Senate Amendment 9
S 120 - Session 125 (2023-2024)
Executions

Senator McElveen proposes the following amendment (SMIN-120.AA0034S):

Amend the bill, as and if amended, SECTION 1, by striking Section 24-3-580(B) and inserting:

(B) Notwithstanding any other provision of law, any identifying information of a person or entity that participates in the planning or administration of the execution of a death sentence shall be confidential. A court, upon a showing of good cause, may order discovery relating to the execution team and administration of the death sentence. Records released by the department pursuant to this subsection shall be accompanied by an order of protection issued by a circuit court judge to ensure the confidentiality of the records. The order of protection may make any order as justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense and may provide one or more of the following stipulations:

(1) the records shall not be reproduced except as authorized by court order;

(2) the records shall be viewed or disclosed only on specified terms and conditions;

(3) the records shall be sealed and only opened by court order;

(4) the order shall be applicable to all parties, their counsel, and any agent or representative of a party; and

(5) the records released pursuant to the order of protection shall be returned to the court upon completion of the matter that caused the production of the records.

A person who fails to obey an order of protection issued under this subsection shall be found in contempt of court.