Amends existing law to define “electronic storage detection dog.”

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 654 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO POLICE DOGS; AMENDING SECTION 18-7039, IDAHO CODE, TO DEFINE A2 TERM AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY AND3 PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 18-7039, Idaho Code, be, and the same is hereby6 amended to read as follows:7 18-7039. KILLING AND OTHERWISE MISTREATING POLICE DOGS, POLICE8 HORSES, SEARCH AND RESCUE DOGS AND ACCELERANT DETECTION DOGS. (1) Defini-9 tions:10 (a) "Police dog" shall include:11 (i) "Bomb detection dog" means a dog trained to locate bombs or12 explosives by scent;13 (ii) "Electronic storage detection dog" means a dog trained to lo-14 cate electronic storage devices by scent;15 (ii) (iii) "Narcotic detection dog" means a dog trained to locate16 narcotics by scent;17 (iii) (iv) "Patrol dog" means a dog trained to protect a peace of-18 ficer and to apprehend a person;19 (iv) (v) "Tracking dog" means a dog trained to track and find a20 missing person, escaped inmate or fleeing felon.21 (b) "Police horse" means any horse which that is owned, or the service22 of which is employed, by a law enforcement agency for the principal pur-23 pose of aiding in detection of criminal activity, enforcement of laws24 and apprehension of offenders.25 (c) "Search and rescue dog" means a dog which that is trained to locate26 lost or missing persons, victims of natural or man-made disasters, and27 human bodies.28 (d) "Accelerant detection dog" means a dog which that is used exclu-29 sively for accelerant detection, commonly referred to as arson canines.30 (2) The provisions of this section shall apply to police dogs and police31 horses used by peace officers, including any used by a corrections officer32 in the performance of the officer's duties, and to search and rescue dogs and33 accelerant detection dogs used by peace officers or certified handlers under34 the supervision of a peace officer. The provisions of this section shall ap-35 ply when the animals are on duty and when not on duty.36 (3) Any person who willfully and maliciously and with no legal justifi-37 cation, and with intent to inflict such injury or death, personally causes38 the death, destruction, or serious physical injury, including bone frac-39 ture, loss or impairment of function of any bodily organ, wounds requiring40 extensive suturing, or serious crippling, of any police dog, police horse,41 search and rescue dog or accelerant detection dog, shall be guilty of a42

2 felony under this section and shall be punished by imprisonment in the state1 penitentiary for a period not to exceed five (5) years, or by a fine not to ex-2 ceed ten thousand dollars ($10,000), or by both such fine and imprisonment.3 (4) Any person who willfully, maliciously and with no legal justifica-4 tion, throws, hurls or projects at a police dog, police horse or search and5 rescue dog, any rock, object or other substance which that is used in such a6 manner as to be capable of producing injury and likely to produce injury or7 kicks, strikes, beats, or torments any police dog, police horse or search and8 rescue dog is guilty of a misdemeanor and shall be punished by imprisonment9 for not more than one (1) year or by a fine not exceeding one thousand dollars10 ($1,000), or by both such fine and imprisonment.11 (5) Any person who willfully and maliciously and with no legal justifi-12 cation, interferes with or obstructs any police dog, police horse or search13 and rescue dog being used by any peace officer in the discharge of the offi-14 cer's duties by teasing, agitating, or harassing such animals, or who causes15 another person or persons, animal or animals, to do likewise, is guilty of a16 misdemeanor and shall be punished by imprisonment for not more than one (1)17 year or by a fine not exceeding one thousand dollars ($1,000), or by both such18 fine and imprisonment.19 (6) In any case in which a defendant is convicted of a violation of the20 provisions of this section, the defendant shall be ordered to make resti-21 tution to the agency owning the animal and employing the peace officer for22 any veterinary bills, replacement costs of the animal if it is disabled or23 killed, and the salary of the peace officer for the period of time his or her24 services are lost to the agency.25 (7) The provisions of this subsection do not apply to peace officers26 or veterinarians who terminate the life of such a police dog, police horse27 or search and rescue dog for the purpose of relieving the police dog, police28 horse or search and rescue dog of undue pain or suffering.29

SECTION 2. An emergency existing therefor, which emergency is hereby30 declared to exist, this act shall be in full force and effect on and after31 July 1, 2026.32