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Committee approves adding firing squad and nitrogen hypoxia as options despite fierce opposition

Indiana House Criminal Code Committee · January 21, 2026

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Summary

Representative Lucas's bill would permit courts and the Department of Correction to use alternatives to lethal injection, including firing squads and nitrogen hypoxia; the measure drew sustained opposition from public defenders, the Catholic Conference and the ACLU, which raised cruelty, secrecy and constitutional concerns. The committee passed the bill 8–5.

Representative Lucas presented an amended House Bill 11‑19 expanding statutory execution methods to include firing squads and nitrogen hypoxia and adding a conscience‑clause amendment for execution team members. Lucas told the committee the bill simply provides options the Department of Correction may use given supply challenges for lethal‑injection drugs.

Opponents gave extended testimony. Zach Stock of the Indiana Public Defender Council called the bill “a solution in search of a problem,” saying it would invite constitutional litigation and would do little to address the underlying fiscal drivers of capital cases. Roark LeCorsier of the Indiana Catholic Conference said the methods are inconsistent with a culture that values human dignity and warned of the psychological harms to staff. Samantha Bresnahan of ACLU of Indiana argued the bill would expand secrecy around protocols for executions, citing the January 2024 Alabama nitrogen‑gas execution and media reports of prolonged distress. “There is no scientific evidence supporting nitrogen gas for executing people,” she said, and warned courts and the public would be deprived of information needed to evaluate whether the methods are lawful.

Committee debate reflected the split: several members said they could not support expanding methods for carrying out the death penalty; others said the bill addresses operational challenges and preserves existing death‑penalty authority. The committee passed the bill on a roll call, 8–5.