TITLE 19

CRIMINAL PROCEDURE

CHAPTER 27

EXECUTION

19-2716.  methods of execution. (1) The punishment of death shall be inflicted by the following methods:

(a)  Firing squad; or

(b)  Continuous, intravenous administration of a lethal quantity of a substance or substances approved by the director of the Idaho department of correction until death is pronounced by a coroner or a deputy coroner.

(2)  Not later than five (5) days after the issuance of a death warrant, the director of the Idaho department of correction must determine, and certify by affidavit to the court that issued the death warrant, whether execution by firing squad, as described in subsection (1)(a) of this section, is available.

(3)  If the director certifies that firing squad is available, the method of execution shall be firing squad.

(4)  If the director does not certify that firing squad is available or fails to file a certification as required pursuant to subsection (2) of this section, the method of execution shall be lethal injection, as described in subsection (1)(b) of this section.

(5)  If a court holds that firing squad is unconstitutional, on its face or as applied, or otherwise determines that lethal injection is a constitutionally required method of execution, the method of execution shall be lethal injection.

(6)  The director shall determine the procedures to be used in any execution. Such procedures shall not be subject to the provisions of chapter 52, title 67, Idaho Code.

(7)  The provisions of this section shall apply to all executions carried out on and after the effective date of this enactment, irrespective of the date sentence was imposed.

History:

[(19-2716) Cr. Prac. 1864, sec. 467, p. 269; R.S., R.C., & C.L., sec. 8020; C.S., sec. 9063; I.C.A., sec. 19-2616; am. 1978, ch. 70, sec. 1, p. 140; am. 1982, ch. 257, sec. 1, p. 668; am. 2009, ch. 81, sec. 1, p. 228; am. 2023, ch. 141, sec. 1, p. 390; am. 2025, ch. 36, sec. 1, p. 174; am. 2026, ch. 225, sec. 1, p. 1001; am. 2026, ch. 225, sec. 2, p. 1001.]