§ 15:570 — Execution; officials and witnesses; minors excluded; time of execution; notice to

Louisiana § 15:570

• Jurisdiction: Louisiana
• Title 15: Criminal Procedure

Text

§570. Execution; officials and witnesses; minors excluded; time of execution; notice to
victim's relatives
A. Every execution of the death sentence shall take place in the presence of:
(1) The warden of the Louisiana State Penitentiary at Angola, or a competent person
selected by him.
(2) The coroner of the parish of West Feliciana, or his deputy.
(3) A physician summoned by the warden of the Louisiana State Penitentiary at
Angola.
(4) A competent person selected by the warden of the Louisiana State Penitentiary
to carry out the authorized execution method.
(5) A spiritual advisor, if the convict so requests it.
(6) Other witnesses as determined by the secretary of the Department of Public
Safety and Corrections.
B. No person under the age of eighteen years shall be allowed within the execution
room during the time of execution.
C. Any person requested to be present at an execution pursuant to the provisions of
this Section, whether or not the person is employed by the Department of Public Safety and
Corrections, shall not be required to attend an execution. Refusal to attend an execution shall
not be used in any disciplinary action or negative job performance citation against any person
who refuses to attend or does not attend an execution.
D. Every sentence of death imposed in this state shall be executed between the hours
of 4:00 p.m. and 9:00 p.m upon the date set for the execution by the court of original
jurisdiction.
E.(1) The secretary of the Department of Public Safety and Corrections shall, at least
ten days prior to the execution, either give written notice or verbal notice, followed by
written notice placed in the United States mail within five days thereafter, of the date and
time of execution to the victim's parents, or guardian, spouse, and any adult children who
have indicated to the secretary that they desire such notice by registering with the Louisiana
Victim Outreach of the Department of Public Safety and Corrections. The secretary, in such
notice, shall give the named parties the option of attending the execution.
(2) The victim's parents or guardian, spouse, and any adult children who desire to
attend the execution shall, within three days of their receipt of the secretary's notification,
notify, either verbally or in writing, the secretary's office of their intention to attend. The
number of victim relationship witnesses may be limited to two. If more than two of the
aforementioned parties desire to attend the execution, then the secretary is authorized to
select, from the interested parties, the two victim relationship witnesses who will be
authorized to attend. In the case of multiple victim's families, the secretary shall determine
the number of witnesses, subject to the availability of appropriate physical space.
(3) In no event shall failure to give notice to the victim's parents, or guardian, spouse,
or any adult children have any effect as to execution of sentence.
F. Only the identities of those persons named in Paragraphs (A)(1), (2), (5), and (6)
of this Section shall be made public.
G. It is the intent of the legislature that the provisions of this Subsection shall be
construed to ensure the absolute confidentiality of the identifying information of any person,
business, organization, or other entity directly or indirectly involved in the execution of a
death sentence within this state. This confidentiality provision shall prevail over any
conflicting provision in state law related to public disclosure.
(1) Except as provided in Subsection F of this Section, the identity of any person
who participates in or performs ancillary functions in the execution process, including a
person or business that delivers, dispenses, distributes, supplies, manufactures, or compounds
the drugs, equivalent drug products, pharmacy-generated drugs, device drugs, medical
supplies, medical equipment, or other supplies or materials intended for use by the
Department of Public Safety and Corrections in the administration of an execution shall be
confidential and shall not be disclosed.
(2) Except as provided in Subsection F of this Section, information or records that
identify or could reasonably lead to the identification of any person who participates in or
performs ancillary functions in the execution process shall not be admissible as evidence nor
discoverable in any proceeding before any court, tribunal, board, agency, legislative
committee, or person. This shall include the information or records of any person or business
that delivers, dispenses, distributes, supplies, manufactures, or compounds the drugs,
equivalent drug products, pharmacy-generated drugs, device drugs, medical supplies, medical
equipment, or other supplies or materials intended for use by the Department of Public Safety
and Corrections in the administration of an execution.
H.(1) Except as provided in R.S. 15:569(E), no person, including an employee of the
Department of Public Safety and Corrections, shall disclose the identity or any information
leading to the identification of persons, businesses, organizations, or other entities specified
in Subsection G of this Section.
(2) Any person and his immediate family or an entity whose identity is disclosed in
violation of Paragraph (1) of this Subsection shall have a civil cause of action against the
person who disclosed the information and may recover actual damages and, upon a showing
of a willful violation of Paragraph (1) of this Subsection, may recover punitive damages.
(3) If any provision or item of this Subsection, or the application thereof, is held
invalid, such invalidity shall not affect other provisions, items, or applications of the
Subsection which can be given effect without the invalid provision, item, or application, and
to this end the provisions of this Subsection are hereby declared severable.
I. If a person, business, organization, or entity who participates in or performs
ancillary functions in an execution is licensed by a board, the licensing board shall not
suspend or revoke the license of such person, business, organization, or entity, or take any
disciplinary or other adverse action against the person, business, organization, or entity as
a result of participation in the execution.
J. The Department of Public Safety and Corrections shall make counseling services
available for any person identified in Subsections A and E of this Section who is involved
in the execution of a death sentence in this state.

Legislative History

Acts 1956, Ex. Sess., No. 18, §1; Acts 1972, No. 768, §6; Acts 1990, No. 717, §1; Acts 1997, No. 1260, §1; Acts 1999, No. 1149, §1; Acts 2002, 1st Ex. Sess., No. 145, §1; Acts 2003, No. 283, §1; Acts 2006, No. 31, §1; Acts 2010, No. 343, §1; Acts 2012, No. 172, §1; Acts 2014, No. 112, §1; Acts 2024, 2nd Ex. Sess., No. 5, §1, eff. July 1, 2024; Acts 2024, No. 576, §1; Acts 2025, No. 193, §1, eff. June 8, 2025.