Stewart Introduces Legislation Providing Alternate Means for Capital Punishment

COLUMBUS –State Representative Brian Stewart (R-Ashville) introduced legislation to authorize the State of Ohio to use nitrogen hypoxia in addition to lethal injection whenever the latter is not available to carry out a capital sentence.

This legislation comes as a result of executions being postponed because of a claimed lack of access to certain drugs for lethal injections. Presently, eight states allow for lethal gas to be used for capital punishment. Four of these states (Alabama, Louisiana, Mississippi, and Oklahoma) specifically allow for nitrogen hypoxia.

“Nitrogen hypoxia is an alternative method for carrying out capital punishments that have been made available by legislatures in other states,” said Stewart. “In federal court pleadings, defense counsels have conceded that an offender executed by nitrogen hypoxia would be ‘quickly, painlessly, and humanely rendered unconscious, followed rapidly by death.”’

The proposed legislation will also restore the confidentiality protections that the Ohio Revised Code (ORC) previously gave to manufacturers and suppliers of drugs used in lethal injections. These protections expired due to a sunset clause in the ORC.

“So long as capital punishment remains the law in Ohio, the law should be followed, and duly enacted sentences should be carried out to give victims’ families the justice and finality they deserve,” added Stewart. “Providing an additional method for carrying out capital punishments is necessary to ensure Ohio can continue to impose these sentences in response to the most heinous crimes committed in our state.”

Stewart’s bill is supported by Attorney General Dave Yost and Lou Tobin, executive director of the Ohio Prosecuting Attorneys Association.

“No criminal penalty – capital or otherwise – should carry an empty promise of justice,” Yost said. “It’s time to break the impasse with a law that ensures accountability for offenders convicted of the most heinous crimes, while allowing the families of victims to finally have closure.”

The legislation awaits a bill number and committee assignment.