By Ruth Brown, Idaho Reports
With limited debate on Thursday, the Idaho House of Representatives moved forward a bill to make the firing squad Idaho’s primary form of execution, in a 58-11 vote with only two Republicans voting against it.
House Bill 37 would change Idaho law from lethal injection being the primary method of execution to the firing squad. Rep. Bruce Skaug, R-Nampa, sponsored the bill saying lethal injection has been tied up in litigation for years by death row inmates and he believes the firing squad is more humane.
“This bill is not about whether Idaho should use the death penalty or not. That is already the law,” Skaug said. “In my view the firing squad is a more a humane way to execute those on death row because it is quick, it is certain.”
Skaug said he believed there would be fewer appellate litigation attempts and fewer failed attempts if the state used the firing squad.
The Idaho Department of Correction failed to carry out the execution of 74-year-old Thomas Creech on Feb. 28, 2024, after the medical team could not establish an IV line to carry out the by lethal injection. Creech remains in IDOC custody.
Should the bill pass, it will not go into effect until after July 1, 2026. IDOC must still remodel an existing facility before a death by firing squad execution may take place.
The bill leaves the policy around executions to the discretion of the IDOC Director, who is currently Josh Tewalt. The department has a policy and procedure for implementing the firing squad, but it is not public yet.
“He plans to use a mechanized version of the firing squad, so there won’t be a line-up of people holding rifles,” Skaug said about Tewalt’s plans. “It will be button-activated.”
It’s still unclear what the mechanized system would look like, such as what caliber of bullets would be used or how the condemned person would be restrained.
In debate, Rep. Steve Berch, D-Boise, stood in opposition to the bill and referenced legislation introduced Wednesday that could make women who have abortions in Idaho guilty of murder. The abortion bill, introduced by Sen. Brandon Shippy, R-New Plymouth, has not had a full public hearing.
“The prospect of potentially executing a woman who has an abortion by firing squad is not my definition of humane,” Berch said.
Berch also pointed to the Idaho GOP platform, which many members of the House have signed onto, that states abortion is murder.
The two Republicans to vote “no” were Rep. Lori McCann, R-Lewiston, and Rep. Benjamin Goode, who is serving as a substitute this week for Rep. Josh Wheeler, R- Ammon.
McCann told Idaho Reports after the vote she said “wasn’t sure this was the most humane option.” When Idaho legalized the firing squad as a secondary option, McCann said she only supported it because the necessary chemicals for lethal injection were unavailable.
The bill must also pass the Senate to reach the Governor’s desk.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.