EXECUTION – 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:
1
1
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

2
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,
1
1
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

3
(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.
1
1
(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