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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1298
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
SELF
-
DEFENSE;
AMENDING
CHAPTER
2,
TITLE
19,
IDAHO
CODE,
BY
THE
2
ADDITION
OF
A
NEW
SECTION
19
-
202B,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
3
REGARDING
IMMUNITY
AND
REIMBURSEMENT
FOR
JUSTIFIABLE
HOMICIDE
AND
DE
-
4
FENSE
OF
SELF,
OTHERS,
AND
CERTAIN
PLACES;
PROVIDING
SEVERABILITY;
AND
5
DECLARING
AN
EMERGENCY.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Chapter
2,
Title
19,
Idaho
Code,
be,
and
the
same
is
8
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
9
ignated
as
Section
19
-
202B,
Idaho
Code,
and
to
read
as
follows:
10
19
-
202B.
IMMUNITY
AND
REIMBURSEMENT
FOR
JUSTIFIABLE
HOMICIDE
AND
DE
-
1
1
FENSE
OF
SELF,
OTHERS,
AND
CERTAIN
PLACES.
(1)
As
used
in
this
section:
12
(a)
"Criminal
prosecution"
includes
arresting,
detaining
in
custody,
13
and
charging
or
prosecuting
the
defendant.
14
(b)
"Expunge"
or
"expungement"
means
to
destroy,
delete,
or
erase
a
15
criminal
history
record
as
appropriate
for
the
record's
physical
or
16
electronic
form
or
characteristic
so
that
the
record
is
permanently
17
irretrievable.
18
(c)
"Law
enforcement
officer"
means
any
court
personnel,
sheriff,
19
constable,
peace
officer,
state
police
officer,
correctional
officer,
20
probation
or
parole
official,
prosecuting
attorney,
city
attorney,
or
21
attorney
general,
or
their
employees
or
agents,
or
any
other
person
22
charged
with
the
duty
of
enforcement
of
the
criminal,
traffic,
or
penal
23
laws
of
this
state
or
any
other
law
enforcement
personnel
or
peace
offi
-
24
cer
as
defined
in
chapter
51,
title
19,
Idaho
Code.
25
(d)
"Person"
means
a
natural
person,
legal
corporation,
limited
li
-
26
ability
corporation,
partnership,
sole
proprietorship,
or
any
other
27
business
entity
recognized
by
the
state
of
Idaho.
28
(e)
"Public
office
or
agency"
shall
have
the
same
meaning
as
the
defini
-
29
tion
of
"public
official"
in
section
74
-
101,
Idaho
Code.
30
(f)
"Use
of
force"
includes
deadly
force
or
the
attempted
or
threatened
31
use
of
force.
32
(2)
A
person
who
uses
force
as
justified
in
section
18
-
4009,
Idaho
Code,
33
or
as
otherwise
permitted
in
sections
19
-
201
through
19
-
205,
Idaho
Code,
34
shall
be
immune
from
any
criminal
prosecution
for
the
use
of
such
force
or
35
threat
of
force.
36
(3)
For
any
use
of
force
described
in
subsection
(2)
of
this
section:
37
(a)
A
law
enforcement
officer
may
exercise
his
constitutionally
enu
-
38
merated
powers
to
facilitate
an
impartial
investigation
of
the
use
of
39
force
incident;
40
(b)
A
law
enforcement
officer
may
not
arrest
the
person
alleged
to
have
41
used
or
threatened
to
use
force
without
first
obtaining
a
valid
warrant
42
2
unless
exigent
circumstances
exist.
The
warrant
must
state
that
there
1
is
probable
cause
that
the
force
threatened
or
used
was
unlawful;
and
2
(c)
If
an
arrest
and
detention
is
made
pursuant
to
the
provisions
of
3
this
subsection,
the
arrestee
may
not
be
held
for
more
than
twenty
-
four
4
(24)
hours
without
an
opportunity
to
make
bail
or
post
bond,
pursuant
to
5
the
Idaho
bail
act,
chapter
29,
title
19,
Idaho
Code.
6
(4)
Upon
motion
to
the
court,
a
pretrial
immunity
hearing
must
be
held
7
within
fourteen
(14)
days.
A
single
thirty
(30)
day
continuance
for
good
8
cause
may
be
granted
only
in
a
criminal
proceeding
and
only
if
the
defendant
9
is
out
on
bail.
The
motion
shall
be
styled
as
a
motion
for
summary
adjudica
-
10
tion
and
may
be
made
during
any
probable
cause
hearing
or
after
a
grand
jury
1
1
indictment.
Grounds
for
the
motion
shall
be
a
justified
use
of
force.
Once
12
the
moving
party
makes
a
prima
facie
showing
of
justifiable
use
of
force
un
-
13
der
Idaho
law,
the
burden
shall
shift
to
the
nonmoving
party.
14
(a)
In
a
criminal
proceeding,
the
court
shall
grant
the
motion
for
im
-
15
munity
and
dismiss
the
indictment
or
information
unless
the
nonmoving
16
party
proves
beyond
a
reasonable
doubt
that
there
is
a
sufficient
ev
-
17
identiary
dispute
for
the
case
to
move
forward
to
trial.
If
the
court
18
denies
the
motion,
such
denial
shall
be
inadmissible
in
any
subsequent
19
criminal
or
civil
trial.
20
(b)
In
a
civil
proceeding,
the
court
shall
dismiss
any
claim,
counter
-
21
claim,
or
defense
predicated
on
unlawful
use
of
force,
unless
the
non
-
22
moving
party
establishes
by
clear
and
convincing
evidence
that
there
is
23
a
sufficient
evidentiary
dispute
for
the
case
to
move
forward.
If
the
24
court
denies
the
motion,
such
denial
shall
be
inadmissible
to
the
trier
25
of
fact
in
any
subsequent
trial.
26
(c)
The
dismissal
in
a
criminal
action
shall
be
provisionally
deemed
to
27
be
with
prejudice
unless
new
evidence
is
discovered
that
the
prosecut
-
28
ing
agency
did
not
know,
or
have
reason
to
know,
existed
at
the
time
of
29
the
dismissal.
The
timeliness
of
the
new
evidence
may
be
raised
during
a
30
renewed
motion
for
immunity.
31
(d)
The
dismissal
in
a
civil
action
shall
be
deemed
to
be
with
prejudice
32
and
shall
have
the
full
effects
of
res
judicata
and
collateral
estoppel.
33
(e)
The
moving
party
in
either
type
of
action
may,
but
need
not,
testify
34
at
the
hearing.
Both
the
prima
facie
case
and
any
rebuttal
to
the
non
-
35
moving
party's
case
may
be
made
with
any
admissible
evidence.
36
(5)(a)
When
a
person
subject
to
criminal
prosecution
is
found
not
37
guilty
of
a
crime
or
has
had
charges
dismissed
by
reason
of
justified
use
38
of
force
or
threat
of
force
pursuant
to
section
18
-
4009,
Idaho
Code,
or
39
sections
19
-
201
through
19
-
205,
Idaho
Code,
the
county
where
the
person
40
was
arrested
or
was
subject
to
criminal
prosecution
shall
reimburse
the
41
defendant
for
all
reasonable
costs,
including
but
not
limited
to
com
-
42
pensatory
damages,
loss
of
time,
legal
fees,
including
any
expungement
43
under
this
or
any
other
section,
and
other
expenses
incurred
during
the
44
proceedings.
45
(b)
Such
reimbursement
shall
not
be
an
independent
cause
of
action.
If
46
the
trier
of
fact
makes
a
determination
of
self
-
defense,
the
judge
shall
47
determine
the
amount
of
the
award.
48
(c)(i)
When
a
person
subject
to
criminal
prosecution
is
found
not
49
guilty
of
a
crime
or
has
had
all
charges
dismissed
by
reason
of
jus
-
50
3
tified
use
of
force
or
threat
of
force
pursuant
to
section
18
-
4009,
1
Idaho
Code,
or
sections
19
-
201
through
19
-
205,
Idaho
Code,
the
2
court
shall
order
that
the
criminal
history
records
taken
in
con
-
3
nection
with
the
criminal
prosecution
be
expunged.
The
court
4
shall
send
notice
of
the
order
of
expungement
to
each
public
office
5
or
agency
that
the
court
has
reason
to
believe
may
have
a
record
6
pertaining
to
the
criminal
prosecution
that
is
the
subject
of
the
7
order
of
expungement.
8
(ii)
If
the
court
enters
an
order
of
expungement,
then
the
arrest
9
and
all
other
proceedings
that
are
the
subject
of
the
order
of
ex
-
10
pungement
shall
be
considered
not
to
have
occurred,
and
the
crim
-
1
1
inal
history
records
taken
in
connection
with
the
criminal
pros
-
12
ecution
shall
be
expunged.
The
criminal
history
records
that
are
13
expunged
shall
not
be
used
against
the
person
granted
expungement
14
for
any
purpose.
15
(iii)
Upon
the
entry
of
an
order
of
expungement
pursuant
to
this
16
section,
the
person
granted
expungement
shall
be
deemed
to
have
17
never
been
arrested,
detained
in
custody,
charged,
or
prosecuted
18
with
respect
to
the
matters
that
are
the
subject
of
the
order
of
ex
-
19
pungement,
and
the
person
granted
expungement
may
so
swear
under
20
oath.
21
(iv)
All
records
regarding
a
motion
for
expungement
conducted
in
22
accordance
with
the
provisions
of
this
section
that
are
in
the
cus
-
23
tody
of
the
court
shall
be
sealed,
and
all
references
to
an
ar
-
24
rest
or
prosecution
resulting
in
dismissal
or
acquittal
shall
be
25
removed
from
all
indices
and
records
available
to
the
public.
A
26
special
index
of
the
expungement
proceedings
and
records
shall
be
27
kept
by
the
court
ordering
the
expungement
but
shall
not
be
avail
-
28
able
to
the
public
and
shall
be
revealed
only
to
the
person
granted
29
expungement
or
upon
order
of
a
court
of
competent
jurisdiction.
30
(6)
Whenever
the
issue
of
justified
use
of
force
or
threat
of
force
un
-
31
der
this
section
is
decided
by
a
judge,
the
judge
shall
consider
the
same
32
question
as
must
be
answered
in
the
special
verdict
pursuant
to
subsection
33
(7)
of
this
section.
34
(7)
Whenever
the
issue
of
justified
use
of
force
or
threat
of
force
un
-
35
der
this
section
has
been
submitted
to
a
jury,
and
the
jury
has
found
the
36
defendant
not
guilty,
the
court
shall
instruct
the
jury
to
return
a
special
37
verdict
in
substantially
the
following
form:
"Was
the
finding
of
not
guilty
38
based
upon
self
-
defense?
(answer
yes
or
no)."
39
(8)
Nothing
in
this
section
shall
be
construed
to
limit
or
impair
any
40
defense
to
civil
or
criminal
liability
otherwise
available.
41
(9)
All
judicial
proceedings
that
are
currently
pending
or
were
con
-
42
cluded
within
the
twelve
(12)
months
preceding
the
effective
date
of
this
act
43
shall
qualify
for
judicial
relief
pursuant
to
this
section.
44
SECTION
2.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
declared
45
to
be
severable
and
if
any
provision
of
this
act
or
the
application
of
such
46
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
reason,
47
such
declaration
shall
not
affect
the
validity
of
the
remaining
portions
of
48
this
act.
49
4
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
2
passage
and
approval.
3