This story is from our partner Little Rock Public Radio.
A bill to allow executions using nitrogen gas in Arkansas cleared an initial hurdle Thursday morning.
House Bill 1489 is sponsored by state Rep. Jeff Wardlaw, R-Hermitage. It would expand the state’s alternatives to lethal injection to include nitrogen hypoxia, alongside the electric chair, which is Arkansas’ only alternative on record.
In a meeting of the House Judiciary committee Thursday, Deputy Solicitor General Dylan Jacobs said the state has been seeking a resupply of lethal injection drugs since 2017.
“The lethal injection drugs are controlled substances, and the supply chains are obviously very restricted in who can purchase them," said Jacobs. "That's not necessarily the case with nitrogen gas, and states have, thus far, assessed that it's pretty available to get. I'm not aware of any troubles that Alabama has had in securing access to a supply of nitrogen.”
Wardlaw said the bill was drafted in response to a list of requests from families of victims of the June 2024 mass shooting in Fordyce that left four people dead.
Summarizing his argument in favor of the method, Wardlaw said, "It's readily available, it's absolutely cheaper than the drugs, and it's a very quick, humane death.”
Following that statement, debate continued for over an hour, with four members of the public speaking against. No one spoke explicitly in favor of the bill.
Opponents made several arguments, focusing on the small sample size of executions, and speculation that the execution method could be considered cruel and unusual.
So far, Alabama is the only state to have executed a person using nitrogen gas in the United States.
Jeff Hood, a theologian and activist, spoke against the bill. He was present at the first nitrogen hypoxia execution in January 2024 and shared his experience in the committee.
"He began to heave, back and forth, back and forth. His whole body tensed up 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," said Hood. "All sorts of fluids were coming out of his mouth, they were catching on the front of the mask [...] It looked like there were millions of ants underneath his skin, going in every different direction all at once."
Rep. Andrew Collins, D-Little Rock, asked Department of Corrections chief counsel Tawnie Rowell how the nitrogen would be sourced.
"I would not be the one making those sourcing decisions, so I don't believe I can speak on that," Rowell replied.
"Who would be making those sourcing decisions?" asked Collins.
"There would be a directive that set those guidelines."
"From whom?" Collins followed up.
"That one is promulgated by either the secretary or the Division of Corrections director."
"And 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.”
The bill does not specify that medical-grade nitrogen is required to perform the procedure.
The bill advanced on a roll call vote, with 10 voting in favor and five against. It now heads to the full House for consideration.
