AL SB11

Persons sentenced to death after the bill's effective date must be executed by electrocution if lethal injection is held unconstitutional by a court or if essential lethal injection ingredients become unavailable through no fault of the Department of Corrections.

Existing law allowing persons sentenced to death to affirmatively elect electrocution as their execution method is preserved, with deadlines and procedures remaining unchanged.

If either electrocution or lethal injection is ruled unconstitutional, all death row inmates shall be executed by any constitutional method of execution available.

The bill adopts the holding in Malloy v. South Carolina (1915) that changing execution methods does not violate the Ex Post Facto Clause and does not constitute cruel punishment or modify the death penalty.

The act becomes effective on the first day of the third month following passage and approval by the Governor.