Senator Payne Advances Execution Reform Package to Ensure Lawful Sentences Are Carried Out
FOR IMMEDIATE RELEASE
Thursday, February 19, 2026
PHOENIX, ARIZONA— Senate Public Safety Committee Chairman Kevin Payne is advancing legislation to restore certainty to Arizona's death penalty system, moving forward a constitutional amendment and companion legislation to ensure the state can carry out lawful executions after years of delays caused by litigation, drug shortages, and failed execution protocols.
SB 1751 and SCR 1049 add firing squad as a lawful method of execution in Arizona's constitution, in addition to giving condemned inmates a choice of preferred method, and ensuring executions can proceed when one option becomes unavailable or is blocked by the courts.
"Arizona juries impose the death penalty only in the most egregious cases after lengthy trials and appeals," said Senator Payne. "When a lawful sentence is handed down, the state has an obligation to carry it out. These reforms make sure justice is not indefinitely delayed because of drug shortages, legal obstacles, or administrative uncertainty."
Arizona has faced years of complications carrying out executions. Legal challenges surrounding lethal injection protocols, difficulty obtaining execution drugs from manufacturers, and procedural disputes have repeatedly halted executions, leaving death sentences in limbo and forcing victims' families to wait for final resolution. Even after executions resumed, litigation over drug sourcing and administration methods has continued to create uncertainty about whether sentences can be carried out as ordered.
SCR 1049 proposes a constitutional amendment, subject to voter approval, allowing a defendant sentenced to death to choose between firing squad, lethal injection, or lethal gas. If a defendant does not choose a method, lethal injection becomes the default. The measure also establishes firing squad as the required method of execution for individuals convicted of murdering a law enforcement officer when the offender knew or should have known the victim was acting in the line of duty. The resolution further ensures executions may proceed using any lawful available method if another option is invalidated by an unappealable court order or becomes unavailable at the time of execution.
SB 1751 makes conforming statutory changes to Arizona law by formally authorizing execution by firing squad and aligning state statute with the proposed constitutional amendment. The bill maintains confidentiality protections for execution personnel and clarifies that professional licensing boards may not suspend or revoke licenses solely because an individual participates in carrying out a lawful execution. The legislation takes effect only if voters approve the constitutional amendment contained in SCR 1049.
Courts have repeatedly upheld firing squad executions as constitutional, and the method provides a clear alternative when lethal injection drugs are unavailable or subject to legal challenge. Five states currently have laws allowing for firing squads.
"Arizona's death penalty system has been stuck in legal and procedural limbo for too long," said Senator Payne. "This proposal establishes clear, constitutional options so lawful sentences can be carried out without years of uncertainty and delay."
The measures passed Senate Public Safety Committee Wednesday with Republican support. If approved by the Legislature and voters, the measures will provide Arizona with a durable execution framework designed to withstand legal challenges.
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For more information, contact:
Kim Quintero
Director of Communications | Arizona State Senate Republican Caucus