Missouri Revised Statutes













Chapter 546

Trials, Judgments and Executions in Criminal Cases

←546.710

Section 546.720.1

546.730→

August 28, 2015

Death penalty--manner of execution--execution team to be selected, members, confidentiality.

546.720. 1. The manner of inflicting the punishment of death shall be by

the administration of lethal gas or by means of the administration of lethal

injection. And for such purpose the director of the department of

corrections is hereby authorized and directed to provide a suitable and

efficient room or place, enclosed from public view, within the walls of a

correctional facility of the department of corrections, and the necessary

appliances for carrying into execution the death penalty by means of the

administration of lethal gas or by means of the administration of lethal

injection.



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.



4. Notwithstanding any provision of law to the contrary, if a member of

the execution team is licensed by a board or department, the licensing board

or department shall not censure, reprimand, suspend, revoke, or take any other

disciplinary action against the person's license because of his or her

participation in a lawful execution. All members of the execution team are

entitled to coverage under the state legal expense fund established by

section 105.711 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 or any agency of the state, provided that moneys in this fund shall not

be available for payment of claims under chapter 287.



(RSMo 1939 § 4112, A.L. 1988 H.B. 1340 & 1348, A.L. 1990 H.B. 974,

A.L. 2007 H.B. 820)



(2015) Confidentiality of execution team members does not constitute a

content-based restriction on access to information that merits

strict scrutiny under First Amendment. Zink v. Lombardi, 783

F.3d 1089 (8th Cir.).



(2015) Director of Department of Corrections has some connection with

enforcement of section and thus Ex parte Young exception to

Eleventh Amendment immunity applies to permit suit against such

officer. American Civil Liberties Union of Missouri v. Lombardi,

59 F.Supp.3d 954 (W.D.Mo.).





1991



1991



546.720. The manner of inflicting the punishment of death

shall be by the administration of lethal gas or by means of the

administration of lethal injection. And for such purpose the

director of the department of corrections is hereby authorized

and directed to provide a suitable and efficient room or place,

enclosed from public view, within the walls of a correctional

facility of the department of corrections, and the necessary

appliances for carrying into execution the death penalty by means

of the administration of lethal gas or by means of the

administration of lethal injection.



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