(a) Where the sentence of death is pronounced against a convict, the sentence shall be executed at any hour on the day set for the execution, not less than 30 nor more than 100 days from the date of sentence, as the court may adjudge, by lethal injection unless the convict elects execution by electrocution or nitrogen hypoxia as provided by law. If electrocution or nitrogen hypoxia are held unconstitutional, the method of execution shall be lethal injection. If lethal injection is held unconstitutional or otherwise becomes unavailable, the method of execution shall be by nitrogen hypoxia.
(b) Executions shall take place at the William C. Holman unit of the prison system at Atmore in a room or area arranged for that purpose. It shall be the duty of the Department of Corrections of this state to provide the necessary facilities, instruments, and accommodations to carry out the execution.
(c) The warden of the William C. Holman unit of the prison system at Atmore or, in case of his or her death, disability, or absence, his or her deputy, shall be the executioner. In the case of execution by lethal injection, the warden, or in the case of his or her death, disability, or absence, his or her deputy, may designate an employee of the unit to administer the lethal injection. In the event of the death or disability or absence of both the warden and deputy, the executioner shall be that person appointed by the Commissioner of the Department of Corrections.
(Acts 1923, No. 587, p. 759; Code 1923, §§5309, 5310, 5314; Code 1940, T. 15, §§343, 344, 348; Acts 1953, No. 759, p. 1021; Acts 1971, No. 2360, p. 3792; Act 2002-492, p. 1243, §2; Act 2018-353, §1.)
Notes of Decisions
Cited in
35
cases (
8 in the last 5 years), 2003–2025 · leading case:
Baze v. Rees, 553 U.S. 35 (2008).
Baze v. Rees, 553 U.S. 35 (2008).
· cites it 2× “Nine States allow for lethal injection in addition to an alternative method, such as electrocution, see Ala. Code §§ 15-18-82 to 82.1 (Supp.2007); Fla.”
Nelson v. Campbell, 541 U.S. 637 (2004).
· cites it 2× “In a State such as Alabama, where the legislature has established lethal injection as the preferred method of execution, see Ala. Code § 15-18-82 (Lexis Supp. 2003) (lethal injection as default method), a constitutional challenge seeking to permanently enjoin the use of lethal…”
Anthony Boyd v. Warden,Holman Corr. Facility, 856 F.3d 853 (11th Cir. 2017).
· cites it 2× “Holman execution chamber when the legislature amended the method of execution in July 2002, see Ala. Code § 15-18-82 , and has not provided sufficient factual allegations to show that there has been a constitutionally significant change to the quality of those facilities since…”
Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003).
· cites it 3× “) Recently, the Alabama Legislature amended § 15-18-82, Ala.Code 1975, which provides for the time, place, and method of executions in Alabama, and added § 15-18-82.”
Turner v. State, 924 So. 2d 737 (Ala. Crim. App. 2003).
· cites it 3× “In July 2002, the Alabama Legislature amended § 15-18-82, Ala.Code 1975, that defines the method of execution.”
Clark v. State, 896 So. 2d 584 (Ala. Crim. App. 2003).
· cites it 3× “) Recently, the Alabama Legislature amended § 15-18-82, Ala.Code 1975, which sets out the time, place, and method of executions in Alabama, and it added § 15-18-82.”
McGowan v. State, 990 So. 2d 931 (Ala. Crim. App. 2005).
· cites it 3× “) In addressing this issue, we reiterate the following: "Recently, the Alabama Legislature amended § 15-18-82, Ala.Code 1975, which provides for the time, place, and method of executions in Alabama, and added § 15-18-82.”
Carey Dale Grayson v. Warden, Comm'r, Alabama DOC, 869 F.3d 1204 (11th Cir. 2017).
“Laws 1243 (codified at- Ala. Code § 15-18-82 ,1), A person sentenced to death in Alabama can still elect to die by eleptrocution instead of lethal injection, See A la.”
Ziegler v. State, 886 So. 2d 127 (Ala. Crim. App. 2003).
· cites it 3× “We recently addressed the precise issue Ziegler raises: "In July 2002, the Alabama Legislature amended § 15-18-82, Ala.Code 1975, that defines the method of execution.”
Gavin v. State, 891 So. 2d 907 (Ala. Crim. App. 2003).
“The sentence shall be executed pursuant to Section 15-18-82." Newly amended 15-18-82(a) now provides: "Where the sentence of death is pronounced against a convict, the sentence shall be executed at any hour on the day set for the execution, not less than 30 nor more than 100…”
Calhoun v. State, 932 So. 2d 923 (Ala. Crim. App. 2005).
“"The Alabama Legislature modified § 15-18-82, Ala.Code 1975, to provide for lethal injection as a method of execution.”
Ex Parte Belisle, 11 So. 3d 323 (Ala. 2008).
“See § 15-18-82(a), Ala.Code 1975 (“Where the sentence of death is pronounced against a convict, the sentence shall be executed .”
— Ala. Code § 15-18-82(a) — 11 cases
Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003).
“) Recently, the Alabama Legislature amended § 15-18-82, Ala.Code 1975, which provides for the time, place, and method of executions in Alabama, and added § 15-18-82.”
Turner v. State, 924 So. 2d 737 (Ala. Crim. App. 2003).
“In July 2002, the Alabama Legislature amended § 15-18-82, Ala.Code 1975, that defines the method of execution.”
Clark v. State, 896 So. 2d 584 (Ala. Crim. App. 2003).
“) Recently, the Alabama Legislature amended § 15-18-82, Ala.Code 1975, which sets out the time, place, and method of executions in Alabama, and it added § 15-18-82.”
Ex Parte Belisle, 11 So. 3d 323 (Ala. 2008).
“See § 15-18-82(a), Ala.Code 1975 (“Where the sentence of death is pronounced against a convict, the sentence shall be executed .”
— Ala. Code § 15-18-82(b)(2) — 1 case
— Ala. Code § 15-18-82(c) — 2 cases
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