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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
death sentence; choice; firing squad
Purpose
Subject to voter approval, constitutionally adds death by firing squad as a method of death that a defendant may chose, except as specified, sets lethal injection as the default and prescribes requirements for the selection and provision of available methods.
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 of death from which a defendant who is sentenced to death may chose.
2. Requires death by firing squad to be conducted by at least three volunteer shooters and with the use of one blank round.
3. Specifies that if a defendant does not choose a method of death, the default method is lethal injection.
4. Excludes, from the default option of lethal injection, a defendant who has murdered a law enforcement officer and the defendant knew or should have known the officer was acting in the officer's line of duty.
5. Subjects 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 to death by firing squad as the method of death.
6. Stipulates that if any option is invalidated by an unappealable court order or is unavailable in the state at the time the defendant chooses a method of death:
a) the defendant may choose from the other options listed as methods of death; and
b) the judgment must be inflicted by any lawful means available if the final choice is unavailable.
7. Makes technical and conforming changes.
8. Requires the Secretary of State to submit the proposition to the voters at the next general election.
9. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
February 16, 2026
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