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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
REVISED #2
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 (ADCRR), 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).
The Joint Legislative Budget Committee fiscal note estimates that S.B. 1751 will result in a one-time cost to establish executions by firing squad as well as future ongoing maintenance costs for lethal gas executions; however, these costs will not occur for at least several years. According to ADCRR, the one-time cost ranges between $1 million and $1.6 million and the ongoing maintenance costs are $7,000 annually for a new facility, $10,000 annually for a renovated facility as well as additional costs to the state to maintain equipment used for lethal gas executions; however, ADCRR is unable to provide a specific cost at this time (JLBC fiscal note).
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.
Revisions
· Updates the fiscal impact statement.
Senate Action
PS 2/18/26 DP 4-3-0
Prepared by Senate Research
April 21, 2026
KJA/hk