Kansas Statutes Annotated

K.S.A. § 22-4001 (2026)

Death penalty, how executed

✓ current as of May 2026

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22-4001. Death penalty, how executed. (a) The mode of carrying out a sentence of death in this state shall be by intravenous injection of a substance or substances in a quantity sufficient to cause death in a swift and humane manner.

(b) The secretary of corrections shall supervise the carrying out of each sentence of death and shall determine the procedures therefor, which shall be consistent with this act and the other laws of the state. The secretary of corrections shall designate one or more executioners and other persons necessary to assist in carrying out the sentence of death as provided in this section. The identity of executioners and other persons designated to assist in carrying out the sentence of death shall be confidential.

(c) The secretary of corrections shall select the type of substance or substances to be administered in carrying out a sentence of death by intravenous injection in a swift and humane manner. The secretary of health and environment shall certify to the secretary of corrections that the substance or substances selected by the secretary of corrections will result in death in a swift and humane manner. If the secretary of corrections desires to change the substance or substances to be administered from those previously certified by the secretary of health and environment, the proposed substance or substances also shall be certified as provided in this section.

(d) The secretary of corrections may designate in writing a warden of one of the correctional institutions under the secretary's supervision to perform the duties imposed upon the secretary by this section and by K.S.A. 22-4002, 22-4003, 22-4013 and 22-4014, and amendments thereto.

History: L. 1970, ch. 129, § 22-4001; L. 1990, ch. 309, § 23; L. 1994, ch. 252, § 11; L. 1999, ch. 164, § 21; July 1.

Notes of Decisions

Cited in 9 cases, 2000–2015 · leading case: Baze v. Rees, 553 U.S. 35 (2008).

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Baze v. Rees, 553 U.S. 35 (2008). · cites it 4× “3-1202 (2007); Conn. Gen.Stat. § 54-100 (2007); Del.”

State v. Kleypas, 40 P.3d 139 (Kan. 2001). · cites it 4× “With regard to protocol, K.S.A. 22-4001, in effect prior to 1999, provided: "(a) Subject to the provisions of this act, the mode of carrying out a sentence of death in this state shall be by intravenous injection of a substance or substances in a quantity sufficient to cause…”

Hobbs v. Jones, 412 S.W.3d 844 (Ark. 2012). “2d 420 (2008)); Kan. Stat. Ann. § 22-4001 ; Va.Code Ann. § 53.”

State v. Webb, 750 A.2d 448 (Conn. 2000). “§ 35-38-6-1 (Michie 1998); Kansas, Kan. Stat. Ann. § 22-4001 (1995); Kentucky, Ky.”

Hobbs v. McGehee, 2015 Ark. 116 (Ark. 2015). · cites it 2× “” Kan. Stat. Ann. § 22-4001 (a) (emphasis supplied).”

Beardslee v. Woodford, 395 F.3d 1064 (9th Cir. 2005). “§ 35-38-6-1; Kansas, Kan. Stat. Ann. § 22-4001 ; Kentucky, Ky.”

Cooper v. Rimmer, 379 F.3d 1029 (9th Cir. 2004). “§ 35-38-6-1; Kansas, Kan. Stat. Ann. § 22-4001 ; Kentucky, Ky.”

Cooper v. Rimmer, 358 F.3d 655 (9th Cir. 2004). “§ 35-38-6-1; Kansas, Kan. Stat. Ann. § 22-4001 ; Kentucky, Ky.”

Beardslee v. Woodford (9th Cir. 2005). “§ 35-38-6-1 ; Kansas, Kan. Stat. Ann. § 22-4001 ; Kentucky, Ky.”

— K.S.A. § 22-4001(c) — 1 case

State v. Kleypas, 40 P.3d 139 (Kan. 2001). “With regard to protocol, K.S.A. 22-4001, in effect prior to 1999, provided: "(a) Subject to the provisions of this act, the mode of carrying out a sentence of death in this state shall be by intravenous injection of a substance or substances in a quantity sufficient to cause…”

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