Alabama Legislature gives final approval to nitrogen execution bill

The Alabama House of Representatives on Tuesday gave final approval to legislation that would allow condemned inmates to choose execution by nitrogen. 

The bill, sponsored by Sen. Trip Pittman, R-Montrose, passed the chamber on a 75 to 23 vote after a very brief floor debate. It goes to Gov. Kay Ivey. 

If signed, Alabama would be the third state to employ the method. Oklahoma, which has not executed anyone in three years, plans to use nitrogen hypoxia as its primary method. Mississippi, which once used the gas chamber in executions, offers nitrogen hypoxia as an alternative.

Nitrogen hypoxia involves removing the oxygen from the atmosphere around a condemned inmate, though it is unclear how such an execution would be carried out.  Supporters have suggested various methods, ranging from a sealed chamber to a mask placed on a condemned inmate secured in a chair. 

The Alabama Department of Corrections referred questions Tuesday to the Alabama Attorney General's office. A message seeking comment was sent to the attorney general's office Tuesday evening.

Rep. Jim Hill, R-Moody, who handled the bill in the House, suggested that its use in assisted suicide showed it could lead to a peaceful death. 

“There is no evidence that indicated substantial physical discomfort,” he said.

In animal euthanasia, the American Veterinary Medical Association only recommends the use of nitrogen hypoxia on small creatures like birds and says larger animals should get a sedative if they face nitrogen hypoxia.

Alabama has used lethal injection as its primary method of execution since 2002. Lethal injection would remain the default method of execution. A condemned inmate would have to send written notice to a warden after their death sentence was upheld by the Alabama Supreme Court to die by nitrogen. 

Like other states, Alabama has encountered challenges securing the drugs used in lethal injection. Many manufacturers have withdrawn drugs used in executions or protested over their products use in capital punishment. The state also faces legal battles over the use of sedative midazolam, which has been present in botched executions around the country.

The bill says execution by nitrogen would become the state’s primary method of capital punishment if lethal injection “is declared unconstitutional or otherwise becomes unavailable.”

Rep. Laura Hall, D-Huntsville, called the nitrogen hypoxia “basically suffocating.”

“What’s going to make this (method) better than the other ones we have?” Hall asked Hill.

“I can’t answer that better than you can, Ms. Hall,” Hill replied. 

The Montgomery delegation split down partisan lines over the bill. Democratic Reps. John Knight and Thad McClammy of Montgomery and Kelvin Lawrence of Hayneville voted against the bill. Republican Reps. Reed Ingram of Pike Road; Dimitri Polizos of Montgomery and Chris Sells of Greenville voted for it. Rep. Alvin Holmes, D-Montgomery, was not listed as voting. 

A message seeking comment was sent to the Alabama Department of Corrections Tuesday evening. Daniel Sparkman, a spokesman for Ivey, said Tuesday the governor would review the bill before deciding whether to sign it.