Death penalty options expanded in proposed Arizona bills

PHOENIX — Arizona lawmakers advanced proposals on Feb. 19, 2026, that would expand execution options for death row inmates to include firing squads and lethal gas, amid ongoing challenges with lethal injection and concerns over carrying out capital sentences.

The measures, sponsored by Sen. Kevin Payne, R-Peoria, cleared a Senate committee with a party-line vote. They aim to give condemned inmates more choices while mandating firing squad executions for those convicted of murdering law enforcement officers.

Senate Concurrent Resolution 1049 proposes a constitutional amendment that Arizona voters would decide in November. If approved, it would allow defendants sentenced to death to select from three methods: firing squad, lethal injection (intravenous administration of lethal substances) or lethal gas. Lethal injection would remain the default if no choice is made.

For defendants convicted of killing a law enforcement officer — when the defendant knew or should have known the victim was on duty — the bill requires execution by firing squad, with no option to choose otherwise.

The resolution specifies that firing squad executions would involve at least three volunteer shooters and include one blank round among the rifles. Executions must take place within state prison facilities. If a chosen method becomes unavailable or is ruled unconstitutional, the inmate could select another available option; if none remain viable, the sentence would proceed by any lawful means.

A companion measure, Senate Bill 1751, would codify similar provisions into state statute but would only take effect if voters approve the constitutional change in SCR 1049.

The bills address difficulties states have faced obtaining lethal injection drugs and occasional botched executions using that method. Arizona's current protocol, updated in recent years, authorizes lethal injection as the primary method, with lethal gas as an alternative for certain older cases. No executions have occurred in the state since a controversial 2022 lethal injection that raised questions about the process.

Payne and supporters argue the changes ensure lawful death sentences can be carried out reliably, particularly in cases involving attacks on police. The senator described the package as "execution reform" to protect public safety and respect jury verdicts.

Opponents, including death penalty critics and some legal experts, raised concerns during the committee hearing about the constitutionality of mandatory firing squads and potential violations of cruel and unusual punishment protections under the Eighth Amendment. They also questioned whether expanding methods would truly resolve drug shortages or simply introduce new logistical and ethical issues.

The proposals follow similar efforts in other states. Several have authorized or used firing squads in recent years as alternatives to lethal injection, while nitrogen hypoxia — a form of lethal gas — has been adopted elsewhere but is not explicitly detailed in Arizona's current bills beyond "lethal gas."

Both measures now head to further Senate consideration. If SCR 1049 advances through the Legislature, it would appear on the 2026 general election ballot without needing the governor's signature, as constitutional amendments proposed by the Legislature go directly to voters.

Arizona has 110 people on death row as of early 2026, though the state has executed only a handful since reinstating capital punishment in the modern era. The last execution took place in 2022.

Source: DPN, Staff, Agencies, AI, February 20, 2026

"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde

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