WeVote
Log In

Bill

Bill

H 37

METHODS OF EXECUTION – Amends existing law to revise provisions regarding methods of execution.

68th Legislature, 1st Regular Session (2025)

House Bill 37 establishes the firing squad as Idaho's primary execution method, addressing lethal injection challenges and impacting death row inmates and corrections procedures.

Reported Signed by Governor on March 12, 2025 Session Law Chapter 36 Effective: 07/01/2026
#correctiondepartment #courts #criminaloffensesandprocedures #death
0
WeVote Research Nonpartisan
Bill Summary · H 37

Summary of House Bill 37 (H 37)

Overview

House Bill 37 (H 37) is a legislative measure that amends existing laws regarding methods of execution in the state of Idaho. The bill introduces the firing squad as the primary method of execution, with intravenous lethal injection as a secondary option. It was signed by the Governor on March 12, 2025, and is set to take effect on July 1, 2026.

Purpose and Intent

The primary purpose of H 37 is to establish a clear hierarchy of methods for administering the death penalty in Idaho. The bill aims to address concerns regarding the availability and constitutionality of lethal injection, which has faced legal challenges and difficulties in execution protocols.

Key Provisions

The bill amends Section 19-2716 of the Idaho Code and includes the following key provisions:

  1. Methods of Execution:

    • The punishment of death shall be carried out by:
      • Firing Squad (primary method).
      • Intravenous Administration of Lethal Substances (secondary method).

  2. Certification Requirement:

    • The Director of the Idaho Department of Corrections must certify within five days of a death warrant whether lethal injection is available. If not, the firing squad will be used.

  3. Constitutional Considerations:

    • If a court finds lethal injection unconstitutional, the firing squad will be mandated as the method of execution.

  4. Director's Authority:

    • The Director will determine the specific procedures for executions.

  5. Applicability:

    • The provisions apply to all executions carried out on or after the effective date, regardless of when the sentence was imposed.

Fiscal Impact

The fiscal note accompanying the bill indicates that there will be no increase or decrease in revenue or additional expenditures at the state or local level. The Idaho Department of Corrections has already appropriated $750,000 for the construction or remodeling of a facility to accommodate firing squad executions.

Affected Parties

  • Inmates on Death Row: The bill directly impacts individuals sentenced to death in Idaho, as it changes the method by which their sentences may be carried out.
  • Idaho Department of Corrections: The department will be responsible for implementing the new execution methods and ensuring compliance with the law.
  • Legal System: Courts may be involved in adjudicating any challenges related to the constitutionality of the methods of execution.

Timeline

  • Introduced: January 22, 2025
  • Governor's Signature: March 12, 2025
  • Effective Date: July 1, 2026

Conclusion

House Bill 37 represents a significant shift in Idaho's approach to capital punishment by prioritizing the firing squad as the primary method of execution. This legislative change aims to provide clarity and address ongoing challenges associated with lethal injection, while also ensuring that the execution process remains constitutional and operationally feasible.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.