546.720. Death penalty--manner of execution--execution team to be selected, members, confidentiality.

MISSOURI STATUTES AND CODES

546.720. Death penalty--manner of execution--execution team to be selected, members, confidentiality.

Death penalty--manner of execution--execution team to be selected,members, confidentiality.

546.720. 1. The manner of inflicting the punishment of death shallbe by the administration of lethal gas or by means of the administration oflethal injection. And for such purpose the director of the department ofcorrections is hereby authorized and directed to provide a suitable andefficient room or place, enclosed from public view, within the walls of acorrectional facility of the department of corrections, and the necessaryappliances for carrying into execution the death penalty by means of theadministration of lethal gas or by means of the administration of lethalinjection.

2. The director of the department of corrections shall select anexecution team which shall consist of those persons who administer lethalgas or lethal chemicals and those persons, such as medical personnel, whoprovide direct support for the administration of lethal gas or lethalchemicals. The identities of members of the execution team, as defined inthe execution protocol of the department of corrections, shall be keptconfidential. Notwithstanding any provision of law to the contrary, anyportion of a record that could identify a person as being a current orformer member of an execution team shall be privileged and shall not besubject to discovery, subpoena, or other means of legal compulsion fordisclosure to any person or entity, the remainder of such record shall notbe privileged or closed unless protected from disclosure by law. Thesection of an execution protocol that directly relates to theadministration of lethal gas or lethal chemicals is an open record, theremainder of any execution protocol of the department of corrections is aclosed record.

3. A person may not, without the approval of the director of thedepartment of corrections, knowingly disclose the identity of a current orformer member of an execution team or disclose a record knowing that itcould identify a person as being a current or former member of an executionteam. Any person whose identity is disclosed in violation of this sectionshall:

(1) Have a civil cause of action against a person who violates thissection;

(2) Be entitled to recover from any such person:

(a) Actual damages; and

(b) Punitive damages on a showing of a willful violation of thissection.

4. Notwithstanding any provision of law to the contrary, if a memberof the execution team is licensed by a board or department, the licensingboard or department shall not censure, reprimand, suspend, revoke, or takeany other disciplinary action against the person's license because of hisor her participation in a lawful execution. All members of the executionteam are entitled to coverage under the state legal expense fundestablished by section 105.711, RSMo, for conduct of such execution teammember arising out of and performed in connection with his or her officialduties on behalf of the state or any agency of the state, provided thatmoneys in this fund shall not be available for payment of claims underchapter 287, RSMo.