SCR1049 is a proposed constitutional amendment that would revise Arizona’s death penalty provision to give a person sentenced to death the choice among three execution methods: firing squad, lethal injection, or lethal gas. If the defendant does not choose, lethal injection would be the default method. The measure also provides that if a chosen method is later invalidated by a court order or is unavailable in the state, the defendant may select from the remaining lawful options, and if no chosen option is available, death may be carried out by any lawful means available.
The resolution further specifies that lethal injection and lethal gas must be administered under procedures prescribed by law, while firing squad executions would require at least three volunteer shooters, one blank round, and execution within the state prison. Because this is a concurrent resolution proposing a constitutional amendment, it would not change the constitution on its own; it would place the question before voters at the next general election if approved by the Legislature and signed by the Governor, followed by voter ratification and a gubernatorial proclamation.
Impact
If enacted by voters, SCR1049 would amend Article XXII, Section 22 of the Arizona Constitution and alter the legal framework governing capital punishment in the state. It would expand the list of authorized execution methods, create a default method when no choice is made, and establish fallback rules if a method becomes unavailable or is struck down. The measure would affect death-sentenced defendants, the Department of Corrections or other execution authorities, and the statutory procedures governing how executions are carried out in Arizona.
Sentiment
The bill appears to have received mixed but generally advancing support in committee and on the floor. It passed the Senate Public Safety Committee and Senate Rules Committee, moved through Committee of the Whole, and received a 16-9 vote on third reading in the Senate, followed by a favorable House Judiciary Committee vote. The voting pattern suggests a majority of lawmakers supported sending the proposal to voters, though not without meaningful opposition.
Contention
The main point of contention is the method of execution, especially the addition of firing squad and the continued use of lethal gas alongside lethal injection. Supporters likely view the measure as providing clearer, more flexible options if one method is unavailable or legally challenged, while opponents may object on moral, constitutional, or practical grounds to expanding or preserving multiple execution methods. The vote margins indicate that capital punishment policy itself, and the optics and administration of firing squad executions, are the likely sources of disagreement.