TITLE 19

CRIMINAL PROCEDURE

CHAPTER 27

EXECUTION

19-2715.  Ministerial actions relating to stays of execution, resetting execution dates, and order for execution of judgment of death. (1) Hereafter, no further stays of execution shall be granted to persons sentenced to death except that a stay of execution shall be granted during an appeal taken pursuant to section 19-2719, Idaho Code, during the automatic review of judgments imposing the punishment of death provided by section 19-2827, Idaho Code, by order of a federal court or as part of a commutation proceeding pursuant to section 20-1016, Idaho Code.

(2)  Upon remittitur or mandate after a sentence of death has been affirmed, the state shall apply for a warrant from the district court in which the conviction was had, authorizing execution of the judgment of death. Upon such application, the district court shall set a new execution date not more than thirty (30) days thereafter.

(3)  If a stay of execution is granted pursuant to subsection (1) of this section and, as a result, no execution takes place on the date set by the district court, upon termination of the stay, the state shall apply for another warrant and, upon such application, the district court shall set a new execution date not more than thirty (30) days thereafter.

(4)  If for any reason other than those set forth in subsection (1) of this section a judgment of death has not been executed, and it remains in force, the state shall apply for another warrant. Upon such application, the district court may inquire into the facts and, if no legal reason exists against the execution of the judgment, must make an order that the warden execute the judgment at a special specified time. The warden must execute the judgment accordingly.

(5)  Action of the district court under this section is ministerial only. No hearing shall be required for setting a new execution date, and the court shall inquire only into the fact of an existing death sentence and the absence of a valid stay of execution.

(6)  For purposes of this section, the phrase "stay of execution" shall refer to a temporary postponement of an execution as a result of a court order or an order of the governor postponing the execution while a petition for commutation is pending.

History:

[(19-2715) Cr. Prac. 1864, secs. 465, 466, p. 269; R.S., sec. 8019; am. 1899, p. 340, sec. 4; reen. R.C. & C.L., sec. 8019; C.S., sec. 9062; I.C.A., sec. 19-2615; am. 1984, ch. 159, sec. 6, p. 388; am. 2012, ch. 84, sec. 1, p. 241; am. 2021, ch. 196, sec. 23, p. 540; am. 2024, ch. 164, sec. 2, p. 623.]