Controversial execution methods bill moves to the Governor’s desk

BOISE, Idaho (KIFI) - A bill that would make the firing squad the primary method of execution in Idaho is on its way to Governor Little's desk.

House Bill 37 passed the Idaho Senate in a 28-7 vote on Wednesday.

If the bill becomes law, the changes will apply to executions carried out on or after July 1, 2026.

"Our penalties should be exacted when promised and deserved."

HB-37's sponsor, Sen. Doug Ricks (R) of Rexburg, told members of the Senate that under the current primary method of execution - lethal injection - states have been tied up in the debate over fears of prolonged and painful death due to lethal injection. The state has also found it difficult to obtain the necessary drugs to perform a lethal injection.

"I view the firing squad as a more humane way to carry out executions for those on death row because it is quick and certain," said Ricks. "It brings justice for the victims and their families in a more expeditious manner. I believe there will be fewer attempts...fewer appellate issues in the courts with the firing squad."

The Gem State currently has nine inmates on death row, including convicted murderers Chad Daybell and Thomas Creech, whom the state failed to execute after an inability to establish an IV for lethal injection.

"This is a rule of law issue. It's already been decided that these inmates are to be put to death by a court of law for their awful, heinous crimes...Our criminal justice system should work. Our penalties should be exacted when promised and deserved. The death penalty should be duly invoked," said Ricks.

Ricks told members of the Senate that Idaho Department of Corrections (IDOC) buildings would need additional remodeling for the firing squad executions to be carried out. The State of Idaho has already allocated $750,000 for the remodel. Ricks indicated that the IDOC had additional funding available for any further expenses.

"Barbaric" or an "Act of Mercy"?

The debate surrounding the bill lasted less than half an hour. Much of the discussion involved whether or not a firing squad was a humane form of punishment.

Sen. Daniel Foreman, R-Moscow, argued that the state could make a very big mistake.

"Projecting a piece of metal at 200ft per second, give or take, through the human body, is anything but humane," Foreman told members of the Senate. "I can say that because I've seen it, I wished I haven't seen it."

Foreman served as a Gulf War combat veteran in the United States Air Force before becoming a member of law enforcement in Idaho.

"The consequences of a botched firing squad execution are more graphic, more mentally, psychologically devastating than any botched attempt with a lethal drug," said Foreman. "The claims that it's 'instantaneous'...Well, yes, sometimes it is. Sometimes it is not."

Across the aisle, Sen. Melissa Winthrow, D-Boise, argued that the history of the firing squad draws back to "public spectacles" and "visions of terror" to keep people in line.

"It, unfortunately, puts the optics of Idaho in a place that I don't think we care to be," argued Winthrow.

In response to Sen. Winthrow's reasoning, Sen. Brian Lenney (R) of Nampa called the assembly's attention to the "barbaric" crimes Thomas Creech was sentenced for.

"If we're talking about terror and we're talking about barbaric, I think it's worth remembering why this man is on death row in the first place," responded Sen. Lenny. "He killed at least five that we know of. According to his own words, up to possibly 42 people. One of them, he beat to death with a sock full of batteries. So, if we want to talk about barbaric or visions of terror, I think we should remember who the death penalty is typically reserved for."

Local News 8 has included the complete text of the bill below.