COLUMBUS, OH – State Representative Brian Stewart (R-Ashville) has introduced new legislation aimed at expanding the methods of carrying out capital punishment in Ohio. The bill would authorize the use of nitrogen hypoxia as an alternative to lethal injection, to be used whenever lethal injection drugs are unavailable.
This proposed legislation comes in response to challenges in executing capital sentences due to a reported shortage of the drugs required for lethal injections. Currently, eight states permit the use of lethal gas in executions, with four of them—Alabama, Louisiana, Mississippi, and Oklahoma—specifically allowing nitrogen hypoxia.
“Nitrogen hypoxia is a proven, humane alternative for capital punishment, as demonstrated in other states,” Stewart said. “Federal court filings have acknowledged that offenders executed by nitrogen hypoxia would be rendered unconscious quickly and painlessly, followed swiftly by death.”
Restoring Confidentiality Protections for Drug Suppliers
In addition to authorizing nitrogen hypoxia, the bill also seeks to restore the confidentiality protections for manufacturers and suppliers of lethal injection drugs, which expired due to a sunset clause in the Ohio Revised Code (ORC). These protections would shield drug suppliers from having to disclose their identities.
“As long as capital punishment remains the law in Ohio, we must ensure that it is executed,” Stewart added. “Providing an alternative method for carrying out capital sentences is crucial for justice and for offering victims’ families the closure they deserve after heinous crimes.”
Support from State Officials
The bill has garnered support from several key figures, including Ohio Attorney General Dave Yost and Lou Tobin, executive director of the Ohio Prosecuting Attorneys Association.
“No criminal penalty—capital or otherwise—should carry an empty promise of justice,” said Yost. “It’s time to break the impasse and provide a path forward that ensures accountability for the most heinous offenders, while also allowing victim families to finally find closure.”
Next Steps
The legislation is still in its early stages and awaits a bill number and committee assignment before it can proceed through the legislative process. If passed, the bill would provide Ohio with an alternative means of executing capital sentences, aiming to address the growing challenges faced by the state’s current system.
