2018 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 90 - Judgment and Sentence Generally
Subchapter 5 - Execution of Sentence -- Death Penalty
§ 16-90-502. Conduct of execution -- Definitions

(a) As used in this section:

• (1) "Adult" means a person who is eighteen (18) years of age or older;

• (2) "Close relative of the victim" means any of the following persons in relation to the victim for whose death a person is sentenced to death:

  • (A) The spouse of the victim at the time of the victim's death;

  • (B) A parent or stepparent of the victim;

  • (C) An adult sibling, adult child, or adult stepchild of the victim; or

  • (D) Any other adult relative with a close relationship to the victim; and

• (3) "Surviving innocent victim" means any adult person innocently present during the commission of the capital offense committed by the person sentenced to death who sustains an injury, either physical or emotional, and that results in a separate conviction for a lesser offense that arises out of the same course of conduct.

(b) An execution for a sentence of death shall be conducted by the Director of the Department of Correction or some assistant or assistants designated by him or her.

(c) The sentence of death shall be carried out in the manner prescribed under § 5-4-617 in every case.

(d) Unless a suspension of execution is ordered, the director or the assistants appointed by him or her shall proceed at the time named in the sentence to cause the death of the person sentenced to death in the manner prescribed under § 5-4-617.

(e) (1) An execution of a person convicted in this state of a capital offense and sentenced to death shall be private. However, the following persons shall be present:

• (A) The director or an assistant designated by the director;

• (B) The Department of Correction official in charge of medical services or his or her designee;

• (C) No more than six (6) of the following persons related to a victim of the crime for which the person is being executed if he or she chooses to be present:

  • (i) A spouse;

  • (ii) Any parent or stepparent;

  • (iii) Any adult sibling or stepsibling; and

  • (iv) Any adult child or stepchild;

• (D) A number of citizens determined by the director, not fewer than six (6) nor more than twelve (12), whose presence is necessary to verify that the execution was conducted in the manner required by law;

• (E) Counsel for the person being executed if he or she chooses to be present; and

• (F) The spiritual adviser to the person being executed if he or she chooses to be present.

  • (2) The director may prohibit a person who otherwise would be eligible to witness or view an execution under this subsection if he or she determines the person to be a security risk.

  • (3) Other persons designated by the director may be present at the execution.

  • (4) The maximum number of close relatives of the victim either witnessing the execution as a person designated under subdivision (e)(1)(C) of this section or as a person viewing the execution through a closed-circuit audiovisual monitor under subdivision (e)(5) of this section shall not exceed eighteen (18).

  • (5)

    • (A) A closed-circuit audiovisual monitor dedicated to viewing a live broadcast of the execution shall be placed in a location chosen by the director for the benefit of any close relative of the victim or any surviving innocent victim who desires to view the execution and who is not witnessing the execution as allowed under subdivision (e)(1)(C) of this section.

    • (B) The number of viewers shall not exceed eighteen (18) per execution.

    • (C) An audio or video recording shall not be made of the execution.