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Oklahoma Senate Unanimously Passes House Nitrogen Bill

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We noted earlier (here and here) that both houses of the Oklahoma Legislature had passed their own versions of a bill to establish nitrogen hypoxia as an alternate method of execution if lethal injection is unavailable.  The Senate today unanimously passed the House version, HB 1879, and it goes to the governor.

The bill does not give the inmates the option to choose this method if lethal injection is available.  That would have been useful in demonstrating the superiority of the method.  I would not be surprised to see many inmates choose it if they had the option.  Depending on how it is set up, it could be a more dignified way to make one's exit.

The bill takes effect November 1.  The general constitutional rule for effective dates in Oklahoma is 90 days from the adjournment of the session (§V-58), which is scheduled to be no later than May 29.  The author built in a couple of extra months.  That was probably to give the Department of Corrections time to get the method ready.

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