All Roll Calls
Yes: 93 • No: 32
ArkansasHB14892025 Regular SessionHouse
TO AMEND THE METHOD OF EXECUTION TO INCLUDE NITROGEN GAS.
Sponsored By: Blake Johnson (Republican), Jeff Wardlaw (Republican)
Enacted
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 0 costs, 3 mixed.
Prisoners get written execution method notices
Within seven days after receiving the Governor's execution warrant, the prison director must give the prisoner written notice of the method. For lethal injection, the notice must name the drugs. Drugs must meet one of three sourcing standards: FDA-approved drugs from an FDA-approved manufacturer, an FDA-registered facility, or an accredited compounding pharmacy. The director or a designee can order drugs dispensed and given without a prescription. Required added substances must be used, and intravenous equipment must be sterilized and prepared in a standard way. The director must plan supplies, staff training, viewing, agency coordination, prisoner transport, personnel access, chaplain services, visits, death pronouncement, and body and property arrangements. Any drug mixing must follow instructions. Execution procedures are exempt from the Arkansas Administrative Procedure Act.
Arkansas adds nitrogen gas for executions
The law allows death or life in prison without parole for a person convicted of a capital offense. Arkansas can carry out death sentences using nitrogen gas or intravenous lethal injection. The state must use electrocution if a final court order that cannot be appealed invalidates both methods. A death sentence is not reduced because an execution method is ruled unconstitutional. It remains in force until the state can use a lawful method.
Execution staff gain privacy and immunity
The law extends statutory immunity from prosecution or civil liability to people obtaining, preparing, giving, monitoring, or overseeing execution nitrogen gas. Participation in a lawful execution is not treated as physician-assisted suicide. Identifying details about covered execution staff and suppliers of drugs, nitrogen, chemicals, or equipment are kept confidential. Necessary information can be shared with the director's staff, contractors, vendors, the Governor, or the Attorney General for authorized duties. If a final court order invalidates these secrecy rules, otherwise unauthorized disclosure requires a sealed order barring public disclosure. Recklessly violating that order is a Class D felony.
Public can request nitrogen execution procedures
The Arkansas Division of Correction must share its nitrogen-gas execution procedure when someone requests it. The division must also make its lethal-injection procedures and sworn certification of compliance with drug requirements available to the public. It must remove details that could identify protected people or companies. The director must certify under oath that execution drugs meet the law's requirements. Challenges to whether drugs meet those requirements must start directly in the Arkansas Supreme Court.
Sponsors & Cosponsors
Sponsors
Blake Johnson
Republican • Senate
Jeff Wardlaw
Republican • House
Cosponsors
Wade Andrews
Republican • House
Sonia Eubanks Barker
Republican • House
Howard M. Beaty, Jr.
Republican • House
Rick Beck
Republican • House
Harlan Breaux
Republican • House
Ronald Caldwell
Republican • Senate
Frances Cavenaugh
Republican • House
Paul Childress
Republican • House
Bruce Cozart
Republican • House
Steve Crowell
Republican • Senate
Dan Sullivan
Republican • Senate
Dave Wallace
Republican • Senate
Tyler Dees
Republican • Senate
Matt Duffield
Republican • House
Jon S. Eubanks
Republican • House
Scott Flippo
Republican • Senate
Tony Furman
Republican • House
Gary Stubblefield
Republican • Senate
Ben Gilmore
Republican • Senate
Justin Gonzales
Republican • House
Brad Hall
Republican • House
RJ Hawk
Republican • House
Bart Hester
Republican • Senate
Ricky Hill
Republican • Senate
Steve Hollowell
Republican • House
Missy Irvin
Republican • Senate
Jim Dotson
Republican • Senate
Jane English
Republican • Senate
Jeremiah Moore
Republican • House
John Payton
Republican • Senate
Lane Jean
Republican • House
Joey L. Carr
Republican • House
John P. Carr
Republican • House
Karilyn Brown
Republican • House
Kim Hammer
Republican • Senate
Lee Johnson
Republican • House
Jack Ladyman
Republican • House
Wayne Long
Republican • House
Robin Lundstrum
Republican • House
Roger D. Lynch
Republican • House
Matt Brown
Republican • House
Mark Johnson
Republican • Senate
Mark D. McElroy
Republican • House
Matt McKee
Republican • Senate
Rick McClure
Republican • House
Austin McCollum
Republican • House
Richard McGrew
Republican • House
Ron McNair
Republican • House
Jon Milligan
Republican • House
Jason Nazarenko
Republican • House
Stetson Painter
Republican • House
Aaron Pilkington
Republican • House
Chad Puryear
Republican • House
R. Scott Richardson
Republican • House
David Ray
Republican • House
Terry Rice
Republican • Senate
Marcus E. Richmond
Republican • House
Johnny Rye
Republican • House
Stan Berry
Republican • House
Matt Stone
Republican • Senate
Randy Torres
Republican • House
Kendon Underwood
Republican • House
DeAnn Vaught
Republican • House
Steven Walker
Republican • House
Roll Call Votes
Senate vote • 3/11/2025
Senate Vote - Tuesday, March 11, 2025 3:35:12 PM
Yes: 26 • No: 9
House vote • 3/4/2025
House Vote - Tuesday, March 4, 2025 2:03:04 PM
Yes: 67 • No: 23 • Other: 2
Actions Timeline
Notification that HB1489 is now Act 302
3/18/2025HouseCorrectly enrolled and ordered transmitted to the Governor's Office.
3/12/2025HouseTO BE ENROLLED
3/11/2025HouseReturned from the Senate as passed.
3/11/2025HouseReturned to the House as passed.
3/11/2025SenateRead the third time and passed.
3/11/2025SenateReturned by the Committee, with the recommendation that it Do Pass
3/10/2025SenateRead first time, rules suspended, read second time, referred to JUDICIARY COMMITTEE - SENATE
3/4/2025SenateReceived from the House.
3/4/2025SenateRead the third time and passed and ordered transmitted to the Senate.
3/4/2025HouseReturned by the Committee Do Pass
2/27/2025HouseRead the first time, rules suspended, read the second time and referred to the Committee on JUDICIARY COMMITTEE- HOUSE
2/17/2025HouseFiled
2/14/2025House
Bill Text
HB1489 - Introduced
2/14/2025
Act Version
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