Amends existing law to provide that procedures used in an execution shall not be subject to certain provisions of law.

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 803
BY WAYS AND MEANS COMMITTEE
AN ACT	1
RELATING TO EXECUTION; AMENDING SECTION 19-2716, IDAHO CODE, TO PROVIDE THAT	2
PROCEDURES USED IN AN EXECUTION SHALL NOT BE SUBJECT TO CERTAIN PROVI-	3
SIONS OF LAW; AMENDING SECTION 19-2716, IDAHO CODE, AS AMENDED BY SEC-	4
TION 1, CHAPTER 36, LAWS OF 2025, TO PROVIDE THAT PROCEDURES USED IN AN	5
EXECUTION SHALL NOT BE SUBJECT TO CERTAIN PROVISIONS OF LAW; AMENDING	6
SECTION 19-2716A, IDAHO CODE, TO REVISE A PROVISION REGARDING CONFIDEN-	7
TIALITY; AND DECLARING AN EMERGENCY AND PROVIDING EFFECTIVE DATES.	8
Be It Enacted by the Legislature of the State of Idaho:	9
SECTION 1. That Section 19-2716, Idaho Code, be, and the same is hereby	10
amended to read as follows:	11
19-2716. METHODS OF EXECUTION. (1) The punishment of death shall be	12
inflicted by the following methods:	13
(a) Continuous, intravenous administration of a lethal quantity of a	14
substance or substances approved by the director of the Idaho depart-	15
ment of correction until death is pronounced by a coroner or a deputy	16
coroner; or	17
(b) Firing squad.	18
(2) Not later than five (5) days after the issuance of a death warrant,	19
the director of the Idaho department of correction must determine, and cer-	20
tify by affidavit to the court that issued the death warrant, whether execu-	21
tion by lethal injection, as described in subsection (1)(a) of this section,	22
is available.	23
(3) If the director certifies that lethal injection is available, the	24
method of execution shall be lethal injection.	25
(4) If the director does not certify that lethal injection is avail-	26
able, fails to file a certification as required pursuant to subsection (2) of	27
this section, or otherwise determines that lethal injection is unavailable,	28
the method of execution shall be firing squad.	29
(5) If a court holds that lethal injection is unconstitutional, on its	30
face or as applied, or otherwise determines that firing squad is a constitu-	31
tionally required method of execution, the method of execution shall be fir-	32
ing squad.	33
(6) The director shall determine the procedures to be used in any execu-	34
tion. Such procedures shall not be subject to the provisions of chapter 52,	35
title 67, Idaho Code.	36
(7) The provisions of this section shall apply to all executions car-	37
ried out on and after the effective date of this enactment, irrespective of	38
the date sentence was imposed.	39

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SECTION 2. That Section 19-2716, Idaho Code, as amended by Section 1,	1
Chapter 36, Laws of 2025, be, and the same is hereby amended to read as fol-	2
lows:	3
19-2716. METHODS OF EXECUTION. (1) The punishment of death shall be	4
inflicted by the following methods:	5
(a) Firing squad; or	6
(b) Continuous, intravenous administration of a lethal quantity of a	7
substance or substances approved by the director of the Idaho depart-	8
ment of correction until death is pronounced by a coroner or a deputy	9
coroner.	10
(2) Not later than five (5) days after the issuance of a death warrant,	11
the director of the Idaho department of correction must determine, and cer-	12
tify by affidavit to the court that issued the death warrant, whether execu-	13
tion by firing squad, as described in subsection (1)(a) of this section, is	14
available.	15
(3) If the director certifies that firing squad is available, the	16
method of execution shall be firing squad.	17
(4) If the director does not certify that firing squad is available or	18
fails to file a certification as required pursuant to subsection (2) of this	19
section, the method of execution shall be lethal injection, as described in	20
subsection (1)(b) of this section.	21
(5) If a court holds that firing squad is unconstitutional, on its face	22
or as applied, or otherwise determines that lethal injection is a consti-	23
tutionally required method of execution, the method of execution shall be	24
lethal injection.	25
(6) The director shall determine the procedures to be used in any execu-	26
tion. Such procedures shall not be subject to the provisions of chapter 52,	27
title 67, Idaho Code.	28
(7) The provisions of this section shall apply to all executions car-	29
ried out on and after the effective date of this enactment, irrespective of	30
the date sentence was imposed.	31
SECTION 3. That Section 19-2716A, Idaho Code, be, and the same is hereby	32
amended to read as follows:	33
19-2716A. PRACTICE OF MEDICINE AND POSSESSION OF CONTROLLED SUB-	34
STANCES -- EXEMPTION -- EXCEPTIONS TO GOVERNMENTAL LIABILITY -- CONFI-	35
DENTIALITY -- LICENSURE. (1) Notwithstanding any other provision of law,	36
infliction of the punishment of death in the manner required by section	37
19-2716, Idaho Code, shall not be construed as the practice of medicine. The	38
director of the department of correction and all persons authorized by him	39
to participate in an execution, as provided in section 19-2716, Idaho Code,	40
shall be exempt from all laws, rules and regulations governing the practice	41
of medicine.	42
(2) For the purposes of carrying out the provisions of section 19-2716,	43
Idaho Code, any pharmacy, prescriber, manufacturer, wholesale distributor	44
or other entity authorized by law to possess controlled substances may dis-	45
tribute controlled substances to the director or his designees and shall not	46
be subject to criminal or civil liability for the death of the condemned per-	47
son.	48

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(3) For the purposes of carrying out the provisions of section 19-2716,	1
Idaho Code, the director and his designees may obtain, possess, store and ad-	2
minister controlled substances and are exempt from all laws, rules and reg-	3
ulations governing pharmacies and controlled substances, notwithstanding	4
any other provision of law. Any employee of the state of Idaho participat-	5
ing in an execution pursuant to section 19-2716, Idaho Code, shall be pre-	6
sumed to be acting within the course and scope of his employment and without	7
malice or criminal intent for purposes of section 6-903, Idaho Code. Any em-	8
ployee, agent or contractor of the state of Idaho participating in an execu-	9
tion pursuant to section 19-2716, Idaho Code, shall not be subject to crimi-	10
nal or civil liability for the death of the condemned person.	11
(4) For purposes of carrying out the provisions of section 19-2716,	12
Idaho Code, the identities of any of the following persons or entities	13
involved in the planning, training, or performance of an execution shall	14
be confidential, shall not be subject to disclosure, and shall not be ad-	15
missible as evidence or discoverable in any proceeding before any court,	16
tribunal, board, agency, or person:	17
(a) The on-site physician and emergency medical personnel, any member	18
of the escort team or, medical team, or firing squad, and any person	19
or entity that provides technical assistance during the execution	20
process; and	21
(b) Any person or entity who compounds, synthesizes, tests, sells,	22
supplies, manufactures, stores, transports, procures, dispenses, or	23
prescribes the chemicals or substances for use in an execution or that	24
provides the medical supplies or medical equipment for the execution	25
process.	26
(5) If any person who participates or performs ancillary functions in	27
an execution is licensed by a board, the licensing board shall not suspend or	28
revoke the person's license, or take disciplinary action against the person,	29
because of the person's participation in an execution.	30
SECTION 4. An emergency existing therefor, which emergency is hereby	31
declared to exist, Sections 1 and 3 of this act shall be in full force and ef-	32
fect on and after passage and approval. Section 2 of this act shall be in full	33
force and effect on and after July 1, 2026.	34

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