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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
679
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
DEFENSE
OF
SELF
OR
OTHERS,
MOTOR
VEHICLES,
AND
PUBLIC
ASSEMBLIES
2
ON
ROADS;
AMENDING
SECTION
19
-
202A,
IDAHO
CODE,
TO
REVISE
A
PROVISION
3
REGARDING
DEFENSE
OF
SELF
OR
OTHERS
AND
TO
PROVIDE
FOR
OPERATORS
OF
A
4
MOTOR
VEHICLE;
AMENDING
TITLE
67,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
5
CHAPTER
34,
TITLE
67,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
6
PUBLIC
ASSEMBLIES
ON
ROADS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
7
EFFECTIVE
DATE.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
That
Section
19
-
202A,
Idaho
Code,
be,
and
the
same
is
hereby
10
amended
to
read
as
follows:
1
1
19
-
202A.
DEFENSE
OF
SELF,
OTHERS
AND
CERTAIN
PLACES.
(1)
No
person
in
12
this
state
shall
be
placed
in
legal
jeopardy
of
any
kind
whatsoever
for
pro
-
13
tecting
himself
or
his
family
others
by
reasonable
means
necessary,
or
when
14
coming
to
the
aid
of
another
whom
he
reasonably
believes
to
be
in
imminent
15
danger
of
or
the
victim
of
aggravated
assault,
robbery,
rape,
murder
or
other
16
heinous
crime.
17
(2)
The
defense
of
self
or
of
another
does
not
require
a
person
to
wait
18
until
he
or
she
ascertains
whether
the
danger
is
apparent
or
real.
A
person
19
confronted
with
such
danger
has
a
clear
right
to
act
upon
appearances
such
as
20
would
influence
the
action
of
a
reasonable
person.
21
(3)
In
the
exercise
of
the
right
of
self
-
defense
or
defense
of
another,
22
a
person
need
not
retreat
from
any
place
that
person
has
a
right
to
be.
A
per
-
23
son
may
stand
his
ground
and
defend
himself
or
another
person
by
the
use
of
24
all
force
and
means
which
would
appear
to
be
necessary
to
a
reasonable
per
-
25
son
in
a
similar
situation
and
with
similar
knowledge
without
the
benefit
of
26
hindsight.
The
provisions
of
this
subsection
shall
not
apply
to
a
person
in
-
27
carcerated
in
jail
or
prison
facilities
when
interacting
with
jail
or
prison
28
staff
who
are
acting
in
their
official
capacities.
29
(4)
In
exercising
the
right
of
self
-
defense
or
defense
of
another,
a
mo
-
30
tor
vehicle
operator
shall
have
no
criminal
liability
for
injuries
to,
death
31
of,
or
damage
to
property
of
any
person
the
operator
reasonably
believes
is
32
attempting,
or
is
aiding
and
abetting
an
attempt,
to
commit
aggravated
as
-
33
sault,
robbery,
rape,
kidnapping,
murder,
or
other
heinous
crime
on
the
op
-
34
erator
or
any
occupants
of
the
vehicle.
The
operator
in
such
a
situation
may
35
use
the
vehicle
as
a
means
of
defense
and
escape
in
any
way
that
would
appear
36
to
be
necessary
to
a
reasonable
person
in
a
similar
situation
and
with
simi
-
37
lar
knowledge
without
the
benefit
of
hindsight.
38
(4)
(5)
In
any
prosecution
for
the
unlawful
use
of
force,
including
39
deadly
force,
or
the
attempted
or
threatened
use
of
force
contrary
to
title
40
18,
Idaho
Code,
the
burden
is
on
the
prosecution
to
prove
beyond
a
reasonable
41
2
doubt
that
the
use
of
force,
attempted
use
of
force
or
threat
to
use
force
was
1
not
justifiable.
2
(5)
(6)
A
person
using
force
or
deadly
force
in
defense
of
a
habitation,
3
place
of
business
or
employment
or
occupied
vehicle
as
defined
in
section
4
18
-
4009(3),
Idaho
Code,
is
presumed
to
have
acted
reasonably
and
had
a
rea
-
5
sonable
fear
of
imminent
peril
of
death
or
serious
bodily
injury
if
the
force
6
is
used
against
a
person
whose
entry
or
attempted
entry
therein
is
unlaw
-
7
ful
and
is
made
or
attempted
by
use
of
force,
or
in
a
violent
and
tumultuous
8
manner,
or
surreptitiously
or
by
stealth,
or
for
the
purpose
of
committing
a
9
felony.
10
SECTION
2.
That
Title
67,
Idaho
Code,
be,
and
the
same
is
hereby
amended
1
1
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
12
ter
34,
Title
67,
Idaho
Code,
and
to
read
as
follows:
13
CHAPTER
34
14
PUBLIC
ASSEMBLIES
ON
ROADS
15
67
-
3401.
LEGISLATIVE
PURPOSE
AND
INTENT.
The
legislature
affirms
that
16
the
right
of
the
public
to
peacefully
assemble
is
among
the
most
fundamen
-
17
tal
of
all
rights
and
necessary
in
a
free
society.
At
the
same
time,
the
18
legislature
recognizes
that
assemblies
on
roads,
especially
high
-
traffic
19
or
high
-
speed
roads,
may
create
safety
hazards
both
for
those
assembling
20
and
for
other
users
of
the
road.
In
enacting
this
chapter,
the
legislature
21
intends
to
protect
public
safety
while
upholding
the
importance
of
public
22
roads
as
a
traditional
forum
for
public
assembly.
23
67
-
3402.
DEFINITIONS.
As
used
in
this
chapter:
24
(1)
"Public
assembly"
means
a
group
of
persons
organized
and
united
for
25
a
common
purpose
in
a
public
setting.
26
(2)
"Public
entity"
means
the
state
of
Idaho
or
any
political
subdi
-
27
vision
thereof,
including
all
boards,
commissions,
agencies,
institutions,
28
authorities,
and
bodies
corporate
and
politic
of
the
state,
created
by
or
in
29
accordance
with
state
law
or
regulations.
30
(3)
"Public
street"
or
"highway"
is
as
described
in
section
49
-
109(4),
31
Idaho
Code.
32
(4)
"Spontaneous
assembly"
means
a
public
assembly
on
or
alongside
a
33
public
road
for
which
a
permit
was
not
issued
in
accordance
with
a
policy
34
adopted
pursuant
to
the
provisions
of
this
chapter.
35
(5)
"Traffic"
is
as
defined
in
section
49
-
121,
Idaho
Code.
36
67
-
3403.
PERMIT
POLICY.
(1)
Each
public
entity
with
authority
to
close
37
public
streets
or
highways
shall
establish
a
policy
under
which
a
person
may
38
apply
for
a
permit
to
close
a
public
street
or
highway
for
the
purpose
of
a
39
public
assembly.
40
(2)
A
policy
adopted
pursuant
to
this
section
may
establish
reasonable
41
time,
place,
and
manner
restrictions
on
road
closures
but
may
not
discrimi
-
42
nate
based
on
the
purpose
of
the
public
assembly
or
the
viewpoint
of
a
permit
43
applicant,
except
as
provided
in
subsections
(3)
and
(4)
of
this
section.
44
(3)
A
public
entity
may
inquire
as
to
the
purpose
or
nature
of
a
public
45
assembly
to
determine:
46
3
(a)
Whether
an
assembly
would
be
unlawful
for
purposes
of
chapter
64,
1
title
18,
Idaho
Code;
and
2
(b)
Whether
peace
officers
may
need
to
be
present
to
protect
the
safety
3
of
assembly
participants
or
to
preserve
public
order.
4
(4)
Nothing
in
this
section
shall
be
construed
to:
5
(a)
Require
a
public
entity
to
provide
a
permit
for
an
unlawful
assem
-
6
bly;
7
(b)
Prevent
a
public
entity
with
authority
to
do
so
from
dispersing
an
8
unlawful
assembly;
or
9
(c)
Prevent
a
public
entity
with
authority
to
do
so
from
detaining,
ar
-
10
resting,
or
prosecuting
participants
in
an
unlawful
assembly.
1
1
67
-
3404.
SPONTANEOUS
ASSEMBLIES.
A
policy
adopted
pursuant
to
section
12
67
-
3403,
Idaho
Code,
shall
provide
that
participants
in
spontaneous
assem
-
13
blies:
14
(1)
May
not
block
or
otherwise
obstruct
traffic;
and
15
(2)
Shall
comply
with
all
applicable
laws,
ordinances,
and
regulations
16
for
persons
on
or
alongside
a
public
road.
17
67
-
3405.
PENALTIES.
(1)
A
participant
in
a
public
assembly
who
fails
18
to
comply
with
the
terms
of
a
permit
shall
be
guilty
of
a
misdemeanor
punish
-
19
able
by
imprisonment
in
the
county
jail
for
up
to
six
(6)
months,
a
fine
of
up
20
to
one
thousand
dollars
($1,000),
or
both
such
imprisonment
and
fine.
21
(2)
A
participant
in
a
spontaneous
assembly
who
fails
to
comply
with
an
22
applicable
law,
ordinance,
or
regulation
for
persons
on
or
alongside
a
pub
-
23
lic
street
or
highway
shall,
in
addition
to
any
other
penalty
prescribed
by
24
law,
ordinance,
or
regulation,
be
guilty
of
a
misdemeanor
punishable
by
a
25
fine
of
up
to
one
thousand
dollars
($1,000).
26
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
27
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
28
July
1,
2026.
29