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 ACT1 RELATING TO JUSTIFIABLE HOMICIDE; AMENDING SECTION 18-4009, IDAHO CODE, TO2 REVISE A PROVISION REGARDING JUSTIFIABLE HOMICIDE; AND DECLARING AN3 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 hereby6 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 a10 felony, or to do some great bodily injury upon any person;11 (b) When committed in defense of habitation, a place of business or12 employment, occupied vehicle, property or person, against one who13 manifestly intends or endeavors, by violence or surprise, to commit a14 felony, or against one who manifestly intends and endeavors, in a vio-15 lent, riotous or tumultuous manner, to enter the habitation, place of16 business or employment or occupied vehicle of another for the purpose of17 offering violence to any person therein;18 (c) When committed in the lawful defense of such person, or of a wife19 or husband, parent, child, master, mistress or servant of such person20 another person, when there is reasonable ground to apprehend a design to21 commit a felony or to do some great bodily injury, and imminent danger of22 such design being accomplished; but such person, or the person in whose23 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 any25 further struggle before the homicide was committed; or26 (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 doing32 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 or36 conveyance is temporary or permanent, mobile or immobile, including a37 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 or39 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 or1 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 or3 agent of the owner with responsibility for protecting persons and prop-4 erty and shall include the interior and exterior premises of the place5 of business or employment.6 (c) "Vehicle" means any motorized vehicle that is self-propelled and7 designed for use on public highways to transport people or property.8

SECTION 2. An emergency existing therefor, which emergency is hereby9 declared to exist, this act shall be in full force and effect on and after10 July 1, 2026.11