Director of Correctional Services; administration of substances; execution team; confidentiality.

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  2. Nebraska Revised Statutes
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  4. Director of Correctional Services; administration of substances; execution team; confidentiality.

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83-967. Director of Correctional Services; administration of substances; execution team; confidentiality.

(1) The Director of Correctional Services may designate any person qualified under the terms of the execution protocol to administer to the convicted person the substances necessary to comply with the execution protocol.

(2) The identity of all members of the execution team, and any information reasonably calculated to lead to the identity of such members, shall be confidential and exempt from disclosure pursuant to sections 84-712 to 84-712.09 and shall not be subject to discovery or introduction as evidence in any civil proceeding unless extraordinary good cause is shown and a protective order is issued by a district court limiting dissemination of such information.

Source

  • Laws 2009, LB36, § 12;
  • Laws 2015, LB268, § 35;
  • Referendum 2016, No. 426.
  • Note: The repeal of section 83-967 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.

Annotations

  • Subsection (2) of this section does not provide a complete exception to the public records statutes and is reasonably and ordinarily understood as an exemption like those under section 84-712.05. State ex rel. BH Media Group v. Frakes, 305 Neb. 780, 943 N.W.2d 231 (2020).

  • Under the plain and unambiguous language of subsection (2) of this section, the Legislature intended to prevent the disclosure of the identities of execution team members. State ex rel. BH Media Group v. Frakes, 305 Neb. 780, 943 N.W.2d 231 (2020).


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