Ohio lawmakers considering law to allow execution by nitrogen hypoxia

COLUMBUS, Ohio (WCMH) — A bill that would allow a type of lethal gas for executions for inmates on death row had its first hearing at the Ohio Statehouse today.

“This is the law, and we haven’t upheld the law in eight years,” Representative Phil Plummer (R-Dayton) said. “And it’s time we start enforcing the law that elected officials have already voted on.”

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House Bill 392 is sponsored by Representatives Plummer and Brian Stewart (R-Ashville). It would authorize the use of nitrogen hypoxia, a form of lethal gas, for inmates on death row in Ohio.

“Death is the ultimate punishment,” Stewart said. “I believe it should be rare, I believe it should be very rare, and it is in Ohio. But I do believe it should be an available option for those truly heinous crimes.”

The proposed bill has already been met with pushback. Opposition said it is an inhumane piece of legislation.

“If we are going to use gas which frankly our veterinarians won’t use on animals, why would we use that on human beings,” Representative Michele Grim (D-Toledo) said.

“In a Democratic society that’s supposed to be evolved in 2024, the fact that we’re still talking about how to execute people I think is very sad,” Ohio Senate Minority Leader Nickie Antonio (D-Lakewood) said.

Right now, the state has 120 inmates on death row. Since Gov. Mike DeWine took office in 2018, there has not been a single execution. DeWine, in part, cites the inability to get the necessary drugs to carry out the executions. The bill’s sponsors said they take issue with that and are trying to provide a solution.

“We cannot continue to just kick the can down the road and unilaterally say ‘we are going to disregard what these juries have done,’” Stewart said. “If there is this claimed, ‘inability to get access’ to lethal injection drugs, then we need to find another avenue.”

Stewart said using nitrogen hypoxia is the “trend across the country.” He said a total of eight states currently authorize the use of lethal gas. Of those eight states, Alabama, Oklahoma, Mississippi, and Louisiana expressly allow nitrogen hypoxia to be used for executions.

“You want Ohio to join that quartet of enlightened thought,” Representative Richard Brown (D-Canal Winchester) asked Stewart.

“I wouldn’t have introduced the bill if I didn’t support the policy,” Stewart said.

There are currently two bipartisan bills to abolish the death penalty being heard in the statehouse.

“They don’t end up going anywhere,” Stewart said. “Why? Because they don’t actually have the majority of support inside the general assembly. What does have majority support is capital punishment, because otherwise we would have abolished it a long time ago.”

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“The governor has basically had an informal moratorium on the death penalty since he has been in office,” Antonio said. “I do believe there are other ways to deal with the death penalty, like ending it, rather than try these methods.”

The bill’s sponsors say they believe this legislation would survive any kind of constitutional challenge. In addition to support from the attorney general and the Ohio Prosecuting Attorneys’ Association, Stewart said he believes the bill has support within the Ohio House Republican caucus to pass.

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