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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: PS 4-3-0-0 | Third Read 16-9-5-0House: JUD DP 6-2-1-1 |
SCR 1049: death sentence; choice; firing squad
Sponsor: Senator Payne, LD 27
Caucus & COW
Overview
A constitutional amendment that expands the acceptable methods of execution by allowing a defendant to choose firing squad, lethal injection or lethal gas.
History
Article XXII, Section 22 of the Arizona Constitution provides that a judgment of death must be carried out by lethal injection, except that defendants sentenced to death for offenses committed before the effective date of the 1992 amendment may choose either lethal injection or lethal gas. The Constitution also provides that lethal injection or lethal gas must be administered under procedures and supervision prescribed by law. A.R.S. § 13-757 outlines execution procedures and specifies that if the defendant does not choose a method of execution when a choice is permitted, then the statute defaults to lethal injection.
Provisions
1. Allows a defendant sentenced to death to choose one of three constitutional methods of death: firing squad, lethal injection or lethal gas.
2. Establishes that if a defendant does not choose a method of death, the default method is lethal injection.
3. Provides that if a listed method is invalidated by an unappealable court order or is unavailable in Arizona when the defendant chooses a method of death, the defendant may choose from the other listed options.
4. Directs the judgment of death to be inflicted by any lawful means available if the defendant’s final choice is unavailable.
5. Requires death by firing squad to be conducted by a minimum of three volunteer shooters and with the use of one blank round.
6. Instructs the Secretary of State to submit the proposition to the voters at the next general election.
7. Makes technical changes.
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Initials NM SCR 1049
3/26/2026 Page 0 Caucus & COW
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