Idaho House passes firing squad bill

BOISE — With very little debate, the Idaho House overwhelmingly voted to pass HB 37, which would make the firing squad the state’s primary method of execution.

Currently, the state’s main method of execution is lethal injection. In 2023, the Legislature added the firing squad as a secondary method.

“In my view, the firing squad is a more humane way to execute those on death row because it is quick, it is certain, it brings justice for the victims and their families in a more expeditious manner,” Bill sponsor Rep. Bruce Skaug, R-Nampa, said Thursday on the House floor.

During the previously held committee hearing on the bill, the failed execution of Thomas Creech in February 2024 was underscored as a reason for switching the primary method, the Idaho Press reported. The 2022 canceled death warrant of Gerald Pizzuto due to lack of chemicals needed for lethal injection was also highlighted.

Idaho currently has nine inmates on death row.

If passed, Idaho would likely become the only state to use firing squad as its primary method of execution. Currently, five states, including Idaho, authorize the method, but in all of them there is another method listed as the primary, data from the Death Penalty Information Center shows. All of these states except South Carolina — which has electric chair as its primary method with the option to choose death by firing squad or lethal injection if available — list lethal injection as the primary method.

Rep. John Gannon, D-Boise, noted that South Carolina recently was able to carry out an execution through lethal injection and also that he thought the cost for remodeling a room to use for the firing squad was becoming excessive.

The Legislature in 2023 provided the Idaho Department of Correction (IDOC) with $750,000 to remodel the F-Block in its maximum security facility in Boise for use of the firing squad. The agency has spent $313,915 so far on imaging, design and engineering, and the actual renovation is expected to cost another $952,589, according to an IDOC spokesperson. The agency does not plan to seek additional funds from the state.

Skaug said IDOC Director Josh Tewalt would be tasked with creating the policies around how the firing squad executions would be carried out, and that Tewalt told him it would be a mechanized process, rather than a line of people with guns.

House Assistant Minority Leader Steve Berch, D-Boise, also debated against the bill, saying that, “the prospect for potentially executing a woman who has an abortion by firing squad is not my definition of humane.”

Berch was likely referring to legislation introduced Wednesday that would add damage or death of a fetus or embryo to Idaho’s statutes on homicide. Under current Idaho law, the penalty for murder is always either life in prison or the death sentence.

There was no further debate on the bill.

The House voted 58-11 with one member absent to send HB 37, with Republican Reps. Lori McCann, Lewiston, and a substitute for Josh Wheeler, Ammon, joining all the Democrats in voting no.

HB 37 now heads to the Senate.

Guido covers Idaho politics for the Lewiston Tribune, Moscow-Pullman Daily News and Idaho Press of Nampa. She may be contacted at lguido@idahopress.com and can be found on Twitter @EyeOnBoiseGuido.

How they voted

Yes: Kyle Harris-R, Dale Hawkins-R, Brandon Mitchell-R, Heather Scott-R, Charlie Shepherd-R

No: Lori McCann-R