MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary, Division A

By: Senator(s) Fillingane

Senate Bill 2236

AN ACT TO AMEND SECTION 99-19-51, MISSISSIPPI CODE OF 1972, TO REVISE THE METHODS BY WHICH THE DEATH PENALTY MAY BE CARRIED OUT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 99-19-51, Mississippi Code of 1972, is amended as follows:

     99-19-51.  (1)  The manner of inflicting the punishment of death shall be by * * * continuous the sequential intravenous administration of a lethal quantity of * * * an ultra short‑acting barbiturate or other similar drug in the following combination * * * with of substances:  (a) an appropriate anesthetic or sedative; (b) a chemical paralytic agent; and (c) potassium chloride, or other similarly effective substance, until death is pronounced by the county coroner where the execution takes place or by a licensed physician according to accepted standards of medical practice.  As used in this section, the term "appropriate anesthetic or sedative" means any substance that, if properly administered in a sufficient quantity, is likely to render the condemned inmate unconscious, such that the execution process should not entail a substantial risk of severe pain.

     (2)  If the method of execution authorized in subsection (1) of this section is held unconstitutional by a court of competent jurisdiction or is otherwise unavailable, then the sentence of death shall be carried out by nitrogen hypoxia.

     (3)  If the methods of execution authorized in subsections (1) and (2) of this section are held unconstitutional by a court of competent jurisdiction or are otherwise unavailable, then the sentence of death shall be carried out by electrocution.

     (4)  If the methods of execution authorized in subsections (1), (2) and (3) of this section are held unconstitutional by a court of competent jurisdiction or are otherwise unavailable, then the sentence of death shall be carried out by firing squad.

     (5)  The Commissioner of Corrections shall have the authority and discretion to select and obtain the substances and means necessary to carry out an execution, and may adopt and promulgate  rules and regulations as the commissioner deems necessary to administer and implement the provisions of this section.

     SECTION 2.  This act shall take effect and be in force from and after its passage.