02 March 2025 :
February 27, 2025 - Arkansas. Bill allowing nitrogen gas for executions (HB 1489) forwarded by House Judiciary
The Arkansas House Judiciary Committee on Thursday (Feb. 27) passed HB 1489 allowing for nitrogen hypoxia. The bill now heads to a full House vote.
Rep. Jeff Wardlaw, R, is the lead sponsor of HB 1489.
Arkansas has 25 prisoners on death row. They are all men. The last execution was in 2017.
If the bill advances, there may be other challenges. Several witnesses who testified said the method might not survive court challenges. Specifically, it might violate the U.S. Constitution’s Eighth Amendment, which doesn’t allow for cruel and unusual punishments.
The bill doesn’t require the nitrogen to be medical grade, and that could be on purpose, said Rep. Andrew Collins, D-Little Rock. The three largest nitrogen gas producers have stated they will not sell their products to be used in executions, Collins said.
Another potential legal problems with the bill could be the person or entity making the decision as to what execution method will be used, said Rep. Ashley Hudson, D-Little Rock. The bill would allow for the Arkansas Department of Corrections to decide what method is used, and decisions and actions relating to an execution are often not made in public. “Where is our oversight?” she said.
