§ 35-38-6-1 — Execution of death sentence; specified time and date; executioner; lethal injection

(a) The punishment of death shall be inflicted
by intravenous injection of a lethal substance or substances into the
convicted person:
(1) in a quantity sufficient to cause the death of the convicted
person; and
(2) until the convicted person is dead.
(b) The death penalty shall be inflicted before the hour of sunrise on
a date fixed by the sentencing court. However, the execution must not
occur until at least one hundred (100) days after the conviction.
(c) The warden of the state prison, or persons designated by the
warden, shall designate the person who is to serve as the executioner.
(d) The department of correction may adopt rules under IC 4-22-2
necessary to implement subsection (a).
(e) The department of correction may make and enter into a contract
with an outsourcing facility, a wholesale drug distributor (as defined in
IC 25-26-14-12), a pharmacy (as defined in IC 25-26-13-2), or a
pharmacist (as defined in IC 25-26-13-2) for the issuance or
compounding of a lethal substance necessary to carry out an execution
by lethal injection. A lethal substance provided to the department of
correction under this subsection may be used only for the purpose of
carrying out an execution by lethal injection. The issuance or
compounding of a lethal substance under this subsection:
(1) does not constitute the practice of pharmacy (as defined in IC 25-26-13-2);
(2) is not subject to the jurisdiction of the Indiana board of
pharmacy, the medical licensing board of Indiana, the Indiana
department of health, or the Indiana professional licensing
agency; and
(3) is exempt from the provisions of IC 25.
A pharmacist, a pharmacy, a wholesale drug distributor, or an
outsourcing facility that provides a lethal substance to the department
of correction under this subsection shall label the lethal substance with
the name of the lethal substance, its dosage, a projected expiration date,
and a statement that the lethal substance shall be used only by the
department of correction for the purpose of carrying out an execution
by lethal injection.
(f) The following are confidential, are not subject to discovery, and
may not be introduced as evidence in any civil or criminal proceeding:
(1) The identity of a person described in subsection (e) that enters
into a contract with the department of correction under subsection
(e) for the issuance or compounding of lethal substances
necessary to carry out an execution by lethal injection.
(2) The identity of an officer, an employee, or a contractor of a
person described in subdivision (1).
(3) The identity of a person contracted by a person described in
subdivision (1) to obtain equipment or a substance to facilitate the
compounding of a lethal substance described in subsection (e).
(4) Information reasonably calculated to lead to the identity of a
person described in this subsection, including a:
(A) name;
(B) residential or business address;
(C) residential or office telephone number; and
(D) Social Security number or tax identification number.
This subsection applies retroactively to any request for information,
discovery request, or proceeding, no matter when made or initiated.

Legislative History

As added by P.L.311-1983, SEC.3. Amended by P.L.294-1995, SEC.1; P.L.20-2002, SEC.1; P.L.217-2017, SEC.158; P.L.67-2017, SEC.15; P.L.86-2018, SEC.334; P.L.56-2023, SEC.322.