Secrecy Statutes/Information Alabama HB 379 , introduced in February 2014, would amend Sec. 15-18-82.

1 to add: (j) The name, address, qualifications, and other identifying information of any person or entity that manufactures, compounds, prescribes, dispenses, supplies, or administers the drugs or supplies utilized in an execution shall be confidential, shall not be subject to disclosure, and shall not be admissible as evidence or discoverable in any action of any kind in any court or before any tribunal, board, agency, or person. The same confidentiality and protections shall also apply to any person who participates in an execution or performs any ancillary function related to an execution and shall include information contained in any departmental records, including electronic records, that would identify the person. Arkansas The Method of Execution Act of 2009, Arkansas Code 5-4-617: (B) The policies and procedures for carrying out the sentence of death and any and all matters related to the policies and procedures for the sentence of death are not subject to the Freedom of Information Act of 1967, 25-19-101 et seq., except for the choice of chemical or chemicals that may be injected, including the quantity, method, and order of the administration of the chemical or chemicals. February 14, 2014, Arkansas state trial court invalidated the MEA based on the state constitutional separation of powers provision. Colorado August 1, 2013, in ACLU v. Colorado Department of Corrections, the state district court ordered disclosure of the execution protocol, but permitted the department to withhold information about the attempts to purchase drugs. This was based on public records law. The court stated: The Plaintiff argues that the public has an interest in knowing whether Colorado pharmacies are supplying drugs that will be used in executions and who the pharmacies are. The public may have an interest in knowing who the pharmacies are and if they are supplying the drugs for executions; however, knowledge of the source of the drugs used will not facilitate Colorado's public discussion about the death penalty. Even if it did, releasing the information could possibly expose the pharmacy and its employee to ridicule, raise safety concerns and possibly have a negative impact on its business, which far outweighs the public need for the information. The Records Custodian properly denied the request for information pertaining to the source of lethal injection chemicals. Further, the disclosure of any

responses that the CDOC may have received concerning the availability of lethal injection drugs could impact the availability of the drug and create unnecessary interference with the regular discharge of the CDOCs duty to carry out the death sentence. Georgia Code of Georgia, Section 42-5-36, amended in 2013: (d)(2) The identifying information of any person or entity who participates in or administers the execution of a death sentence and the identifying information of any person or entity that manufactures, supplies, compounds, or prescribes the drugs, medical supplies, or medical equipment utilized in the execution of a death sentence shall be confidential and shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50 or under judicial process. Such information shall be classified as a confidential state secret. On July 13, 2013, in Hill v. Owens a state superior court issued an injunction preventing executions pursuant to the statue on separation of powers, due process and access to the courts grounds. The GA Supreme Court heard oral arguments on this issue on February 17, 2014. Louisiana Louisiana Revised Statute 15:570 G. The identity of any persons other than the persons specified in Subsection F of this Section who participate or perform ancillary functions in an execution of the death sentence, either directly or indirectly, shall remain strictly confidential and the identities of those persons and information about those persons which could lead to the determination of the identities of those persons shall not be subject to public disclosure in any manner. Any information contained in records that could identify any person other than the persons specified in Subsection F of this Section shall remain confidential, shall not be subject to disclosure, and shall not be admissible as evidence nor discoverable in any proceeding before any court, tribunal, board, agency, or person. Mississippi In a 2/20/2014 response to a request for public records, the Missouri Department of Corrections refused to provide information on the source of drugs, stating: For security purposes, MDOC cannot release the name of the entity.

The Mississippi lethal injection statute is found in Mississippi Code Annotated Sec. 99-19-51, and is silent on confidentiality of information related to executions. Have not searched public records exemptions yet. Missouri Missouri Revised Statute 546.720 2. The director of the department of corrections shall select an execution team which shall consist of those persons who administer lethal gas or lethal chemicals and those persons, such as medical personnel, who provide direct support for the administration of lethal gas or lethal chemicals. The identities of members of the execution team, as defined in the execution protocol of the department of corrections, shall be kept confidential. Notwithstanding any provision of law to the contrary, any portion of a record that could identify a person as being a current or former member of an execution team 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 from disclosure by law. The section of an execution protocol that directly relates to the administration of lethal gas or lethal chemicals is an open record, the remainder of any execution protocol of the department of corrections is a closed record. 3. A person may not, without the approval of the director of the department of corrections, knowingly disclose the identity of a current or former member of an execution team or disclose a record knowing that it could identify a person as being a current or former member of an execution team. Any person whose identity is disclosed in violation of this section shall: (1) Have a civil cause of action against a person who violates this section; (2) Be entitled to recover from any such person: (a) Actual damages; and (b) Punitive damages on a showing of a willful violation of this section. In Missouri, the Director of the DOC announced that the compounding pharmacy that provides compounded pentobarbital for executions as part of the execution team See Missouri Department of Corrections News Release, October 22, 2013. The DOC has argued throughout the Zink v. Lombardi litigation identity of the pharmacy should remain secret because the pharmacy is a member of the execution team. Oklahoma Oklahoma Code 22-1015:

B. The identity of all persons who participate in or administer the execution process and persons who supply the drugs, medical supplies or medical equipment for the execution shall be confidential and shall not be subject to discovery in any civil or criminal proceedings. The purchase of drugs, medical supplies or medical equipment necessary to carry out the execution shall not be subject to the provisions of The Oklahoma Central Purchasing Act. South Dakota South Dakota Code 23A-27A-31.2 revised in 2013: Confidentiality of identity of person or entity supplying or administering intravenous injection substance--Violation as misdemeanor. The name, address, qualifications, and other identifying information relating to the identity of any person or entity supplying or administering the intravenous injection substance or substances under chapter 23A-27A are confidential. Disclosure of the foregoing information may not be authorized or ordered. Disclosure of confidential information pursuant to this section concerning the execution of an inmate under chapter 23A-27A is a Class 1 misdemeanor. The specific purpose of SB 36 is to protect the identity of the person or entity supplying the intravenous injection substance for executions and to increase the penalty for a violation of those provisions. SB 36, S. 154, 107th Gen. Assemb. (Tn. 2013) Tennessee Tennessee Code Annotated, Section 10-7-504, was amended in April 2013: (h) (1) Notwithstanding any other law to the contrary, those parts of the record identifying an individual or entity as a person or entity who or that has been or may in the future be directly involved in the process of executing a sentence of death shall be treated as confidential and shall not be open to public inspection. For the purposes of this section "person or entity" includes, but is not limited to, an employee of the state who has training related to direct involvement in the process of executing a sentence of death, a contractor or employee of a contractor, a volunteer who has direct involvement in the process of executing a sentence of death, or a person or entity involved in the procurement or provision of chemicals, equipment, supplies and other items for use in carrying out a sentence of death. Records made confidential by this section include, but are not limited to, records related to remuneration to a person or entity in connection with such person's or entity's participation in or preparation for the execution of a sentence of death. Such payments shall be made in accordance with a memorandum of understanding between the commissioner of correction and the commissioner of finance and administration in a manner that will protect the public identity of the recipients; provided, that, if a contractor is employed to participate in or prepare for the

execution of a sentence of death, the amount of the special payment made to such contractor pursuant to the contract shall be reported by the commissioner of correction to the comptroller of the treasury and such amount shall be a public record.