AN ACT to amend Tennessee Code Annotated, Title 40, relative to the death penalty.
Summary
SB 491 amends Tennessee’s death penalty statute to specify that, for purposes of carrying out a sentence of death, a lethal injection protocol may include the use of pharmaceutical fentanyl. The bill does not require fentanyl to be used; rather, it authorizes it as one possible component of an execution protocol under Tennessee Code Annotated, Section 40-23-114.
The measure is narrowly focused on execution methods and does not alter who may receive a death sentence, the crimes eligible for capital punishment, or the broader procedures governing criminal sentencing. It also includes an immediate effective date for rulemaking purposes, while taking effect for all other purposes on July 1, 2025.
Impact
The bill would amend Tennessee’s death penalty laws by expanding the list of permissible substances that may be used in lethal injection protocols to include pharmaceutical fentanyl. This affects the state’s execution procedures and the Department of Correction or other responsible agencies that promulgate and carry out execution rules, but it does not change substantive criminal law beyond the method of execution.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate, support, or opposition in the available record. Based on the bill text alone, the measure appears technical and administrative in form, though any proposal involving the death penalty and lethal injection methods is typically likely to draw strong views from both supporters of capital punishment and opponents concerned about execution practices.
Contention
The main point of contention is likely the authorization of pharmaceutical fentanyl in lethal injection protocols. Supporters may view the bill as providing an additional execution drug option amid difficulties obtaining traditional lethal injection drugs, while opponents may object on ethical, legal, or practical grounds related to the death penalty, the use of opioids in executions, and the risk of botched procedures. Because no hearing or vote record is included, the specific positions of legislators or stakeholders are not documented here.