TallyIDAHOLegislative Tracker
S12982026 Regular Session

Adds to existing law to establish provisions regarding immunity and reimbursement for justifiable homicide and defense of self, others, and certain places.

SELF-DEFENSE -- Adds to existing law to establish provisions regarding immunity and reimbursement for justifiable homicide and defense of self, others, and certain places.

SELF-DEFENSE

STATEMENT OF PURPOSE

The proposed legislation created Idaho Code §19-202B to provide strong legal protections for individuals who useforceinlawfulself-defense,defenseofothers,ordefenseofcertainplaces. Itgrantsimmunityfromcriminal prosecution when force is justified under existing Idaho statutes and limits law enforcement's ability to arrest without a warrant unless exigent circumstances exist. As the bill states, a person using justified force "shall be immune from any criminal prosecution for the use of such force or threat of force." To ensure this immunity is applied early, the bill requires courts to hold a pretrial immunity hearing within fourteen days of a defendant's motion. Once the defendant makes a prima facie showing of justified force, the burden shifts to the state in criminal cases and to the plaintiff in civil cases. If those parties cannot meet their respective burdens, the court must dismiss the case. These procedures are designed to prevent individuals who acted lawfully from being subjected to prolonged criminal or civil proceedings. The bill also mandates reimbursement for defendants who are acquitted or have charges dismissed due to justified self-defense. Counties must cover reasonable costs such as legal fees, loss of time, and related expenses. In addition, the legislation requires full expungement of all criminal history records associated with such cases, and once expunged, the person is legally considered never to have been arrested or prosecuted. This ensures that individuals who acted within the law do not face lasting consequences from an arrest or charge that should not have occurred.

LATEST ACTION

Reported Printed; referred to State Affairs

BILL INFO

Session
2026
Chamber
senate
Status date
Feb 16, 2026

DOCUMENTS

LINKS

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