JUSTIFIABLE HOMICIDE – Amends existing law to revise a provision regarding justifiable homicide.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
579
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
JUSTIFIABLE
HOMICIDE;
AMENDING
SECTION
18
-
4009,
IDAHO
CODE,
TO
2
REVISE
A
PROVISION
REGARDING
JUSTIFIABLE
HOMICIDE;
AND
DECLARING
AN
3
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
18
-
4009,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
18
-
4009.
JUSTIFIABLE
HOMICIDE
BY
ANY
PERSON.
(1)
Homicide
is
justifi
-
8
able
when
committed
by
any
person
in
any
of
the
following
cases:
9
(a)
When
resisting
any
attempt
to
murder
any
person,
or
to
commit
a
10
felony,
or
to
do
some
great
bodily
injury
upon
any
person;
1
1
(b)
When
committed
in
defense
of
habitation,
a
place
of
business
or
12
employment,
occupied
vehicle,
property
or
person,
against
one
who
13
manifestly
intends
or
endeavors,
by
violence
or
surprise,
to
commit
a
14
felony,
or
against
one
who
manifestly
intends
and
endeavors,
in
a
vio
-
15
lent,
riotous
or
tumultuous
manner,
to
enter
the
habitation,
place
of
16
business
or
employment
or
occupied
vehicle
of
another
for
the
purpose
of
17
offering
violence
to
any
person
therein;
18
(c)
When
committed
in
the
lawful
defense
of
such
person,
or
of
a
wife
19
or
husband,
parent,
child,
master,
mistress
or
servant
of
such
person
20
another
person
,
when
there
is
reasonable
ground
to
apprehend
a
design
to
21
commit
a
felony
or
to
do
some
great
bodily
injury,
and
imminent
danger
of
22
such
design
being
accomplished;
but
such
person,
or
the
person
in
whose
23
behalf
the
defense
was
made,
if
he
was
the
assailant
or
engaged
in
mor
-
24
tal
combat,
must
really
and
in
good
faith
have
endeavored
to
decline
any
25
further
struggle
before
the
homicide
was
committed;
or
26
(d)
When
necessarily
committed
in
attempting,
by
lawful
ways
and
means,
27
to
apprehend
any
person
for
any
felony
committed,
or
in
lawfully
sup
-
28
pressing
any
riot,
or
in
lawfully
keeping
and
preserving
the
peace.
29
(2)
For
purposes
of
subsection
(1)(b)
of
this
section,
a
person
who
un
-
30
lawfully
and
by
force
or
by
stealth
enters
or
attempts
to
enter
a
habitation,
31
place
of
business
or
employment
or
occupied
vehicle
is
presumed
to
be
doing
32
so
with
the
intent
to
commit
a
felony.
33
(3)
For
purposes
of
this
section:
34
(a)
"Habitation"
means
any
building,
inhabitable
structure
or
con
-
35
veyance
of
any
kind,
whether
the
building,
inhabitable
structure
or
36
conveyance
is
temporary
or
permanent,
mobile
or
immobile,
including
a
37
tent,
and
is
designed
to
be
occupied
by
people
lodging
therein
at
night,
38
and
includes
a
dwelling
in
which
a
person
resides
either
temporarily
or
39
permanently
or
is
visiting
as
an
invited
guest,
and
includes
the
cur
-
40
tilage
of
any
such
dwelling.
41

2
(b)
"Place
of
business
or
employment"
means
a
commercial
enterprise
or
1
establishment
owned
by
a
person
as
all
or
part
of
the
person's
liveli
-
2
hood
or
is
under
the
owner's
control
or
under
control
of
an
employee
or
3
agent
of
the
owner
with
responsibility
for
protecting
persons
and
prop
-
4
erty
and
shall
include
the
interior
and
exterior
premises
of
the
place
5
of
business
or
employment.
6
(c)
"Vehicle"
means
any
motorized
vehicle
that
is
self
-
propelled
and
7
designed
for
use
on
public
highways
to
transport
people
or
property.
8
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
9
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
10
July
1,
2026.
1
1