Missoula, Mont. — A new bill that could bring the death penalty back to Montana took a significant step forward this week, passing through a committee vote with a narrow margin of 11 in favor and 9 opposed. House Bill 205, which will now proceed to the floor for debate, aims to modify the state’s lethal injection protocol in hopes of resuming executions.
The bill seeks to address complications that have arisen since a 2015 court ruling blocked the use of pentobarbital, a drug that the state had intended to use for lethal injections. The ruling determined that pentobarbital did not meet the criteria of being an “ultra-fast-acting” barbiturate. As a result, Montana has struggled to obtain suitable drugs for executions. HB 205 proposes a broader method, allowing the use of an intravenous injection of substances in a lethal quantity sufficient to cause death, rather than being limited to the specific fast-acting barbiturates previously required.
Rep. Steven Kelly (R-Kalispell), who supports the bill, criticized what he sees as government inefficiency in the current system. “This smack of government inefficiency, frankly, so I will vote for this bill,” he remarked during the committee meeting.
However, opponents of the bill raised concerns about its potential consequences. Rep. Alanah Griffith (D-Big Sky) pointed out the high costs associated with death penalty cases, noting that they can place a heavy financial burden on the state. “We know that death row cases cost a lot of money to our people. A lot,” Griffith said. She questioned whether the reinstatement of the death penalty aligns with the interests of Montana voters, suggesting that it may not be a sensible move in the current climate.
Beyond the financial implications, critics also expressed concern about the potential for cruel and unusual punishment. There are fears that revising the execution protocol could lead to botched executions or unnecessary suffering for those being put to death.
The debate over the death penalty in Montana has been ongoing for years. Although similar bills were introduced in 2021 and 2023, both failed to pass. The last execution in the state took place in 2006, and there are currently two inmates on death row.
As the bill heads to the floor for further debate, it is clear that the discussion surrounding capital punishment in Montana is far from settled. Proponents argue that it is a necessary tool for justice, while opponents remain steadfast in their belief that the costs and ethical concerns outweigh any potential benefits. With emotions running high on both sides, Montana’s lawmakers will soon have to decide whether to reinstate the death penalty or let the issue fade once again into the background.
