Death penalty; revise how the options are chosen and require cost efficient consideration.

H. B. No. 825 *HR43/R490* ~ OFFICIAL ~ G1/2
26/HR43/R490
PAGE 1 (GT\KP)

To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Keen, Harris, Kinkade

HOUSE BILL NO. 825

AN ACT TO AMEND SECTION 99-19-51, MISSISSIPPI CODE OF 1972, 1
TO REVISE THE OFFICIALS CHARGED WITH DECIDING THE OPTIONS FOR THE 2
DEATH PENALTY; TO AMEND SECTION 99-19-53, MISSISSIPPI CODE OF 3
1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD 4
SECTION 99-19-55, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE 5
TIME FOR IMPOSING THE DEATH PENALTY; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 99-19-51, Mississippi Code of 1972, is 8
amended as follows: 9
99-19-51. (1) At the discretion of the Commissioner, the 10
Deputy Commissioner for Finance and Administration * * *, the 11
Deputy Commissioner for Institutions of the Mississippi Department 12
of Corrections, the Commissioner of the Department of Public 13
Safety and the district attorney of the county in which the 14
conviction occurred by majority vote of those present the manner 15
of inflicting the punishment of death shall be by one of the 16
following: (a) intravenous injection of a substance or substances 17
in a lethal quantity into the body; (b) nitrogen hypoxia; (c) 18
electrocution; or (d) firing squad, until death is pronounced by 19
the county coroner where the execution takes place or by a 20
H. B. No. 825 *HR43/R490* ~ OFFICIAL ~
26/HR43/R490
PAGE 2 (GT\KP)

licensed physician according to accepted standards of medical 21
practice. The cost of each option shall be weighed when making 22
the decision, and the most cost efficient option shall be a 23
deciding factor. Upon receipt of the warrant of execution from 24
the Mississippi Supreme Court, the Commissioner of Corrections 25
shall, within seven (7) days, provide written notice to the 26
condemned person of the manner of execution. It is the policy of 27
the State of Mississippi that intravenous injection of a substance 28
or substances in a lethal quantity into the body shall be the 29
preferred method of execution. 30
(2) The Commissioner of Corrections has the authority and 31
discretion to select and obtain the substances and the means 32
necessary to carry out an execution, and may adopt and promulgate 33
rules and regulations as the Commissioner deems necessary to 34
administer and implement the provisions of this section. 35
(3) (a) The Commissioner of Corrections shall select an 36
execution team to assist the State Executioner and his deputies. 37
The execution team shall consist of those persons, including all 38
medical personnel, who provide direct support for the 39
administration of lethal chemicals, those individuals involved in 40
assisting in the execution in any capacity and those personnel 41
assigned to specific duties related to an execution. 42
(b) For the purposes of this section, "supplier of 43
lethal injection chemicals" means a supplier or suppliers of 44
H. B. No. 825 *HR43/R490* ~ OFFICIAL ~
26/HR43/R490
PAGE 3 (GT\KP)

lethal injection chemicals located within the State of 45
Mississippi. 46
(c) The identities of the State Executioner and his 47
deputies, all members of the execution team, a supplier of lethal 48
injection chemicals, and those witnesses listed in Section 49
99-19-55(2) who attend as members of the victim's family or 50
designated by the condemned person shall at all times remain 51
confidential, and the information is exempt from disclosure under 52
the provisions of the Mississippi Public Records Act of 1983. 53
(4) Notwithstanding any provision of law to the contrary, 54
any portion of any record of any kind that could identify a person 55
as being a current or former State Executioner, his or her 56
deputies, a member of an execution team, a current or former 57
supplier of lethal injection chemicals, or those witnesses listed 58
in Section 99-19-55(2) who attend as members of the victim's 59
family or designated by the condemned person, shall at all times 60
be confidential, exempt, and protected from disclosure, but the 61
remainder of the record shall not be protected unless otherwise 62
provided by law. A court shall preserve the secrecy of all 63
confidential and exempt information described in this section by 64
reasonable means, which may include granting protective orders, 65
holding in-camera hearings, sealing the records of the action, and 66
ordering any person involved in the litigation not to disclose 67
such information without prior court approval. 68
H. B. No. 825 *HR43/R490* ~ OFFICIAL ~
26/HR43/R490
PAGE 4 (GT\KP)

(5) Notwithstanding any provision of law to the contrary, if 69
the State Executioner, his or her deputies, a member of the 70
execution team or supplier of lethal injection chemicals is 71
licensed by a board or department, the licensing board or 72
department shall not censure, reprimand, suspend, revoke, or take 73
any other disciplinary action against the person's license because 74
the person participated in a lawful execution. Any person or 75
institution assisting with or participating in carrying out an 76
execution in accordance with this statute shall be presumed to be 77
acting in good faith. Any person or institution acting in good 78
faith in connection with carrying out an execution shall be immune 79
from any liability, civil or criminal, that might otherwise be 80
incurred or imposed. The State Executioner and his deputies, and 81
all members of the execution team perform their respective 82
functions as official duties on behalf of the state or any agency 83
of the state. 84
SECTION 2. Section 99-19-53, Mississippi Code of 1972, is 85
amended as follows: 86
99-19-53. (1) The Governor shall appoint the State 87
Executioner who shall serve at the pleasure of the Governor and 88
until his successor shall have been duly appointed to replace him. 89
(2) The State Executioner, or his duly authorized 90
representative, shall supervise and inflict the punishment of 91
death as the same is hereby provided if this option is chosen as 92
the most cost efficient to the state. All duties and necessary 93
H. B. No. 825 *HR43/R490* ~ OFFICIAL ~
26/HR43/R490
PAGE 5 (GT\KP)

acts pertaining to the execution of a convict shall be performed 94
by the Commissioner of Corrections except where such duties and 95
actions are vested in the State Executioner and except as 96
otherwise provided in Section 99-19-51. The State Executioner 97
shall receive for his services in connection therewith 98
compensation in the sum of Five Hundred Dollars ($500.00) plus all 99
actual and necessary expenses for each such execution, to be paid 100
by the county where the crime was committed. The county of 101
conviction shall likewise pay the fees of the attending physician 102
or physicians in attendance. The State Executioner may appoint 103
not more than two (2) deputies who shall be paid One Hundred Fifty 104
Dollars ($150.00) per execution and mileage as authorized by law, 105
to be paid by the county where the crime was committed, to assist 106
in the infliction of the punishment of death. The Executioner may 107
appoint such other assistants as may be required; however, such 108
assistants shall not be entitled to compensation or travel 109
expenses. The State Executioner and his deputies may waive 110
compensation, per diem or travel expenses. 111
(3) Any infliction of the punishment of death by 112
administration of the required lethal substance or substances in 113
the manner required by law shall not be construed to be the 114
practice of medicine or nursing. Any pharmacist is authorized to 115
dispense drugs to the State Executioner or the Commissioner of the 116
Mississippi Department of Corrections without a prescription for 117
the purpose of this chapter. 118
H. B. No. 825 *HR43/R490* ~ OFFICIAL ~
26/HR43/R490
PAGE 6 (GT\KP)

(4) The State Executioner shall be custodian of all 119
equipment and supplies involved in the infliction of the death 120
penalty. All expenses for the maintenance and protection of the 121
property, together with operating expenses, which as a practical 122
matter cannot be allocated to the county of conviction, shall be 123
paid out of funds designated by law for that purpose or out of the 124
general support fund of the Mississippi Department of Corrections. 125
(5) The State Executioner shall receive the per diem 126
compensation authorized in Section 25-3-69 in addition to actual 127
and necessary expenses, including mileage as authorized by law, 128
for each day, not to exceed three (3) days each month, spent in 129
maintaining the equipment and supplies involved in the infliction 130
of the death penalty or preparing for an execution which does not 131
occur. Such payments shall be paid out of funds designated by law 132
for that purpose or out of the general support fund of the 133
Mississippi Department of Corrections. 134
SECTION 3. Section 99-19-55, Mississippi Code of 1972, is 135
brought forward as follows: 136
99-19-55. (1) Whenever any person shall be condemned to 137
suffer death for any crime for which such person shall have been 138
convicted in any court of any county of this state, such 139
punishment shall be inflicted at 6:00 p.m. or as soon as possible 140
thereafter within the next twenty-four (24) hours at an 141
appropriate place designated by the Commissioner of the 142
Mississippi Department of Corrections. All male persons convicted 143
H. B. No. 825 *HR43/R490* ~ OFFICIAL ~
26/HR43/R490
PAGE 7 (GT\KP)

of a capital offense wherein the death sentence has been imposed 144
shall be immediately committed to the Department of Corrections 145
and transported to the maximum security cell block. All female 146
persons convicted of a capital offense wherein the death sentence 147
has been imposed shall be immediately committed to the Department 148
of Corrections and housed in an appropriate facility designated by 149
the Commissioner of the Mississippi Department of Corrections. 150
Upon final affirmance of the conviction, the punishment shall be 151
imposed in the manner provided by law. The State Executioner or 152
his duly authorized deputy shall supervise and perform such 153
execution. 154
(2) When a person is sentenced to suffer death in the manner 155
provided by law, it shall be the duty of the clerk of the court to 156
deliver forthwith to the Commissioner of Corrections a warrant for 157
the execution of the condemned person. It shall be the duty of 158
the commissioner forthwith to notify the State Executioner of the 159
date of the execution and it shall be the duty of the said State 160
Executioner, or any person deputized by him in writing, in the 161
event of his physical disability, as hereinafter provided, to be 162
present at such execution, to perform the same, and have general 163
supervision over said execution. In addition to the above 164
designated persons, the Commissioner of Corrections shall secure 165
the presence at such execution of the sheriff, or his deputy, of 166
the county of conviction, at least one (1) but not more than two 167
(2) physicians or the county coroner where the execution takes 168
H. B. No. 825 *HR43/R490* ~ OFFICIAL ~
26/HR43/R490
PAGE 8 (GT\KP)

place, and bona fide members of the press, not to exceed eight (8) 169
in number, and at the request of the condemned, such ministers of 170
the gospel, not exceeding two (2), as said condemned person shall 171
name. The Commissioner of Corrections shall also name to be 172
present at the execution such members of the execution team deemed 173
by him or her to be necessary to insure proper security. No other 174
persons shall be permitted to witness the execution, except the 175
commissioner may permit the condemned person to designate two (2) 176
witnesses, if they so request and two (2) members of the victim's 177
family as witnesses, if they so request. Provided further, that 178
the Governor may designate two (2) additional persons of good and 179
reputable character to witness an execution. No person shall be 180
allowed to take photographs or other recordings of any type during 181
the execution. The absence of the sheriff, or deputy, after due 182
notice to attend, shall not delay the execution. 183
(3) The Commissioner of Corrections, or his duly authorized 184
representative, and the physician or physicians or county coroner 185
who witnessed such execution shall prepare and sign officially a 186
certificate setting forth the time and place thereof and that such 187
condemned person was then and there executed in conformity to the 188
sentence of the court and the provisions of Sections 99-19-51 189
through 99-19-55, which certificate shall be filed with the clerk 190
of the court where the conviction of the criminal was had, and the 191
clerk shall subjoin the certificate to the record of the 192
conviction and sentence. 193
H. B. No. 825 *HR43/R490* ~ OFFICIAL ~
26/HR43/R490
PAGE 9 (GT\KP)
ST: Death penalty; revise how the options are
chosen and require cost efficient consideration.
(4) The body of the person so executed shall be released 194
immediately by the State Executioner, or his duly authorized 195
representative, to the relatives of the dead person, or to such 196
friends as may claim the body. The Commissioner of the 197
Mississippi Department of Corrections shall have sole charge of 198
burial in the event the body is not claimed as aforesaid, and his 199
discretion in the premises shall be final. The Commissioner may 200
donate the unclaimed body of an executed person to the University 201
of Mississippi Medical Center for scientific purposes. The county 202
of conviction shall bear the reasonable expense of burial in the 203
event the body is not claimed by relatives or friends or donated 204
to the University of Mississippi Medical Center. 205
SECTION 4. This act shall take effect and be in force from 206
and after July 1, 2026. 207