. Representative McCullo, you recognize for a question. Thank you, Mr. Chair. I mean, Madam Chair,
Representative Tippi McCullough
Unverified
10:13
um, Representative War law, um, I'm glad that you did bring up farms because in some of my reading about this gas method. I,
I've read that veterinarians do not use this on animals. Do you know anything about that? Put down animals? I do not.
Uh, follow up, please. You're welcome. So this is an odorless and colorless, um, gas, and it's been warned that it can cause unconsciousness after just one or two breaths. So I don't see in the bill that there are Staff safety protocols. Um, unlike the other two methods that Arkansas has, there's only one that could affect, this is the only one that would affect staff if the mask is not correctly administered. So how, how will it be ins ensured that prison staff, correctional
Speaker 14
10:58
officers, and witnesses are not put at risk from an accidental leak. Representative McCulloch at ADC, you know, come up with a
Speaker 25
11:07
protocol for for ensuring that and it wasn't necessary for something to put in the bill to tie he see hands to do that one particular way or another, but we have confidence that they're able to do that. Uh, one more follow up,
Representative Tippi McCullough
Unverified
11:18
please. You recognize? So, I also want to talk about
That if an execution does go wrong or something does happen in the chamber. Um, there's some kind of malfunction or something happens, can our Arkansas, Arkansans can be prevented from knowing whether the methods actually working, or if it's resulted in prolonged suffering because of the way the bill is, I mean, shouldn't we at least require medical monitoring and make sure that the data subject, that the data is subject to public record laws such as FOIA.
Speaker 14
11:59
Represented McCulloch, the Necessary medical monitoring would be Promulgated by ADC and protocol again, it's not something that's necessary to put in the bill itself, um, as to whether that would be public knowledge or not, I think that would depend on the circumstances. And under the
Speaker 25
12:19
current section of the of the method of execution, there is a strong privacy protections, mostly to protect the members of the execution team from
Speaker 15
12:30
uh you know, threats to their safety that could result if their identities were exposed as a result of their
involvement in the process. Representing Shepherd,
Representative Matthew J. Shepherd
Unverified
12:43
you're recognized for a question. Thank you, Madam Chair. Uh, my question would be, uh, either for Representative Wardlaw or for the Attorney General's office just to talk us through what obstacles currently exist to the administration of the death of the death penalty
currently, as we all know, um, capital punishment, there are numerous legal challenges. It takes many years to work through the process, um, and, and obviously there are many due process rights provided as they're appropriately should. be, uh, but then I, in my understanding is there's also practical issues that occur just in terms of securing the uh medication that's currently needed for a lethal injection and so if, if y'all could address that as to what, what, what is the kind of the where
we're at currently and what are those um obstacles that uh that make it even more, more difficult beyond, beyond just the requirements that we, that's. infringent requirements we have in law. So
I'm going to let the Attorney General's office get into technicalities and the
Representative Jeff Wardlaw
Unverified
13:49
legal answer to you, Mr. Representative Shepherd, but I want to tell you first off, that was one of the things that were on the list. From the, from the people in Fort Ice was the time constraint was something they wanted to
shorten. And because of the answer you're going to get from the AG's office, we cannot affect legally the time restraints of how long it takes to actually execute an inmate from the time they're sentenced to death to the time it actually is done. Um, so I want you to have all that in mind when you hear all the answers you're listening to hear from the AG's office.
Representative Matthew J. Shepherd
Unverified
14:26
And just to be clear, that's, that's what I'm interested
in is the things obviously in a
capital case, there are things that make their way through the state court system. There are things, there are challenges and issues that make their way through the federal court system, uh, and, and I think we're probably generally familiar with that, but also anything else that even outside of that that that uh that are maybe issues that have to be dealt with. Thank you, Representative Shepherd,
Speaker 14
14:55
um, the The main constraint for the state in conducting executions is is a practical one, and it's
Speaker 25
15:06
the lack of availability of the necessary drugs that have been approved under the current law for the lethal injection protocol, the state carried out executions last in 2017 and since then, the efforts that have been made by the state officials to acquire full supply of lethal injection drugs have not been successful. There have been a lot of efforts. People have been trying. It hasn't happened. That's Due to a number of factors, I think the cheap one is that opponents of the death penalty
have leveraged, you know, activism against pharmaceutical companies and successfully convinced most of those companies to prohibit the sale of any of the drugs used in lethal injection protocols to states who have capital punishment and so they have done their level best to make sure that Arkansas can't buy the necessary drug. and that has become a significant roadblock for the state. I think currently we have
a double digit number of death row inmates who have exhausted all state and federal appeals and who could be scheduled for execution today if we had the supply of drugs available, but we don't, and so this bill will allow us another method of execution that we think we can source the necessary. Components for Repsy Hudson, he recognized for a question.
Representative Ashley Hudson
Unverified
16:39
Thank you, Madam Chair. I wanted to go back to the conversation, as I understand it that Representative Wardlaw and the Attorney General's office had regarding sort of landing on this method of execution. What other methods were considered in that conversation, um, and, and I'm, I'm really looking for not only an identification of those methods, but what it means um under what each method. Entails and why weren't they chosen in, in lieu of choosing this particular method.
Speaker 25
17:12
Representative Hudson, I can't speak to the other potential methods that were considered but weren't in the bill. I'm not sure about that. What I can say is that nitrogen hypoxia has been suggested as a method of execution for a number of years in fact, in our litigation that ran from 2017 to about 2022, where we were defending the Constitutionality of our current lethal injection protocol, um, at a certain point in the litigation. The prisoners who are
challenging that protocol offered up nitrogen hypoxia as an alternative method for the state to use instead of the lethal injection protocol. So this is something that's been, you know, suggested by, you know, a number of parties for a while and now a number of states have passed into law nitrogen hypoxy is an option, and Alabama has successfully conducted 4 executions since January of last year using nitrogen hypoxia and so it's starting to build a very successful track record.
Representative Ashley Hudson
Unverified
18:13
You, you're recognized. So just, just for my own clarification, there weren't other uh alternatives discussed or, or you don't recall what they
Speaker 14
18:26
were. Yeah Representative Hudson, I was not personally involved in that discussion, so I
Speaker 25
18:30
just can't speak to that. I will say from a national perspective, nitrogen hypoxia is the method that other states are adding and so it's been the one that everyone is kind of
settling on as the next uh available option for states to try in lieu of a lethal injection protocols that many of us have been unable
Representative Ashley Hudson
Unverified
18:54
to secure drugs for. Which states other than
Speaker 25
18:58
Alabama are using this? To date, Alabama is the only state to have conducted an execution using hypoxia, I believe Louisiana and Mississippi have also added it in statute as an available option. I believe Oklahoma and Missouri have also been in
discussions as well in addition to a number of states who are also in legislative sessions as we are who are actively
considering it. Representing Collins, you recognized
Representative Andrew Collins
Unverified
19:27
for a question. Thank you, Madam Chair. So, as you mentioned, the refusal of drug manufacturers to let their drugs be used in lethal injections is why we don't have access to that right now. Um, I believe that the 3 largest nitrogen gas manufacturers have
boycotted their products being used in in these death penalty situations as well. So what makes you think the situation will be any different for this form
of execution versus the lethal injection form of execution.
Speaker 14
20:01
Representative Collins, uh, just from a practical standpoint. Uh, The lethal injection drugs
Speaker 25
20:08
are controlled substances and the supply chains are obviously very restricted and who can purchase them. It's not necessarily the
case with nitrogen gas, um, and states have thus far assessed that it's going to be pretty available to get. I don't, I'm not aware of any troubles that Alabama has had and securing access to supply of nitrogen gas, um, just from a relative standpoint, we haven't had any success in securing lethal injection drugs since 2017, um, so. And it by from a practical standpoint, it has to
Speaker 28
20:45
be at least better than that. Follow up.
Representative Andrew Collins
Unverified
20:50
you recognize as you know, there's different forms of nitrogen
gas, of course, and there's medical grade nitrogen gas which you could directly source and then there's other forms, maybe less pure, like maybe the farm industrial uses, representative Wardlaw referenced. Is your intention to use non-medical grade nitrogen in these executions. Representative Collins
Speaker 14
21:13
speaking from the the attorney General's office's perspective, we do not conduct executions. That's a
Speaker 25
21:22
question for ADC and the, the particular sourcing of the nitrogen gas is something that they would come up with in their protocol that they would promulgate. Follow up.
Representative Andrew Collins
Unverified
21:30
You're recognized. Would this bill require medical grade nitrogen gas to be used only. No, sir. Thank you. Representative McCulley recognized for a question.
Representative Tippi McCullough
Unverified
21:46
Thank you, Madam Chair. So, um, one of the words that was used a little bit ago was that it was successful in Alabama, and I
guess I want to know more about what's successful means and does it mean that because the death was carried out, it was successful or the method was successful in doing it in a humane way because a lot of the reports did not really back that up. Um, it seems like at this point that it's still largely experimental, and I also wonder, I mean, that what we're willing to do here in
Arkansas is to continue the experiment. I want to be careful how I answer this because I don't want
Representative Jeff Wardlaw
Unverified
22:25
to sound combative, but there's only one report of of a mess up in Alabama. They've had multiple executions used, and there's only one report granted, they're the only states using it, so that's the only data that's used right now, so I would say that it bothers me none that we're changing the drug to nitrogen gas if this bill passes. Do you need to follow up, OK, I thought
you did representing McCollum, yeah, thank you. So you feel like
Representative Tippi McCullough
Unverified
22:55
what? The ones that have happened in Alabama where were successful and as good a way as we can do it that if it happens. Like it happened there that it's, it's fine and that you don't believe that. It's continued to
be somewhat experimental. I think you look at the whole side of the report.
Representative Jeff Wardlaw
Unverified
23:15
The, when you look at the department side, the inmate held his breath. There's nothing we're going to be able to do about an inmate that holds her breath with a, with a mask on. We can't force them to breathe
normally at any time. So that caused the problem, um, so it was a self-inflicted problem, and it only happened once out of the executions that have taken place, so again I'm comfortable with where we are with this bill. Representing Springer, you recognized for a question.
Uh, Madam Chair, I wanted to direct the
Representative Joy Springer
Unverified
23:46
question to you to inquire whether or not there's anyone here from the Department of Corrections who could come here and talk to us about their support for this bill. Is there any Anyone from the Department of Corrections.
Would you like to come to the table identify yourself? Oh Good
Speaker 79
24:20
morning, Tony Roll. I'm chief counsel for the Department of Corrections. Um, so the department does not have a position on the bill. We, um, of course, if it's the will of the legislature and the executive
will work to implement, um, coordinate with. All the resources that have available and uh move forward
Representative Joy Springer
Unverified
24:40
from there. So, basically no one in your department has had a discussion with Representative Walllo to discuss any concerns that they may have or uh the number of inmates currently awaiting execution, uh, the use of previous drugs, costs, none of that has been. Are you aware of any of that been discussed with any member of your department
regarding uh the questions that have been asked here, specifically the one that I've asked.
Speaker 79
25:08
Um, so I can't speak to everybody in the department who has had conversations with Representative Wardlaw, but we have good lines of communication with him and, you know, we would continue to work with him to make sure that this was implemented appropriately. Do you
Representative Joy Springer
Unverified
25:21
need a follow up? Yes, ma'am. So I, I'm so I I guess that's not really responsive. So how many, I think a question was asked,
how many persons currently are on death row for
execution. Do you have that answer to that, it's in
your, uh, sentencing report that's on your deskpresentative Springer. Well, yeah, we get this
Representative Joy Springer
Unverified
25:40
at the last minute, don't have time to read over it, I'll give you
time right now to read over it. I don't,
Representative Joy Springer
Unverified
25:53
I don't see a current are you speaking of the impact report,
Speaker 84
25:57
Madam Chair, I can answer. Go ahead, representative.
Well, Go ahead, representative. War laws getting ready to answer your question
2presentative Springer. I've recognized Representative Wardlaw. Representative Wardlaw, you may answer the question. 26 inmates are currently
Representative Jeff Wardlaw
Unverified
26:10
on death row. There is a smaller number of those inmates that have exhausted all appeals and It's my, my problem, but I walked off without my notes because I had to go to my own committee first, so I'm sorry about that, but that number's in the teens. I remember that, but I don't want to quote a number that's not absolutely correct, but I did get all that information that she's asking
Representative Joy Springer
Unverified
26:35
that I obtain, and the answer is yes, I did. Representative Springer, you recognized. I would just like for the record to reflect that I'm I'm having a problem with no one here from the Department of Corrections to answer the question specifically, and I would think uh uh in an instance that's serious as we have before us that that someone would be here from that department, so I don't have any further questions.
Representative Shepherd, you're recognized for a question? Thank
Representative Matthew J. Shepherd
Unverified
26:59
you, Madam Chair. Just to follow up to Representative Springer's question is There are 2, I think the
information is there's 26 inmates on death row. What is the The longest serving inmate on death row. When were they convicted and sentenced to death. Representative, if I can just
Speaker 89
27:25
have a second, I'm double checking that because I don't want to speak incorrectly. and it looks like 1990 from Pulaski County, Mr. Bruce Ward.
Representative Ashley Hudson
Unverified
27:37
Representing Hudson, you're recognized for a question. Thank you, Madam Chair, and I did just want to, to double check something from the attorney General's office. I believe that
you said that Missouri was using this method of execution. I don't see any evidence that that's accurate. Are you
Speaker 14
27:54
sure about that? Missouri has not used the method
Speaker 25
27:56
of execution. I recall either discussions of them adding it as a potential method, but no, Alabama is the only state to have used it and Oklahoma. I don't Now,
Representative Ashley Hudson
Unverified
28:09
um, I just want to make sure because I know there's press here that that we're being accurate. Um, I want to go to the substance of the bill itself though and turn to page 2, beginning at line one. Um, and, and in section be one there. It says a bond receipt of a warrant of execution from the governor, the director of the division of Corrections shall provide written notice within 7 days to the condemned prisoner
of the method of execution. It's my reading of this at the Department of Correction will be making the determination as to whether or not to use this method of execution or some other. Is that your interpretation as well? That's correct. OK. How do you square that with the Arkansas Supreme Court decision in 2012 in Hobbs versus Jones, that said that it was unconstitutional, um, to allow the Department of Corrections to make that kind of
decision based upon the 2009 method of execution Act, um, determining that it was a separation of powers issue to put that burden on the Department of Corrections and that that
Speaker 25
29:26
power rested solely with the legislature. So the Supreme Court subsequent 2015 decision upholding the current method, I think clarifies the difference whereas the Supreme Court viewed the 2009 statute is basically giving complete unfettered discretion with no
guidance to the Department of Correction as to how to execute prisoners, you know, the, the subsequent version and and the version under this language in the bill does give you know, significant Guidance to the Department of Corrections such that it's not just a delegation of legislative. You need a
Representative Ashley Hudson
Unverified
30:03
legislative power. I do, and I appreciate your response. If you could show me where in this because, you know, what we're talking about here would
be a big deviation from the current protocols, and I don't see anywhere in this bill where it, it, it provides some sort of additional guidance to the Department of Corrections or allows the legislature to chime in on the method because it says here simply that the director of the division of correction will just tell the, the prisoner what Their method of execution will be, where is our oversight in
Speaker 25
30:37
this legislation? Representative has the oversight would be passing the bill that
allows nitrogen hypoxia as a method, and so I think under the Supreme Court's 2015 case once this body does that, there's no separation of powers issue with the Department of Correction choosing between two lawfully enacted methods of execution. Members, any other questions? Representative McCulloch, you're recognized
for a question. Uh, thank you, Madam Chair. Uh, please let me know if, if this
Representative Tippi McCullough
Unverified
31:14
is correct or not. So if lethal injection and nitrogen gas were
both ruled unconstitutional. Do we fall back to the electrocution. I think that's
correct, Representative McCulloch. Represent Collins, you're
Representative Andrew Collins
Unverified
31:33
recognized for her question. Thank you, Secretary Wall, so how would you source nitrogen
if it's not being sold by manufacturers, um, would you, would you go to an industrial source? It
it's not secretary but you know in this committee we we make people judges and all sorts of things. And and our judge isn't even here, so, uh,
Ms. Ro, you heard the question, you can, you're free to answer I'll certainly take
Speaker 79
32:06
the promotion, um. Um, so it's, it's been already stated that there's not been an issue sourcing nitrogen for Alabama, and I think that, you know, we would just have to
Representative Andrew Collins
Unverified
32:21
assess any future challenges as they came along. um, we'll follow up, please. You reckon so would you source it from not from a manufacturer, not
medical grade, would you source industrial grade nitrogen. You could under this, would you? Well, I would not
Speaker 79
32:38
be the one making those sourcing decisions, so I don't believe I can speak
Representative Andrew Collins
Unverified
32:42
on that. Who would be making those sourcing
Speaker 79
32:47
decisions. Um, so there would be a directive that set those guidelines. From whom?
That one is promulgated by either the secretary or the division of Correction director. And
Representative Andrew Collins
Unverified
33:01
is that subject to? Approval by any legislative
body or committee, or is that just a department level directive. It's a directive, and it is exempt from disclosure. Representing Clowney, you
Speaker 89
33:11
recognized for a question. Thank you, Madam Chair. Sorry, this
Representative Nicole Clowney
Unverified
33:17
should be an easy one, but what is the 2015 case that you're referencing? I'm just trying to find
it so that I can read it
and I am having a hard time.
Speaker 14
33:28
So that's uh Hobbs versus McGehee, the side on that
Speaker 15
33:31
is 2015 AC 116 or 458 Southwest 3rd 707. OK, thank you. members, any other questions? Seeing no
further questions from the committee, we do have some, uh, folks in the audience who have signed up to speak, um, against the bill, Mr. Rosensweig. You recognized come to the end
of the table, identify yourself and then you
Speaker 105
34:02
may speak against the bill. I'm Jeff Rosensweig. I'm a lawyer, Little
Speaker 106
34:06
Rock, and I'm here on behalf of the Arkansas Association of Criminal Defense Lawyers. The questions from some members of the committee have hit upon a lot of the things I wanted to say first, although in 2015 in the Hobbs
versus McGehee case, the the the Supreme Court did uphold this statute that you see in front of which uh uh but the amendments are faulty under the Hobbs versus Jones case of 2012 for the reasons that members have cited, which is it doesn't give guidance. Um, the, it doesn't give a criteria for the director or whoever is deciding the method
of execution, which one, it does not give criteria as to the as to precisely the level or grade of gas. It does not say this shall be done by mask versus setting up a gas chamber type of I think, uh, all, uh, which are all issues which under Hobbs
versus Jones from 2012, uh, are matters that are the requirement that are delegated or assigned to the legislature and cannot be offloaded or delegated into the executive branch. So these are the types of of of uh decisions that need to be in the statute. Otherwise you're going, you'll be right back here. Hobbs versus Jones was not a death penalty
decision. It was a separation of powers decision. It was written by Justice Gunter, who was no one's idea of an anti-death penalty liberal in any respect. It was that was and this, this has this has the problems that Hobbs versus Jones had. ified that had were found to have been corrected in Hobbs versus McGehee, whether you agree with it or not, the Supreme Court, the Arkansas
Supreme Court did, but this reverts back to that problem, then the other problem that you have is you're going to going to buy into all sorts of 8th Amendment cruel and unusual punishment issues, because The Alabama experience of I am not an expert on exactly what happened in Alabama.
There's a gentleman who's also signed up who I understand was a was an actual witness to that who could uh talk more on that. But the American Veterinary Medical Association guidelines say that nitrogen hypoxia should not be used for the for the euthanasia of mammals. And uh then they have a little caveat for pigs if certain
if certain specific criteria are met, but it is because of the difficulty in distress that are that apparently nitro and hypoxia causes that it they are against it and dozens of states have forbidden it. Use in animal or in killing dogs and cats. And here we are trying to do something with humans. The point is you're going to end up
with a lot of litigation about it, um, and so it's not going to solve the problem that has been that has been identified. And I'm happy to answer any questions. We have a couple who have asked
for some questions. Representative Richardson, you're recognized for a question. Thank you, Madam Chair. Uh, thanks so
Representative R. Scott Richardson
Unverified
38:21
much for your testimony. I noticed you've brought up a number of pieces that you felt like needed to be tightened up in the bill, the chamber versus a mask or the the
grade of nitrogen, those kinds of things, um, based on that testimony, if those things were tightened up, would your association be able
Speaker 106
38:40
to get behind this bill? I don't think we get behind the bill. I mean, we're, we're here as a you know, the association most members are against the death penalty completely, but whether we're against the penalty. the whole point is, is that it needs a bill needs to be written in a way that needs to be, you
know, that gives that complies with the law and gives everyone gives everyone guidance. I mean, yes, a bill, a law would be tighter if it said the director shall decide the method of execution by whatever these criteria. Whatever they happen to be, whether it's um you know, um, um, you know, availability or wishes of the of the inmate or, you know, what, whatever it
might, whatever it might be, and then also tell them, OK, you must use nitrogen of X purity or and that you must use a mask or you must have build a chamber and you must have this and that. That was the type of thing that You know, the, the current lethal injection bill did have, you know, specific, uh, specific criteria. Here, there are no criteria. It just says nitrogen gas. It doesn't say anything more than that. Richardson, you recognized for a follow up.
Representative R. Scott Richardson
Unverified
40:06
Thank you, Madam Chair. So my follow up to that was in your testimony just now you said that it doesn't really matter. To your organization, you're
Speaker 106
40:16
against the death penalty completely. Oh, speaking for myself, yes, I am, and, you know, I, I, I'm not going to, I would, I would assume that most members of our organization are against it, but I don't think we've done a, you know, we've done a canvas of that. Thank you, Mr. Rosen.
I appreciate your testimony, seeing no further questions.
We're going to move to the next person who signed up against Reverend Doctor Jeff Hood. You'll
go to the end of the table, identify yourself and you're recognized
Reverend Doctor
Unverified
40:52
to. Make your statement. Thank you, Madam Chair. My name is Reverend Doctor Jeff Hood, um, spiritual advisor to folks who are executed all over the nation, um, in the last two years I've seen 9 executions,
um, one of which was the December 2020, excuse me, the January 2024 execution of Kenny Smith, which was the nation's first nitrogen hypoxia execution. I want to first buy First start by simply saying that, you know, I'm under no illusion that there are major, I would have major differences, political differences with folks on this committee. I'm under no illusion that people have different ideas about the death penalty and different feelings about the death penalty, but
this is not about politics. This is not about the death penalty. This is about torture. Nitrogen hypoxia is torture, and I mean no disrespect to represent a war law or the Attorney General's office, but the bottom line is, um, as far as I know, there's one person in Arkansas that has ever seen a nitrogen hypoxia execution, and that is me. And I want to take you through what it was like. This is not easy for me to talk about. It was devastating.
Again, I've seen 9 executions. I've seen 8
Speaker 113
42:15
lethal injections, and this was by far the most horrific thing I have ever
Reverend Doctor
Unverified
42:23
seen. Before, um, I went into the chamber, uh, me and the guards, uh, had to sign waivers that we would not hold the state of Alabama responsible if they gassed us to death. I had to get an attorney. We had to go to court in the Middle District of Alabama. Judge Heffer's court to fight about
whether or not this was going to be safe. I was absolutely, um, Very scared they were oxygen meters everywhere in the chamber on each wall, um, and they were very frightened that the oxygen meters would spike if the oxygen, if the oxygen meter spiked, we were told that we were going to have to be rushed out of the chamber. Um, an execution is already, you know, a A heavy event, as I'm sure you
can imagine, but this puts a whole another level of heaviness to it. It wasn't just me that was told these things, the witnesses for the family, the victim's family, they were also terrified. There were, um, excuse me, the condemned family was told similar things. It was a terrifying experience for everyone before we, before the thing ever even started. I go into the chamber and the first thing I see is Kenny has a
mask on his face. The mask is not a cheap mask. It's not a flimsy mask. It is what looks like a firefighter's mask. It goes from the top of the hairline to underneath the chin. It's got netting on the back that holds it in place. It's strapped as tight as possible. The head is put back. The Back of the mask was affixed to the gurney. He he said his last words. Um, you know, he, um, you know, I prayed with him. I was a less
than 3 ft from him, maybe 2.5 ft. Um They turned the nitrogen on. And within seconds, he began to heave back and forth, back and forth, back and forth. His whole body tensed up. His face began to turn red. Every time he heaved forward, the mask was catching on the gurney and so his face was hitting the front of the mask
over and over and over and over. It looked like a face slamming up against a piece of glass over and over again. Mucus, saliva, all sorts of fluids were coming out of his mouth. They were catching on the front of the mask. It looked like a waterfall of body fluid inside the mass drizzling down. And
The only way I can like say what his skin and what his bones and what his veins and whatnot look like, is it looked like there were millions of ants underneath his skin going in every different direction all at once. Everything moving all at once. There's been statements that you've heard today that Kenny was holding his breath. Of course I can't speak to that. I have, I have no knowledge of that. But what I can say is that when anyone is being suffocated to
death, they're going to hold their breath. They're going to try to do as much as they can to try to breathe. I mean, it's instinct. I mean, we're not, you, you can't imagine someone being suffocated to death and just laying down and saying, OK. That's not how it works. And I think that even more than that, um, you know, we're talking about a mask that is fitting so tight that his, the skin on his face was bunched up all around the, uh, the rim of the inside of the mass, making it difficult to breathe anyways.
The movements going every direction, the struggle to breathe, the tensity, the fist, the, the legs moving, all of this stuff went on for at least 8.5 minutes, if not closer to 10 minutes. You don't have to trust me on that. The Associated Press said that The New York Times said that witnesses said that and as all of this is happening, I can hear in my ear from behind me. The witnesses screaming, please
stop, stop, stop. And we're not just talking about the condemned witnesses. We're talking about the victim's family. So if you don't, I mean, I realize that sometimes it's difficult to get a lot of sympathy for these guys, and I recognize that. But I think if you want to have sympathy for anybody in this situation, have sympathy for the Department of Corrections, the corrections officers that are gonna have to witness this. Have some sympathy for the victims' families who are going to have to witness this, who left the execution of Kenny Smith and
said that the state of Alabama lied to them. They said that, that this was going to be painless. They said it was gonna be quick. They said it was gonna be humane. And the family came out and said that is not true. Lastly I'll simply say that As I walked out of The room as a clergyperson.
I couldn't help but think about, you know, the The entire nation, people are allowed to clergy members, excuse me, folks who are being executed are allowed to bring their spiritual advisors into the chamber now. That's been true for the last 2 years. The Collier versus Ramirez decision in front of the Supreme Court. So we're talking also about putting our clergy through this. As well Again, I think I've made it very clear.
There is nothing quick. There is nothing humane about nitrogen hypoxia. Again, if you want to say Kenny held his breath. Then I ask you to look at the other 3 executions that also described upwards of 8 minutes of struggle to breathe, heaving. saliva and body fluid going in every direction. Thank
you. Uh, would you entertain a question, we have no questions. Thank you for your testimony today. Next
up is Reverend Brittany Stillwell, Ms. Stillwell, if you'll come
to the end of the table, identify yourself and you're recognized to make your statement. Thank you, Madam Chair.
Speaker 118
49:20
I'm Reverend Brittany Still, I'm a pastor
Speaker 119
49:22
at Second Baptist Church in downtown Little Rock, and it's my faith that leads me here to ask you to oppose House Bill 1489. I work primarily with the children and teenagers and our
congregation, um, very similar to the students that are here in this room today, and I teach them every chance that I get that all humans are created in the image of God. And I remind them regularly that this belief is not conditional. It doesn't disappear even when a human commits a crime, no matter how grievous. If we affirm the sanctity of life, we must confirm it, affirm it consistently, not only for the innocent, but for the guilty as well. I believe that state sanctioned
executions alone violate this principle, but that's not why I'm here today. I'm here to advocate for the most dignified way to treat human beings in our current judicial system. I'm here because execution by nitrogen gas is a particularly brutal way to die, as we've just heard. And I'm here because there are 26 people on death row right now that are human beings. Because every human life is full of dignity and respect, and the way that we treat them matters.
How are we to teach our young people that people matter when our own state would end someone's life in such an excruciating way. This form of execution models the exact behavior we're trying to eradicate. We can't fight violence with violence, and we need our judicial system to be our guardrails when our best, most loving selves are blinded by grief and trauma. When we don't know that brutal That brutal retribution heals nothing.
In Jesus' sermon on the mountain in Matthew 5 Jesus has an eye for an eye. You've heard it said it was an eye for an eye and a tooth for a tooth, but I tell you, do not resist resist an evil person. If anyone slaps you on the right cheek, turned to them the other cheek also. Jesus is quoting a Jewish law here, the law of retaliation meant to ensure a penalty fitting of the crime. A method of justice that's meant to prevent both the victim and the offender. The goal is to prevent the punishment from becoming more severe than the crime itself. And to be clear,
Jesus is not advocating for a world without confidence where abuse is to be passively tolerated. He's taking the Jewish law and elevating it to a higher standard. The only way to truly conquer evil is through love. Execution by nitrogen gas is a clear example of a punishment that far exceeds the crime. This is not a it's not guaranteed to be swift or painless, and it has been condemned internationally as a form of state sanctioned torture. A form of execution that the American veterinary Medical
Association deems unethical because it's too inhumane. Our students are looking to us. They're watching us to see if our actions match our words. How are they to believe that they are made in the image of God and that their lives matter when we are willing to end others' lives in such a cruel way. How are we to tell them that every human being is worthy of love and respect when we are willing to pass into law a method of execution so grotesque it is deemed unaccepted unacceptable even for animals. Our students are watching.
Please vote no to House Bill 1489.
Uh, Reverend Sewell, I don't see any questions members, are there any questions? Thank you for your testimony today and coming to the committee. Next we have to speak against the bill, Sarah Moore. Ms. Moore, if you'll go to the end
of the table, identify yourself, you're recognized to speak. Yeah Good morning, uh, committee
Sarah Moore
Unverified
53:16
members and Chair Dobby, um, this is a serious conversation we have before us, and my heart is incredibly heavy. My name is Sarah Moore. I'm the executive director of the Arkansas Justice Reform Coalition and Northwest Arkansas, uh, our organization works in mass incarceration, uh, because we know that that meeting these unmet needs and when folks need accountability with punitive measures actually creates more harm in our communities. Um, I sent a letter to the
members. Um, I don't know. I know you get a volumeous amount of emails, and so I wanted to hit some highlights of the letter that our organization sent to you. Some of this might be a bit redundant, but want to have this in the record because we do find this to be a very serious matter. Um, we really see very serious ethical and humanitarian concerns in regard to this form that's being considered. This has never been tested in a controlled setting for humane execution. It's been widely
condemned as cruel and inhumane, um, medical professionals and human rights advocates have had concerns in regard to this method and as you heard, and it's been spoken about quite a bit today. There's lots of concerns about the lack of oxygen that happens in this method. If you think about any time you've maybe held your breath for a little bit too long, um, just that bit of emotion and panic that you would have, as was talked about. by Minister Hood and causes
panic, distress, and prolonged agony. Um, basically, that amounts to torture. I really hope that my state is not trying to legalize torture in the state of Arkansas. Additionally, it's been talked about and this is a very expe experimental type form of ending someone's life. This is again as a human being. This is not guaranteed to be quick or to be a painless death.
And for those reasons, it violates our constitutional protections. I watched this body. I'm really talk in great length about making sure that the bills that we're putting forward are constitutional, and this raises so many concerns in the litigation that will follow in the resourcing and the, the mons our state will have to expend of our taxpayer money that is not a fiscally responsible decision for you to make with our monies.
has been talked about nitrogen gas manufacturers have begun to ban their products from being used in these executions, um, and there is no reason to think that much like a lethal injection drugs that that won't continue to be a concern going forward. It's been mentioned by some members of this body about FOIA, and we have lots of concerns around the checks and balances, um, that there is a lack of transparency and possible accountability in the way this bill is currently. written and some of the
questions that were answered not really answered by the Department of Corrections today, uh, really create some puzzles that I really don't think ethically you can proceed forward today. With all of that said, um, I am a lifelong Arkansan. I love Arkansas more than anything. I've been committed to the state. We as a state, we take care of each other. We're community minded. I, we do what's best for
everyone, and I think that has to also include, as was spoken about by previous speakers, even those that have been convicted of a crime, their humanity still matters, and I hope today you'll say no to the spill and that you'll really weigh these kind of decisions going forward very strongly thinking about, you know, an eye for an eye, you know, does leave the whole world blind. Thank you. Thank you, Ms. Moore. Oh, sorry, sorry. I didn't see anybody who needed
a question. Thank you for coming to the committee today.
Uh, last on our list is Mr. Calvert. Yeah Mr. Calvert, you put in. And not for or against, so I'm going to leave a little
latitude of fuel, once you identify yourself, tell us what your position is. Thank you. Yes, ma'am. Thank you. My
Paul Calvert
Unverified
57:39
name is Paul Calvert. I came to speak on the
bill rather than for or against it. I've got some. I guess I got, I have a sort of an interesting set of knowledge on some of this because 8 or 9
years ago I drowned. I passed out, um. From holding my breath. And so I've got some experience with that and that kind of led me to study some about What it takes to pass out and die. I was revived, obviously, um. But, um, so I'm gonna kind of address some of the things that were talked about, um, today. Um, one of the concerns about nitrogen gas is that it could maybe contaminate the room with other people in it. I did.
Little math here, this room is kind of a good sized room. It's probably holds about maybe close to 10,000 cubic feet. A, a normal Large size oxygens or nitrogen cylinder would hold about 300 cubic feet. If you released all of that in this room, none of us would have any effects whatsoever because the little bit that it would dilute the oxygen here, we wouldn't notice it. It wouldn't be enough to matter. Um. So that would be a relatively inconsequential effect unless you had a very large container that leaked and spilled.
Very large amounts in a room, um. Which would it wouldn't, I don't think there'd be a reason to have that large of a container for this purpose. Um, There's, um, there was discussion about somebody may be holding their breath. Well, So I passed out because I was practicing for free diving. I can hold my breath for a pretty long time. I've held my breath for over 4 minutes and stayed awake. Um, that's not comfortable to do. Um.
An adult male who's pretty healthy. Um, can hold his breath and stay awake. Sometimes as long as 8 or 9 minutes, um. And not pass out. If you're pushing it to the limits, you may go close to 10 or more, and so someone who's really got a lot of self-control, might go that long and make the people in the room really uncomfortable. Um, if someone's panicking, they may pass out in maybe 2 or 3 minutes just because your your body's getting going and you're using up the oxygen, um,
regardless. It will be uncomfortable for everyone in the room to watch something of this nature, um, if you're not uncomfortable I've seen someone die, there's something wrong with you. It should be uncomfortable. This is a serious thing that we're doing, um, putting someone to death, and we need to take it in a very serious way. Not that we shouldn't do it. I think the death penalty is appropriate, and we need to be very careful that we do so in a just manner, and we take it seriously. It's not something, it's not something that's funny.
It is something that's very serious, um. We need to be very careful that we're convicting people um appropriately. I think that's one of the concerns that people have is that we're concerned about Um, people being put to death when we don't even know if they're guilty. I'm that's a concern of mine. It really is. Even though I'm a, I'm, I'm a strong advocate for it if the person's guilty in many cases. Um Some have mentioned maybe
biblical arguments against the death penalty. I think the Bible is very clear on the death penalty when people are guilty. I don't think there's any question about that. Um. Uh As far as pain is concerned, the Bible is pretty clear about various different types of punishment that do cause pain. Um, that's not necessarily a valid concern from a biblical perspective about whether or not a punishment causes pain. One of the lawful punishments for people was
To use what we considered corporal punishment, a beating of sorts that hurts. Probably worse than what we're describing here today. I think they were allowed up to 40 lashes. That's probably going to be a lot more painful than suffocating. Um, uh, let's see. As far as purity on nitrogen gas in the forms of industrial versus medical grade, um. I'm also a welder, so I know a little bit about this issue as
well. They use it for braising and for welding. And, um, One of the main purposes of using it for brazen and welding is it doesn't have oxygen in it. You keep the oxygen out because you don't want the oxidizing effects of oxygen, so you have um relatively pure gas. Because the oxygen will mess up your weld or your braising. And, um, And so industrial nitrogen's not likely to have oxygen impurities which oxygen in this case would be considered an impurity and um it maybe could have some other
impurities like maybe argon or something of that nature, but that wouldn't take away from the um the purpose of the gas, which is to displace oxygen. Um Uh, there was some discussion about a mask versus a chamber, um. And a chamber might actually be more cruel, more hard on the person, because it would take longer.
For the um For the oxygen to be removed, they would more slowly be exposed to the pure nitrogen which would displace the oxygen. Again, nitrogen's not poisonous. It's the only way that it would kill a person is that it has to. prevent them from having access to oxygen. You don't have access to oxygen. You will die relatively quickly. Um, again, if they hold their breath, they may stay awake for 8 or 10 minutes if they're good and healthy and they can have good self-control. Um And make everybody in the room
very uncomfortable, more so than they maybe would be otherwise. Um. I think that's all I have. Um You have any questions, I don't know. I'm kind of an interesting. Witness on this topic, I, I
don't see any questions, Mr. Calvert, but thank you for your testimony today. Thank you.
That concludes our list of everyone who has signed up, Representative Wardlaw, you're
Representative Jeff Wardlaw
Unverified
1:04:11
recognized to come and close for your bill. Thank you, Madam Chair. Members, I'll make this very clear. This is probably the hardest bill I've ever run in my career and probably will be the hardest bill I ever sit here and run, and it is a very serious bill, as Mr. Paul said a few minutes ago. Um, I do want to answer some concerns. I took the time while members were, while testimony was taking place to do a little research. Um, the veterinary study that keeps being brought up.
was actually ruled that it was inhumane for rats, mice, and minks because of their unique physiology. The report also said as other Anesthesia methods, some annals may exist. motor activity archivvulsions following the loss of consciousness due to the hypoxia. However, these are just reflexes, activity, and it's not consciousness or perceived by the animal. This was done on the animals, so this wasn't done on humans. So
You know, I also looked at some polling data. While I was sitting in the window sill. 81% of Republicans support the death penalty as a recent Gallup poll showed 32% of Democrats also support. The death penalty. This is not an easy decision. It never will be an easy decision. I hope it wasn't easy when they took the life of the victims that they took. I can't answer that for them.
But it's never easy to take that level of freedom away from anyone. But folks, the current method is on the laws is not working. We can't receive the drugs. We can't get them, can't buy them, can't force them to sell them to us. So It's our job to set that policy. Here it is in front of us. It's in your hands at this point, and with that I'll close. Members,
Representative Wardlaw is closed for bill. What are the wishes of the committee? Have a motion
to pass on the table. Is there any discussion of the motion representing
Representative Nicole Clowney
Unverified
1:06:20
Clowney, you're recognized for discussion. Thank you, Madam Chair. Um, thank you, Representative Wardlaw for approaching this with the seriousness it deserves. I can tell that this this is not easy on any of us in this room today. Um, thank you too, to those of you who showed up to speak against this bill. I just, um, want to make a plea to the members around this table, um. I think It's, we're talking a lot about
eye for an eye, um, about, you know, punishments that folks may or may not deserve, but one piece of this conversation that I'm glad Mr. Calvert just brought up is that mistakes do happen. And so regardless of all of the very good testimony that we heard today about this particular method and all of the very good questions about the constitutionality of the bill. I also want you to consider that mistakes happen. We know that prosecutors and public ers are hugely underfunded and
overworked. We know that sometimes attorneys are just bad. In 1993, In Jacksonville, Arkansas, Deborah Reese was found strangled and bludgeoned to death. Wadeli was charged with her murder. He was convicted and sentenced to death despite there being no physical evidence that he had committed the crime. The fingerprints of the scene did not match Mr. Lee. His attorney showed up drunk to court. There were multiple eyewitnesses that were later ruled unreliable, and there were various conflicts of interest throughout the case.
Regardless, in 2017, The state of Arkansas killed Mr. Lee. In 2021, DNA testing revealed that it was not Mr. Lee's DNA on the murder weapon. Now I am not presuming to know the truth of what happened in that particular case. But what I do know, is that we've spent a lot of time today talking about giving people the worst criminals of the worst, what they deserve. And presuming that those are the only people who will be impacted
by this bill if it becomes law, but they won't be. Because as long as humans are responsible for these decisions, we will get it wrong sometimes. I hate to put it this bluntly. But as long as the death penalty exists in Arkansas, we will kill innocent people. So the question I think we really need to grapple with today as committee members is not what do the worst of the worst deserve.
But instead, just how painful and cruel and torturous is the method that we are considering. That we are going to choose acknowledging That whatever method we do land on will be used against innocent Arkansans. These decisions about the death penalty are, I think, the single weightiest thing we do certainly in this committee if not as a legislature. Um, as a whole. And so I just really wanted to
consider that angle before we make this very, very serious decision today and to explain why I will be a no. Thank you. Representing
Representative Andrew Collins
Unverified
1:09:40
Collins, you're recognized for discussion. Thank you, Madam Chair, and I guess my point would be that the death penalty is, is not what's before us in this bill here. The death penalty is legal in Arkansas and and that's what it is. This is a specific method of execution at the testimony has
convinced me is inhumane and is even torture. And it is experimental. Let's not kid ourselves. This has been done in just one state and there are a lot of uh questions about how that all went down and, and certainly a lot of reports including one we heard today that it was um you know, absolutely appalling. The thing I want to point out about this is like Mr. Rosensweig said, there is not
enough detail about this method to make it constitutionally sound and I believe that's probably on purpose because If you were to detail that the nitrogen gas had to be medical grade, had to have sufficient purity to keep it from being an even worse torture device that would probably make it so that you couldn't source it. And let me explain that a little bit. There are only a few companies that make the level of
nitrogen gas that is appropriate to be used in these kinds of situations, if any, is ever appropriate to be used. These are the major manufacturers. This is not something you can get on the farm. This is not something you can get from an industrial sorcer. So If those companies won't sell to us, and they've already said they won't, then what we're gonna end up doing is getting it through a different channel, a back channel, and there's nothing in the law that prevents
us from using an impure form of nitrogen gas, that's not medical grade, not intended for use on humans and will make what is already bad, worse. And so we don't really know. We don't really know the full scope of how it's going to be felt and experienced when we do this. And as the department said the protocol is gonna be secret. Everything about what Alabama has done has been shrouded in secrecy. Everything about what we are doing is going to be
shrouded in secrecy. So whether or not you like the death penalty or think it's important is actually not at issue here. What's at issue here is this method and our specific bill that would implement this method in a way that I think will be bad for transparency and Truly inhumane and and below where we should be as a state. So I urge you to vote no on those reasons. Thank you representative Springer, you recognized for discussion.
Representative Joy Springer
Unverified
1:12:38
Uh, thank you, Madam Chair. I just would like to indicate that I'm going to be a no vote as well simply because member, the secretary and other members of her uh cabinet are not here to have a discussion about certain questions that have been asked. I think that it speaks volumes that a member of the secretary of the Department of Corrections is not present here today to answer questions. Representing McCullo, you're
recognized for discussion. Thank you, Madam Chair. Um, I mean, it's no secret. I've
Representative Tippi McCullough
Unverified
1:13:09
been against the death penalty since I was 17 years old when I wrote my research paper on it, mainly because I've never understood the logic of the punishment being for killing someone to kill someone. But I agree with Representative Collins today, that is
the law here in Arkansas, and what we're talking about is this specific bill and what it does, and I think you can support the death penalty and still realize that the implementation of
this new option would, um, have problems
because it's somewhat experimental in nature. There's a potential for botched executions and other safety issues. It could be cruel and unusual and inhumane punishment. And of course, as always this particular kind of punishment leaves out any um options for redemption. I feel
like someone did something to my family. I would want, I would want to hurt them myself. I would want to do that, but I, I don't believe that, um, that the state should
be in the business of this, and I don't agree that this is a good option for
us, so I'll be a no. Members seeing no further discussion on the motion. We have a motion on the on the table of due pass, all in favor of the motion, please say aye. All opposed say no. The eyes have it. We have a roll call. Representative Shepherd.
Speaker 133
1:14:43
Representative Shepherd, I. Representative Eubanks. Eubanks Representative Tosh, Representative Tosh, I. Representing Gonzalez. Representative Gonzalez, yes. Represented Gazaway. Representing Gazaway. Representative Crawford. Representative Crawford, I. Representative Mc Clowney. Representative Clowney, no. Representative Collins. Representative Collins, no. Representative Evans.
Representative Evans. Represented McCullough. Representative McCullough? No. Representative Springer. Representative Springer, no. Represented Beatty. Representative Beatty, I. Representative Hudson. Representative Hudson, no. Represented more represented more. I represent the brown. Representative Brown, Representative Unger. Representative Unger. Representative Richardson.
Representative Richardson, I Representative Pierce. Representative Pierce, I. Representative Underwood. Underwood, yes. I have the motion carries. Congratulations, you have
passed your bill, Madam Chair and committee. Thank you. Members were at the conclusion
of our meeting, but before we
get there, here's your list for Tuesday. We'll be hearing House Bill 1551, of course all text this out to you, but this is for anybody listening. Uh, House Bill 1551, House Bill 1552, House Bill 1553, House Bill 1581, House Bill 1597, House Bill 1609, House Bill 1593, and I will text that out to you over the weekend, so
you'll have it, but I always want to give that out. We have no further business before this committee. We are adjourned.
Agenda
HB1489 Wardlaw TO AMEND THE METHOD OF EXECUTION TO INCLUDE NITROGEN GAS.
CONCUR IN SENATE AMENDMENT
HB1007 Puryear TO REGULATE LIABILITY FOR SHOOTING SPORTS EVENTS; AND TO PROVIDE IMMUNITY TO CERTAIN INDIVIDUALS WITH RESPECT TO SHOOTING SPORTS EVENTS.
REGULAR AGENDA
HB1434 Hudson TO AMEND THE LAW REGARDING THE PRESUMPTION THAT AN AWARD OF JOINT CUSTODY BETWEEN PARENTS IS IN A CHILD'S BEST INTEREST WHEN THERE IS DOMESTIC ABUSE OR COURSE OF CONTROL PRESENT.
HB1473 Pilkington TO AMEND THE LAW CONCERNING HEALTH-RELATED CASH DISCOUNT CARDS.
HB1504 S. Meeks TO CREATE THE OFFENSE OF MANUFACTURING, MODIFYING, SELLING, TRANSFERRING, OR OPERATING A ROBOTIC DEVICE OR AN UNCREWED AIRCRAFT THAT IS EQUIPPED OR MOUNTED WITH A WEAPON.
HB1511 Beaty Jr. TO AMEND THE LAW CONCERNING THE ATTORNEY GENERAL; AND TO AMEND THE LAW CONCERNING THE ATTORNEY GENERAL'S SUBPOENA POWER.
HB1518 S. Meeks TO CREATE THE OFFENSE OF CREATING, DISTRIBUTING, POSSESSING, OR VIEWING ARTIFICIAL INTELLIGENCE-GENERATED MATTER DEPICTING SEXUALLY EXPLICIT CONDUCT INVOLVING A CHILD.
HB1529 S. Meeks AN ACT CONCERNING DEEPFAKE VISUAL MATERIAL OF A SEXUAL NATURE; AND TO CREATE THE CRIMINAL OFFENSE OF UNLAWFUL DISTRIBUTION OF DEEPFAKE VISUAL MATERIAL.
HB1551 Gazaway TO AMEND THE LAW CONCERNING CRIMINAL ABORTION; AND TO CREATE THE OFFENSE OF COERCED CRIMINAL ABORTION BY MEANS OF FRAUD.
HB1552 Gazaway TO AMEND THE LAW CONCERNING CERTAIN INCHOATE OFFENSES RELATED TO FENTANYL; AND TO ESTABLISH THE CLASSIFICATION FOR A CRIMINAL ATTEMPT, SOLICITATION, OR CONSPIRACY FOR CERTAIN FENTANYL RELATED OFFENSES.
HB1553 Ray TO REPEAL THE PROHIBITION AGAINST THE SALE AND DISTRIBUTION OF NOVELTY LIGHTERS.
HB1563 Gazaway TO ADD A FELONY OFFENSE THAT FALLS UNDER THE DEFINITION OF RESTRICTED RELEASE FELONY WITH RESPECT TO RELEASE ELIGIBILITY AND PROCEDURES FOR OFFENSES COMMITTED ON OR AFTER JANUARY 1, 2025.
HB1057 R. Scott Richardson TO AMEND THE LAW CONCERNING POSSESSION OF A FIREARM BY CERTAIN PERSONS; AND TO PERMIT THE RESTORATION OF THE RIGHT TO POSSESS A FIREARM TO A NONVIOLENT FELON.
HB1178 R. Scott Richardson CONCERNING MUNICIPAL ORDINANCE VIOLATIONS; TO AMEND THE LAW CONCERNING SUMS COLLECTED BY DISTRICT COURTS; AND TO AMEND THE LAW CONCERNING COST SHARING FOR DISTRICT COURT EXPENSES.
HB1306 Furman CONCERNING CIVIL IMMUNITY FOR A CHURCH OR OTHER PLACE OF WORSHIP; AND TO PROVIDE CIVIL IMMUNITY FOR VOLUNTEER SECURITY PERSONNEL IN A CHURCH OR OTHER PLACE OF WORSHIP.
HB1579 Gazaway TO AMEND THE LAW CONCERNING SEX OFFENDER REASSESSMENT; AND TO PROHIBIT AN INCARCERATED PERSON FROM BEING ELIGIBLE FOR RISK LEVEL REASSESSMENT.
HB1581 Henley TO ADD TRAFFICKING OF PERSONS TO THE LIST OF OFFENSES INCLUDED IN THE DEFINITION OF SEX OFFENSE FOR RIGHTS OF VICTIMS OF A CRIME.
HB1593 Wooldridge CONCERNING THE REPORTS MADE TO THE GOVERNOR AND THE GENERAL ASSEMBLY BY THE BOARD OF CORRECTIONS, DIVISION OF CORRECTION, AND DIVISION OF COMMUNITY CORRECTION; AND TO COMBINE REPORTING REQUIREMENTS.
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — JUDICIARY COMMITTEE- HOUSE, Feb 27, 2025 | Agenda | 3 | Official source ↗ |
Speakers
Representative Carol Dalby Chair
Unverified
Representative Chad Puryear
Unverified
Representative Jeff Wardlaw
Unverified
Speaker 15
Representative Nicole Clowney
Unverified
Speaker 14
Speaker 25
Representative Joy Springer
Unverified
Representative Tippi McCullough
Unverified
Representative Matthew J. Shepherd
Unverified
Representative Ashley Hudson
Unverified
Representative Andrew Collins
Unverified
Speaker 28
Speaker 79
Speaker 84
Speaker 89
Speaker 105
Speaker 106
Representative R. Scott Richardson
Unverified
Reverend Doctor
Unverified
Speaker 113
Speaker 118
Speaker 119
Sarah Moore
Unverified
Paul Calvert
Unverified
Speaker 133