Amends and adds to existing law to revise a provision regarding defense of self or others, to provide for operators of a motor vehicle, and to establish provisions regarding public assemblies on roads.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 679 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO DEFENSE OF SELF OR OTHERS, MOTOR VEHICLES, AND PUBLIC ASSEMBLIES2 ON ROADS; AMENDING SECTION 19-202A, IDAHO CODE, TO REVISE A PROVISION3 REGARDING DEFENSE OF SELF OR OTHERS AND TO PROVIDE FOR OPERATORS OF A4 MOTOR VEHICLE; AMENDING TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW5 CHAPTER 34, TITLE 67, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING6 PUBLIC ASSEMBLIES ON ROADS; AND DECLARING AN EMERGENCY AND PROVIDING AN7 EFFECTIVE DATE.8

Be It Enacted by the Legislature of the State of Idaho:9

SECTION 1. That Section 19-202A, Idaho Code, be, and the same is hereby10 amended to read as follows:11 19-202A. DEFENSE OF SELF, OTHERS AND CERTAIN PLACES. (1) No person in12 this state shall be placed in legal jeopardy of any kind whatsoever for pro-13 tecting himself or his family others by reasonable means necessary, or when14 coming to the aid of another whom he reasonably believes to be in imminent15 danger of or the victim of aggravated assault, robbery, rape, murder or other16 heinous crime.17 (2) The defense of self or of another does not require a person to wait18 until he or she ascertains whether the danger is apparent or real. A person19 confronted with such danger has a clear right to act upon appearances such as20 would influence the action of a reasonable person.21 (3) In the exercise of the right of self-defense or defense of another,22 a person need not retreat from any place that person has a right to be. A per-23 son may stand his ground and defend himself or another person by the use of24 all force and means which would appear to be necessary to a reasonable per-25 son in a similar situation and with similar knowledge without the benefit of26 hindsight. The provisions of this subsection shall not apply to a person in-27 carcerated in jail or prison facilities when interacting with jail or prison28 staff who are acting in their official capacities.29 (4) In exercising the right of self-defense or defense of another, a mo-30 tor vehicle operator shall have no criminal liability for injuries to, death31 of, or damage to property of any person the operator reasonably believes is32 attempting, or is aiding and abetting an attempt, to commit aggravated as-33 sault, robbery, rape, kidnapping, murder, or other heinous crime on the op-34 erator or any occupants of the vehicle. The operator in such a situation may35 use the vehicle as a means of defense and escape in any way that would appear36 to be necessary to a reasonable person in a similar situation and with simi-37 lar knowledge without the benefit of hindsight.38 (4) (5) In any prosecution for the unlawful use of force, including39 deadly force, or the attempted or threatened use of force contrary to title40 18, Idaho Code, the burden is on the prosecution to prove beyond a reasonable41

2 doubt that the use of force, attempted use of force or threat to use force was1 not justifiable.2 (5) (6) A person using force or deadly force in defense of a habitation,3 place of business or employment or occupied vehicle as defined in section4 18-4009(3), Idaho Code, is presumed to have acted reasonably and had a rea-5 sonable fear of imminent peril of death or serious bodily injury if the force6 is used against a person whose entry or attempted entry therein is unlaw-7 ful and is made or attempted by use of force, or in a violent and tumultuous8 manner, or surreptitiously or by stealth, or for the purpose of committing a9 felony.10

SECTION 2. That Title 67, Idaho Code, be, and the same is hereby amended11 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-12 ter 34, Title 67, Idaho Code, and to read as follows:13 CHAPTER 3414 PUBLIC ASSEMBLIES ON ROADS15 67-3401. LEGISLATIVE PURPOSE AND INTENT. The legislature affirms that16 the right of the public to peacefully assemble is among the most fundamen-17 tal of all rights and necessary in a free society. At the same time, the18 legislature recognizes that assemblies on roads, especially high-traffic19 or high-speed roads, may create safety hazards both for those assembling20 and for other users of the road. In enacting this chapter, the legislature21 intends to protect public safety while upholding the importance of public22 roads as a traditional forum for public assembly.23 67-3402. DEFINITIONS. As used in this chapter:24 (1) "Public assembly" means a group of persons organized and united for25 a common purpose in a public setting.26 (2) "Public entity" means the state of Idaho or any political subdi-27 vision thereof, including all boards, commissions, agencies, institutions,28 authorities, and bodies corporate and politic of the state, created by or in29 accordance with state law or regulations.30 (3) "Public street" or "highway" is as described in section 49-109(4),31 Idaho Code.32 (4) "Spontaneous assembly" means a public assembly on or alongside a33 public road for which a permit was not issued in accordance with a policy34 adopted pursuant to the provisions of this chapter.35 (5) "Traffic" is as defined in section 49-121, Idaho Code.36 67-3403. PERMIT POLICY. (1) Each public entity with authority to close37 public streets or highways shall establish a policy under which a person may38 apply for a permit to close a public street or highway for the purpose of a39 public assembly.40 (2) A policy adopted pursuant to this section may establish reasonable41 time, place, and manner restrictions on road closures but may not discrimi-42 nate based on the purpose of the public assembly or the viewpoint of a permit43 applicant, except as provided in subsections (3) and (4) of this section.44 (3) A public entity may inquire as to the purpose or nature of a public45 assembly to determine:46

3 (a) Whether an assembly would be unlawful for purposes of chapter 64,1 title 18, Idaho Code; and2 (b) Whether peace officers may need to be present to protect the safety3 of assembly participants or to preserve public order.4 (4) Nothing in this section shall be construed to:5 (a) Require a public entity to provide a permit for an unlawful assem-6 bly;7 (b) Prevent a public entity with authority to do so from dispersing an8 unlawful assembly; or9 (c) Prevent a public entity with authority to do so from detaining, ar-10 resting, or prosecuting participants in an unlawful assembly.11 67-3404. SPONTANEOUS ASSEMBLIES. A policy adopted pursuant to section12 67-3403, Idaho Code, shall provide that participants in spontaneous assem-13 blies:14 (1) May not block or otherwise obstruct traffic; and15 (2) Shall comply with all applicable laws, ordinances, and regulations16 for persons on or alongside a public road.17 67-3405. PENALTIES. (1) A participant in a public assembly who fails18 to comply with the terms of a permit shall be guilty of a misdemeanor punish-19 able by imprisonment in the county jail for up to six (6) months, a fine of up20 to one thousand dollars ($1,000), or both such imprisonment and fine.21 (2) A participant in a spontaneous assembly who fails to comply with an22 applicable law, ordinance, or regulation for persons on or alongside a pub-23 lic street or highway shall, in addition to any other penalty prescribed by24 law, ordinance, or regulation, be guilty of a misdemeanor punishable by a25 fine of up to one thousand dollars ($1,000).26

SECTION 3. An emergency existing therefor, which emergency is hereby27 declared to exist, this act shall be in full force and effect on and after28 July 1, 2026.29