As Introduced

136th General Assembly

Regular Session H. B. No. 36

2025-2026

A BILL

To amend sections 2921.24, 2949.22, 2949.221, and 2949.25 of the Revised Code to add nitrogen hypoxia as a method of execution and to prohibit the disclosure of execution identifying information.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2921.24, 2949.22, 2949.221, and 2949.25 of the Revised Code be amended to read as follows:

Sec. 2921.24. (A) As used in this section:

(1) "Correctional employee" and "youth services employee" have the same meanings as in section 149.43 of the Revised Code.

(2) "Execution identifying information" has the same meaning as in section 2949.221 of the Revised Code.

(3) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.

(B) No officer or employee of a law enforcement agency or court, or of the office of the clerk of any court, shall disclose during the pendency of any criminal case the home address of any peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee who is a witness or arresting officer in the case.

~~(B)~~(C) Except as required by division (B)(4) of section 2949.221 or section 2949.222 of the Revised Code, no person shall recklessly disclose execution identifying information.

(D) Division ~~(A)~~ (B) of this section does not prohibit a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee from disclosing the peace officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, or youth services employee's own home address, and does not apply to any person who discloses the home address of a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee pursuant to a court-ordered disclosure under division ~~(C)~~ (E) of this section.

~~(C)~~ (E) The court in which any criminal case is pending may order the disclosure of the home address of any peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee who is a witness or arresting officer in the case, if the court determines after a written request for the disclosure that good cause exists for disclosing the home address of the peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee.

~~(D)~~ (F) Whoever violates ~~division (A) of~~ this section is guilty of disclosure of confidential information, a misdemeanor of the fourth degree.

~~(E) As used in this section:~~

~~(1) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.~~

~~(2) "Correctional employee" and "youth services employee" have the same meanings as in section 149.43 of the Revised Code.~~

Sec. 2949.22. (A) Except as provided in ~~division (C)~~ divisions (B), (C), and (E) of this section, a death sentence shall be executed by causing the application to the person, upon whom the sentence was imposed, of a lethal injection of a drug or combination of drugs of sufficient dosage to quickly and painlessly cause death. The application of the drug or combination of drugs shall be continued until the person is dead. The warden of the correctional institution in which the sentence is to be executed or another person selected by the director of rehabilitation and correction shall ensure that the death sentence is executed.

(B) Except as provided in division (E) of this section, a person upon whom a death sentence was imposed may elect to have the death sentence executed by lethal injection or by nitrogen hypoxia. The choice shall be made in writing and shall be submitted to the director of rehabilitation and correction one week prior to the day designated in division (D) of this section. If a person timely elects nitrogen hypoxia, the death sentence shall be executed by causing the application to the person, upon whom the sentence of death was imposed, of a lethal quantity of nitrogen gas of sufficient dosage to quickly cause death. The application of the nitrogen gas shall be continued until the person is dead. The warden of the correctional institution in which the sentence is to be executed or another person selected by the director of rehabilitation and correction shall ensure that the death sentence is executed.

(C)(1) Except as provided in division (C)(2) of this section, if a person does not timely elect nitrogen hypoxia, does not elect either nitrogen hypoxia or lethal injection, or elects lethal injection, the death penalty shall be executed by lethal injection pursuant to division (A) of this section.

(2) If, at the time a death sentence is to be executed, the death sentence cannot be executed by lethal injection, the death sentence shall be executed by nitrogen hypoxia, as if the person upon whom the death sentence was imposed had elected nitrogen hypoxia under division (B) of this section.

(D) A death sentence shall be executed within the walls of the state correctional institution designated by the director of rehabilitation and correction as the location for executions, within an enclosure to be prepared for that purpose, under the direction of the warden of the institution or, in the warden's absence, a deputy warden, and on the day designated by the judge passing sentence or otherwise designated by a court in the course of any appellate or postconviction proceedings. The enclosure shall exclude public view.

~~(C)~~ (E) If a person is sentenced to death, and if the execution of a death sentence by lethal injection or nitrogen hypoxia has been determined to be unconstitutional by the Ohio supreme court under the Ohio constitution, ~~the death sentence~~ or has been determined to be unconstitutional by the United States supreme court under the United States constitution, or if the United States supreme court declines to review any judgment holding a method of execution to be unconstitutional under the United States constitution made by the Ohio supreme court or the United States court of appeals that has jurisdiction over Ohio, then all persons sentenced to death shall be executed by using any different manner of execution prescribed by law subsequent to the effective date of this amendment instead of by causing the application to the person of a lethal injection of a drug or combination of drugs of sufficient dosage to quickly and painlessly cause death, provided that ~~the subsequently prescribed different manner of execution~~ has not been determined to be unconstitutional. The use of the ~~subsequently prescribed~~ different manner of execution shall be continued until the person is dead. The warden of the state correctional institution in which the sentence is to be executed or another person selected by the director of rehabilitation and correction shall ensure that the sentence of death is executed.

(D) No change in the law made by the amendment to this section that took effect on October 1, 1993, or by this amendment constitutes a declaration by or belief of the general assembly that execution of a death sentence by electrocution is a cruel and unusual punishment proscribed by (F) No sentence of death shall be reduced as a result of a determination that a method of execution is declared unconstitutional under the Ohio Constitution or the United States Constitution. In any case in which an execution method is declared unconstitutional, the death sentence remains in force until the sentence can be lawfully executed by any valid method of execution.

Sec. 2949.221. (A) As used in this section:

(1) "Person" has the same meaning as in section 1.59 of the Revised Code.

(2) "Licensing authority" means an entity, board, department, commission, association, or agency that issues a license to a person or entity.

(3) "Public office" has the same meaning as in section 117.01 of the Revised Code.

(4) "Execution identifying information" means any record or information that directly or indirectly reveals a name, residential or business address, residential or business telephone number, day and month of birth, social security number, or professional qualifications of:

(a) Any person who participates in or administers the execution of a death sentence;

(b) Any person that manufactures, compounds, imports, transports, distributes, prescribes, prepares, administers, or otherwise supplies any drugs or combination of drugs, active pharmaceutical ingredients, gas, or other material used in the execution of a death sentence, or any equipment used to administer any drugs or combination of drugs, active pharmaceutical ingredients, gas, or other material to any person during the execution of a death sentence.

(B) If, at any time prior to the day that is twenty-four months after the effective date of this section, a person manufactures, compounds, imports, transports, distributes, supplies, prescribes, prepares, administers, uses, or tests any of the compounding equipment or components, the active pharmaceutical ingredients, the drugs or combination of drugs, the medical supplies, or the medical equipment used in the application of a lethal injection of a drug or combination of drugs in the administration of a death sentence by lethal injection as provided for in division (A) of section 2949.22 of the Revised Code, notwithstanding Notwithstanding any provision of law to the contrary, all of the following apply regarding any information or record in the possession of any public office that ~~identifies or reasonably leads to the identification of the person and the person's participation in any activity described in this division~~contains execution identifying information:

(1) The information or record shall be classified as confidential, is privileged under law, and is not subject to disclosure by any person, state agency, governmental entity, board, or commission or any political subdivision as a public record under section 149.43 of the Revised Code or otherwise.

(2) The information or record shall not be subject to disclosure by or during any judicial proceeding, inquiry, or process, except as described in division (B)(4) of this section or in section 2949.222 of the Revised Code.

(3) The information or record shall not be subject to discovery, subpoena, or any other means of legal compulsion for disclosure to any person or entity, except as described in division (B)(4) of this section or in section 2949.222 of the Revised Code.

(4)(a) If the information or record pertains to the manufacture, compounding, importing, transportation, distribution, or supplying of any of the items or materials described in division (B) of this section, the person or entity that maintains the information or record shall disclose the information or record to the Ohio ethics commission and the commission may use the information or record, subject to division (B)(1) of this section, only to confirm the following:

(i) That the relationship between the person and the department of rehabilitation and correction is consistent with and complies with the ethics laws of this state;

(ii) That at the time of the specified conduct, the person has all licenses required under the laws of this state to engage in that conduct and the licenses are valid.

(b) If the Ohio ethics commission receives any information or record pursuant to division (B)(4)(a) of this section, the commission shall complete its use of the information or record for the purposes described in that division within fourteen days of its receipt and shall promptly report its findings to the director of rehabilitation and correction.

(C)(1) If~~, at any time prior to the day that is twenty-four months after the effective date of this section,~~ an employee or former employee of the department of rehabilitation and correction or any other individual selected or designated by the director of the department participates or participated in the administration of a sentence of death ~~by lethal injection~~, as provided for in ~~division (A) of~~ section 2949.22 of the Revised Code, subject to division (C)(2) of this section and notwithstanding any other provision of law to the contrary, the protections and limitations specified in divisions (B)(1), (2), and (3) of this section shall apply regarding any information or record in the possession of any public office that identifies or reasonably leads to the identification of the employee, former employee, or other individual and the employee's, former employee's, or individual's participation in the administration of the sentence of death ~~by lethal injection~~ described in this division.

(2) Division (C)(1) of this section does not apply with respect to information or a record that identifies or reasonably leads to the identification of the director of rehabilitation and correction or the warden of the state correctional institution in which the administration of the sentence of death takes place.

(D) The protections and limitations specified in divisions (B)(1), (2), and (3) of this section regarding information and records that identify or may reasonably lead to the identification of a person described in ~~divisions~~ division (B) or (C) of this section and the person's participation in any activity described in the particular division are rights that shall be recognized as follows:

(1) With respect to a person that is an individual, without any requirement for the person to take any action or specifically apply for recognition of such rights.;

(2) With respect to a person that is not an individual, the rights do not exist unless the person requests to have the rights recognized by applying in writing to the director of rehabilitation and correction.

The director of rehabilitation and correction by rule shall establish the procedure according to which a person who is not an individual may apply in writing for the rights described in divisions (B)(1), (2), and (3) of this section. The director shall approve an application that is submitted in compliance with the rules. A person whose application is approved is entitled to the rights for twenty years after the person ceases the qualifying activity as contemplated by the first paragraph of division (B) of this section. The director shall notify any person, who is not an individual and who is entitled to the rights, of the application procedures.

(E) If a person or entity that~~, at any time prior to the day that is twenty-four months after the effective date of this section,~~ participates in, consults regarding, performs any function with respect to, including any activity described in division (B) of this section, or provides any expert opinion testimony regarding an execution ~~by lethal injection~~ conducted in accordance with ~~division (A) of~~ section 2949.22 of the Revised Code is licensed by a licensing authority, notwithstanding any provision of law to the contrary, the licensing authority shall not do any of the following as a result of that participation, consultation, performance, activity, or testimony by the person or entity:

(1) Challenge, reprimand, suspend, or revoke the person's or entity's license;

(2) Take any disciplinary action against the person or entity or the person's or entity's licensure.

(F) A person may not, without the approval of the director of rehabilitation and correction, knowingly disclose the identity and participation in an activity described in the particular division of any person to whom division (B) of this section applies and that is made confidential, privileged, and not subject to disclosure under that division or of an employee, former employee, or other individual to whom division (C)(1) of this section applies and that is made confidential, privileged, and not subject to disclosure under that division. Any person, employee, former employee, or individual whose identity and participation in a specified activity is disclosed in violation of this division has a civil cause of action against any person who discloses the identity and participation in the activity in violation of this division. In a civil action brought under this division, the plaintiff is entitled to recover from the defendant actual damages, punitive or exemplary damages upon a showing of a willful violation of this division, and reasonable attorney's fees and court costs.

(G) If division (B), (C), or (D) of this section applies to a person with respect to any conduct or activity of the person occurring at a time prior to the day that is twenty-four months after the effective date of this section, the expiration of that twenty-four-month period does not affect, add to, or diminish the protections and limitations specified in division (B) or (C), division (D), and division (E) of this section with respect to their application to that person.

Sec. 2949.25. (A) At the execution of a death sentence, only the following persons may be present:

(1) The warden of the state correctional institution in which the sentence is executed or a deputy warden, any other person selected by the director of rehabilitation and correction to ensure that the death sentence is executed, any persons necessary to execute the death sentence by lethal injection or nitrogen hypoxia, and the number of correction officers that the warden thinks necessary;

(2) The sheriff of the county in which the prisoner was tried and convicted;

(3) The director of rehabilitation and correction, or the director's agent;

(4) Physicians of the state correctional institution in which the sentence is executed;

(5) The clergyperson in attendance upon the prisoner, and not more than three other persons, to be designated by the prisoner, who are not confined in any state institution;

(6) Not more than three persons to be designated by the immediate family of the victim;

(7) Representatives of the news media as authorized by the director of rehabilitation and correction.

(B) The director shall authorize at least one representative of a newspaper, at least one representative of a television station, and at least one representative of a radio station to be present at the execution of the sentence under division (A)(7) of this section.

Section 2. That existing sections 2921.24, 2949.22, 2949.221, and 2949.25 of the Revised Code are hereby repealed.