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Friday, February 28, 2025

Ohio considers nitrogen hypoxia as alternative execution method

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State Rep. Brian Stewart | The Ohio House of Representatives

State Rep. Brian Stewart | The Ohio House of Representatives

State Representative Brian Stewart has introduced new legislation in Ohio, aiming to authorize the use of nitrogen hypoxia as an alternative method for capital punishment. This proposal seeks to address delays in executions caused by a reported shortage of drugs used for lethal injections.

Currently, eight states permit the use of lethal gas for executions, with four—Alabama, Louisiana, Mississippi, and Oklahoma—specifically allowing nitrogen hypoxia. Stewart stated that "nitrogen hypoxia is an alternative method for carrying out capital punishments that have been made available by legislatures in other states." He referenced federal court pleadings where defense counsels acknowledged that this method would render an offender "quickly, painlessly, and humanely unconscious."

The legislation also proposes restoring confidentiality protections for manufacturers and suppliers of lethal injection drugs. These protections expired due to a sunset clause in the Ohio Revised Code.

Stewart emphasized the importance of adhering to existing laws on capital punishment: “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.” He further noted that providing an additional execution method is crucial for upholding sentences for severe crimes.

The bill has garnered support from Attorney General Dave Yost and Lou Tobin, executive director of the Ohio Prosecuting Attorneys Association. Yost remarked on the need to resolve current challenges: “No criminal penalty – capital or otherwise – should carry an empty promise of justice.”

The proposed legislation is awaiting a bill number and committee assignment.

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