Amends existing law to provide that procedures used in an execution shall not be subject to rulemaking, judicial review, or certain other provisions.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 525 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO EXECUTION; AMENDING SECTION 19-2716, IDAHO CODE, TO PROVIDE THAT2 PROCEDURES USED IN AN EXECUTION SHALL NOT BE SUBJECT TO RULEMAKING, JU-3 DICIAL REVIEW, OR CERTAIN OTHER PROVISIONS; AMENDING SECTION 19-2716,4 IDAHO CODE, AS AMENDED BY SECTION 1, CHAPTER 36, LAWS OF 2025, TO PRO-5 VIDE THAT PROCEDURES USED IN AN EXECUTION SHALL NOT BE SUBJECT TO RULE-6 MAKING, JUDICIAL REVIEW, OR CERTAIN OTHER PROVISIONS; AMENDING SECTION7 19-2716A, IDAHO CODE, TO REVISE A PROVISION REGARDING CONFIDENTIALITY;8 AND DECLARING AN EMERGENCY AND PROVIDING EFFECTIVE DATES.9

Be It Enacted by the Legislature of the State of Idaho:10

SECTION 1. That Section 19-2716, Idaho Code, be, and the same is hereby11 amended to read as follows:12 19-2716. METHODS OF EXECUTION. (1) The punishment of death shall be13 inflicted by the following methods:14 (a) Continuous, intravenous administration of a lethal quantity of a15 substance or substances approved by the director of the Idaho depart-16 ment of correction until death is pronounced by a coroner or a deputy17 coroner; or18 (b) Firing squad.19 (2) Not later than five (5) days after the issuance of a death warrant,20 the director of the Idaho department of correction must determine, and cer-21 tify by affidavit to the court that issued the death warrant, whether execu-22 tion by lethal injection, as described in subsection (1)(a) of this section,23 is available.24 (3) If the director certifies that lethal injection is available, the25 method of execution shall be lethal injection.26 (4) If the director does not certify that lethal injection is avail-27 able, fails to file a certification as required pursuant to subsection (2) of28 this section, or otherwise determines that lethal injection is unavailable,29 the method of execution shall be firing squad.30 (5) If a court holds that lethal injection is unconstitutional, on its31 face or as applied, or otherwise determines that firing squad is a constitu-32 tionally required method of execution, the method of execution shall be fir-33 ing squad.34 (6) The director shall determine the procedures to be used in any execu-35 tion. Such procedures shall not be subject to rulemaking, judicial review,36 or other provisions of chapter 52, title 67, Idaho Code.37 (7) The provisions of this section shall apply to all executions car-38 ried out on and after the effective date of this enactment, irrespective of39 the date sentence was imposed.40

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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 be4 inflicted by the following methods:5 (a) Firing squad; or6 (b) Continuous, intravenous administration of a lethal quantity of a7 substance or substances approved by the director of the Idaho depart-8 ment of correction until death is pronounced by a coroner or a deputy9 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, is14 available.15 (3) If the director certifies that firing squad is available, the16 method of execution shall be firing squad.17 (4) If the director does not certify that firing squad is available or18 fails to file a certification as required pursuant to subsection (2) of this19 section, the method of execution shall be lethal injection, as described in20 subsection (1)(b) of this section.21 (5) If a court holds that firing squad is unconstitutional, on its face22 or as applied, or otherwise determines that lethal injection is a consti-23 tutionally required method of execution, the method of execution shall be24 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 rulemaking, judicial review,27 or other provisions of chapter 52, 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 of30 the date sentence was imposed.31

SECTION 3. That Section 19-2716A, Idaho Code, be, and the same is hereby32 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 section37 19-2716, Idaho Code, shall not be construed as the practice of medicine. The38 director of the department of correction and all persons authorized by him39 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 practice41 of medicine.42 (2) For the purposes of carrying out the provisions of section 19-2716,43 Idaho Code, any pharmacy, prescriber, manufacturer, wholesale distributor44 or other entity authorized by law to possess controlled substances may dis-45 tribute controlled substances to the director or his designees and shall not46 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, notwithstanding4 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 without7 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 entities13 involved in the planning, training, or performance of an execution shall14 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 member18 of the escort team or, medical team, or firing squad, and any person19 or entity that provides technical assistance during the execution20 process; and21 (b) Any person or entity who compounds, synthesizes, tests, sells,22 supplies, manufactures, stores, transports, procures, dispenses, or23 prescribes the chemicals or substances for use in an execution or that24 provides the medical supplies or medical equipment for the execution25 process.26 (5) If any person who participates or performs ancillary functions in27 an execution is licensed by a board, the licensing board shall not suspend or28 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 hereby31 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 full33 force and effect on and after July 1, 2026.34