SS/HCS/HB 820 - This act requires the Director of the Department of Corrections to select an execution team. The team shall consist of the persons who administer lethal gas or lethal chemicals and persons who provide direct support for the administration of such gas or chemicals. The identities of execution team members, as defined in the execution protocol, shall be confidential. Any portion of a record that could identify a person as being a current or former execution team member shall be privileged and shall not be subject to discovery, subpoena, or other means of legal compulsion for disclosure to any person or entity, the remainder of such record shall not be privileged or closed unless protected by law. The section of an execution protocol that relates to the administration of lethal gas or lethal chemicals is an open record, the remainder of the protocol is a closed record.
A person may not, without the approval of the director, knowingly disclose the identity of an execution team member or disclose a record knowing that it could identify a person as a team member. A person whose identity is disclosed shall have a civil cause of action against a person who violates this provision and shall be entitled to actual and punitive damages.
A licensing board or department shall not censure, reprimand, suspend, revoke, or take other disciplinary action against a person's license because of participation in a lawful execution. All members of the execution team are entitled to coverage under the state legal expense fund for conduct of such execution team member arising out of and performed in connection with his or her official duties on behalf of the state.
This act is similar to SB 258(2007).
SUSAN HENDERSON MOORE