IdahoIdaho law sets execution methods and keeps participants’ identities confidential
Idaho law sets which execution method officials use through June and starting in July, and keeps the identities of people and organizations involved in executions confidential.
What it does
Idaho law sets which execution method officials use in two periods. Through June 30, lethal injection is used if available; starting July 1, firing squad is used if available.
The corrections director sets execution procedures, which do not have to follow Idaho’s usual rules for how state agencies adopt rules.
The identities of people and organizations involved in planning, training, or carrying out an execution are confidential and cannot be disclosed or used in legal proceedings.
Argument forSetting a backup method could help officials carry out an execution when the preferred method is unavailable or a court rules it cannot be used.
Argument againstKeeping participants’ and suppliers’ identities confidential could make it harder for the public to learn who helped plan or carry out an execution.
More detail
The corrections director determines which execution method is used. These rules apply to executions carried out on or after each rule’s effective date, regardless of when the death sentence was imposed. The director must decide and certify by affidavit to the court within five days after a death warrant is issued whether the designated method is available. For the rule that took effect March 31, lethal injection is used if available; firing squad is used if injection is unavailable, the director does not file the required certification, or a court requires firing squad. Starting July 1, firing squad is used if available; otherwise, lethal injection is used. If a court rules that firing squad cannot be used or requires lethal injection, lethal injection is used. The first method rule took effect March 31, 2026. The second takes effect July 1, 2026.
The corrections director determines the procedures used in an execution. The rule applies to procedures used in any execution. The procedures are not subject to Idaho Code chapter 52, which sets rules for state agency rulemaking. This provision took effect March 31, 2026.
The identities of specified people and organizations involved in executions are confidential. The confidentiality rule covers people and organizations involved in planning, training, or carrying out an execution, including suppliers of execution drugs and medical equipment. The covered people include medical and emergency staff, escort and medical teams, firing squad members, and technical helpers. The rule also covers people or organizations that provide or handle execution chemicals, drugs, medical supplies, or equipment. Their identities cannot be disclosed or used as evidence or discovered in proceedings. This provision took effect March 31, 2026.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 1Reported Signed by Governor Brad Little on March 31, 2026 Session Law Chapter 225 Effective: 03/31/2026 SECTION 1 & 3; 07/01/2026 SECTION 2Became Law
- Mar 31Delivered to Governor at 4:50 p.m. on March 30, 2026To Governor
- Mar 30Returned Signed by the President; Ordered Transmitted to GovernorMinor
- Mar 30Signed by President; returned to HouseMajor
- Mar 30Received from the House enrolled/signed by SpeakerMajor
- Mar 30Reported Enrolled; Signed by Speaker; Transmitted to SenateMajor
- Mar 27Returned from Senate Passed; to JRA for EnrollingMinor
- Vote recorded Read third time in full –. Result: pass.Upper
- Mar 27Read third time in full – PASSED - 34-1-0AYES – Adams, Anthon, Bernt, Bjerke(Bjerke), Blaylock, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Galloway, Grow, Guthrie, Harris, Hart, Keyser, Kohl, Lakey, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Semmelroth, Shippy, Taylor, Toews, VanOrden, Ward-Engelking, Woodward, Zito, ZuiderveldNAYS – WintrowAbsent and excused – NoneFloor Sponsor - RicksTitle apvd - to HousePassed 2nd Chamber
- Mar 25Read second time; filed for Third ReadingMinor
- Mar 24Reported out of Committee with Do Pass Recommendation; Filed for second readingMinor
- Mar 18Introduced, read first time; referred to: Judiciary & RulesMinor
- Mar 18Received from the House passed; filed for first reading
- Mar 17Rules Suspended: Ayes 66 Nays 0 Abs/Excd 4, read in full as required – PASSED - 60-8-2AYES – Alfieri, Barbieri, Beiswenger, Bingham, Boyle, Bruce, Burgoyne, Cannon, Cayler, Cheatum, Cornilles, Crane(12), Crane(13), Dygert, Ehardt, Ehlers, Erickson, Fuhriman, Furniss, Gannon, Garner, Hall(Stone), Handy, Harris, Hawkins, Healey, Hill, Holtzclaw, Hostetler, Leavitt, Manwaring, Marmon, McCann, Mendive, Miller, Mitchell, Monks, Nelsen, Palmer, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Sauter, Scott, Shepherd, Shirts, Skaug(Chadwick), Tanner(13), Tanner(14), Thompson, Vander Woude, Veile, Weber, Wheeler, Wisniewski, Mr. SpeakerNAYS – Berch, Church, Egbert, Galaviz, Green, Haws, Mathias, RubelAbsent – Mickelsen, RedmanFloor Sponsor - ShirtsTitle apvd - to SenatePassed 1st Chamber
- Vote recorded Rules Suspended: Ayes 66 Nays 0 Abs/Excd 4, read in full as required –. Result: pass.Lower
- Mar 17Read second time; Filed for Third ReadingMinor
- Mar 16Reported out of Committee with Do Pass Recommendation, Filed for Second ReadingMinor
- Mar 3Reported Printed and Referred to Judiciary, Rules & Administration
- Mar 2Introduced, read first time, referred to JRA for PrintingIntroduced
Criminal Justice