Adds to existing law to establish provisions regarding the immigration status and nationality of arrested individuals.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 660 BY LOCAL GOVERNMENT COMMITTEE AN ACT1 RELATING TO THE IMMIGRATION STATUS AND NATIONALITY OF ARRESTED INDIVIDUALS;2 AMENDING CHAPTER 30, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SEC-3 TION 67-3015, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING THE IMMI-4 GRATION STATUS AND NATIONALITY OF ARRESTED INDIVIDUALS; AND DECLARING5 AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Chapter 30, Title 67, Idaho Code, be, and the same is8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-9 ignated as Section 67-3015, Idaho Code, and to read as follows:10 67-3015. IMMIGRATION STATUS AND NATIONALITY OF ARRESTED INDIVIDU-11 ALS. (1) As used in this section:12 (a) "Administration of criminal justice" means performance of any of13 the following activities: detection, apprehension, detention, pre-14 trial release, post-trial release, prosecution, adjudication, correc-15 tional supervision, or rehabilitation of accused persons or criminal16 offenders. The "administration of criminal justice" shall include17 criminal identification activities and the collection, storage, and18 dissemination of criminal history record information.19 (b) "Arrest" means taking a person into custody in the manner autho-20 rized by law by a peace officer or private citizen.21 (c) "Immigration status" means a person's legal right to be in the22 United States or lack thereof.23 (d) "Law enforcement agency" means any law enforcement agency of the24 state or any political subdivision of the state, including the Idaho25 state police and any municipal police department or county sheriff's26 department.27 (2) In the performance of the administration of criminal justice, all28 law enforcement agencies shall verify and record the immigration status and29 nationality of any arrested individual.30 (3) No later than October 1, 2026, each local, county, and state law en-31 forcement agency shall record and publish a biannual report containing: the32 immigration status and nationality of criminal offenders; crime statistics33 related to foreign nationals arrested in Idaho, including the number of in-34 admissible aliens investigated, apprehended, detained, and transferred to35 federal officials; the crimes for which such persons were arrested, if any;36 and any reason for noncompliance with the provisions of this section, if ap-37 plicable.38 (4) Local, county, and state law enforcement agencies that fail to39 comply with the provisions of this section may be subject to withholding of40 state funding for their agency.41

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SECTION 2. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after2 July 1, 2026.3