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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
death sentence; choice; firing squad.
Purpose
Allows a defendant sentenced to death to choose firing squad, lethal injection or lethal gas as the method of death.
Background
A defendant who is convicted of first-degree murder is eligible for the death penalty if there is the existence of at least one statutorily enumerated aggravating circumstance and there are no mitigating circumstances sufficiently substantial to call for leniency (A.R.S. § 13-751).
Under the supervision of the Arizona Department of Corrections, Rehabilitation and Reentry, the penalty of death must be inflicted by an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death, except that a defendant who is sentenced to death for an offense committed before November 23, 1992, may choose either lethal injection or lethal gas at least 20 days before the execution date. The lethal injection or lethal gas must be administered under such procedures and supervision as prescribed by law must take place within the limits of the state prison The penalty of death is inflicted by lethal injection if the defendant fails to choose between lethal injection and lethal gas (A.R.S. § 13-757; Ariz. Const. art. 22 § 22).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds death by firing squad to the methods from which a defendant sentenced to death may choose.
2. Specifies that the penalty of death must be inflicted by lethal injection if the defendant fails to choose a manner of death.
3. Removes the stipulation that only defendants sentenced for an offense committed before November 23, 1992, may choose either lethal injection or lethal gas.
4. Conditions the enactment of this legislation on the passage of S.C.R. 1049 relating to capital punishment.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date or later, subject to the provisions of the conditional enactment.
Amendments Adopted by Committee of the Whole
1. Removes the requirement that death by firing squad is the only available method of death for a defendant who has murdered a law enforcement officer and knew or should have known the officer was acting in the officer's line of duty.
2. Makes technical and conforming changes.
Senate Action
PS 2/18/26 DP 4-3-0
Prepared by Senate Research
March 3, 2026
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