Official Summary Text
SB1751 - 572R - Senate Fact Sheet
Assigned to
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PASSED BY COW
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
REVISED #2
AMENDED
FACT SHEET FOR
S.B. 1751
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
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Prepared by
Senate Research
April 21, 2026
KJA/hk
Current Bill Text
Read the full stored bill text
SB1751 - 572R - S Ver
Senate Engrossed
death sentence;
choice; firing squad.
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1751
AN
ACT
AMENDING SECTION 13-757, ARIZONA
REVISED STATUTES; RELATING TO CAPITAL PUNISHMENT.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 13-757, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-757.
Method of infliction of sentence of death; identity of
executioners; license suspension
A. The penalty of death shall be inflicted by
firing squad, lethal gas or
an intravenous injection of a
substance or substances in a lethal quantity sufficient to cause death, under
the supervision of the state department of corrections.
B. A defendant who is sentenced to death
for an offense committed before November 23, 1992
shall choose
either
firing squad,
lethal injection or
lethal gas at least twenty days before the execution date.
If the
defendant fails to choose either lethal injection or lethal gas,
The
penalty of death shall be inflicted by lethal injection
if the
defendant fails to choose a manner of death
.
C. The identity of executioners and other persons
who participate or perform ancillary functions in an execution and any
information contained in records that would identify those persons is
confidential and is not subject to disclosure pursuant to title 39, chapter 1,
article 2.
D. If a person who participates or performs
ancillary functions in an execution is licensed by a board, the licensing board
shall not suspend or revoke the person's license as a result of the person's
participation in an execution.
END_STATUTE
Sec. 2.
Conditional enactment
This act does not become effective
unless the Constitution of Arizona is amended by the vote of the people at the
next general election by the passage of Senate Concurrent Resolution
1049, fifty-seventh legislature, second regular
session, relating to capital punishment.