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

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1298 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO SELF-DEFENSE; AMENDING CHAPTER 2, TITLE 19, IDAHO CODE, BY THE2 ADDITION OF A NEW SECTION 19-202B, IDAHO CODE, TO ESTABLISH PROVISIONS3 REGARDING IMMUNITY AND REIMBURSEMENT FOR JUSTIFIABLE HOMICIDE AND DE-4 FENSE OF SELF, OTHERS, AND CERTAIN PLACES; PROVIDING SEVERABILITY; AND5 DECLARING AN EMERGENCY.6

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

SECTION 1. That Chapter 2, Title 19, 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 19-202B, Idaho Code, and to read as follows:10 19-202B. IMMUNITY AND REIMBURSEMENT FOR JUSTIFIABLE HOMICIDE AND DE-11 FENSE OF SELF, OTHERS, AND CERTAIN PLACES. (1) As used in this section:12 (a) "Criminal prosecution" includes arresting, detaining in custody,13 and charging or prosecuting the defendant.14 (b) "Expunge" or "expungement" means to destroy, delete, or erase a15 criminal history record as appropriate for the record's physical or16 electronic form or characteristic so that the record is permanently17 irretrievable.18 (c) "Law enforcement officer" means any court personnel, sheriff,19 constable, peace officer, state police officer, correctional officer,20 probation or parole official, prosecuting attorney, city attorney, or21 attorney general, or their employees or agents, or any other person22 charged with the duty of enforcement of the criminal, traffic, or penal23 laws of this state or any other law enforcement personnel or peace offi-24 cer as defined in chapter 51, title 19, Idaho Code.25 (d) "Person" means a natural person, legal corporation, limited li-26 ability corporation, partnership, sole proprietorship, or any other27 business entity recognized by the state of Idaho.28 (e) "Public office or agency" shall have the same meaning as the defini-29 tion of "public official" in section 74-101, Idaho Code.30 (f) "Use of force" includes deadly force or the attempted or threatened31 use of force.32 (2) A person who uses force as justified in section 18-4009, Idaho Code,33 or as otherwise permitted in sections 19-201 through 19-205, Idaho Code,34 shall be immune from any criminal prosecution for the use of such force or35 threat of force.36 (3) For any use of force described in subsection (2) of this section:37 (a) A law enforcement officer may exercise his constitutionally enu-38 merated powers to facilitate an impartial investigation of the use of39 force incident;40 (b) A law enforcement officer may not arrest the person alleged to have41 used or threatened to use force without first obtaining a valid warrant42

2 unless exigent circumstances exist. The warrant must state that there1 is probable cause that the force threatened or used was unlawful; and2 (c) If an arrest and detention is made pursuant to the provisions of3 this subsection, the arrestee may not be held for more than twenty-four4 (24) hours without an opportunity to make bail or post bond, pursuant to5 the Idaho bail act, chapter 29, title 19, Idaho Code.6 (4) Upon motion to the court, a pretrial immunity hearing must be held7 within fourteen (14) days. A single thirty (30) day continuance for good8 cause may be granted only in a criminal proceeding and only if the defendant9 is out on bail. The motion shall be styled as a motion for summary adjudica-10 tion and may be made during any probable cause hearing or after a grand jury11 indictment. Grounds for the motion shall be a justified use of force. Once12 the moving party makes a prima facie showing of justifiable use of force un-13 der Idaho law, the burden shall shift to the nonmoving party.14 (a) In a criminal proceeding, the court shall grant the motion for im-15 munity and dismiss the indictment or information unless the nonmoving16 party proves beyond a reasonable doubt that there is a sufficient ev-17 identiary dispute for the case to move forward to trial. If the court18 denies the motion, such denial shall be inadmissible in any subsequent19 criminal or civil trial.20 (b) In a civil proceeding, the court shall dismiss any claim, counter-21 claim, or defense predicated on unlawful use of force, unless the non-22 moving party establishes by clear and convincing evidence that there is23 a sufficient evidentiary dispute for the case to move forward. If the24 court denies the motion, such denial shall be inadmissible to the trier25 of fact in any subsequent trial.26 (c) The dismissal in a criminal action shall be provisionally deemed to27 be with prejudice unless new evidence is discovered that the prosecut-28 ing agency did not know, or have reason to know, existed at the time of29 the dismissal. The timeliness of the new evidence may be raised during a30 renewed motion for immunity.31 (d) The dismissal in a civil action shall be deemed to be with prejudice32 and shall have the full effects of res judicata and collateral estoppel.33 (e) The moving party in either type of action may, but need not, testify34 at the hearing. Both the prima facie case and any rebuttal to the non-35 moving party's case may be made with any admissible evidence.36 (5)(a) When a person subject to criminal prosecution is found not37 guilty of a crime or has had charges dismissed by reason of justified use38 of force or threat of force pursuant to section 18-4009, Idaho Code, or39 sections 19-201 through 19-205, Idaho Code, the county where the person40 was arrested or was subject to criminal prosecution shall reimburse the41 defendant for all reasonable costs, including but not limited to com-42 pensatory damages, loss of time, legal fees, including any expungement43 under this or any other section, and other expenses incurred during the44 proceedings.45 (b) Such reimbursement shall not be an independent cause of action. If46 the trier of fact makes a determination of self-defense, the judge shall47 determine the amount of the award.48 (c)(i) When a person subject to criminal prosecution is found not49 guilty of a crime or has had all charges dismissed by reason of jus-50

3 tified use of force or threat of force pursuant to section 18-4009,1 Idaho Code, or sections 19-201 through 19-205, Idaho Code, the2 court shall order that the criminal history records taken in con-3 nection with the criminal prosecution be expunged. The court4 shall send notice of the order of expungement to each public office5 or agency that the court has reason to believe may have a record6 pertaining to the criminal prosecution that is the subject of the7 order of expungement.8 (ii) If the court enters an order of expungement, then the arrest9 and all other proceedings that are the subject of the order of ex-10 pungement shall be considered not to have occurred, and the crim-11 inal history records taken in connection with the criminal pros-12 ecution shall be expunged. The criminal history records that are13 expunged shall not be used against the person granted expungement14 for any purpose.15 (iii) Upon the entry of an order of expungement pursuant to this16 section, the person granted expungement shall be deemed to have17 never been arrested, detained in custody, charged, or prosecuted18 with respect to the matters that are the subject of the order of ex-19 pungement, and the person granted expungement may so swear under20 oath.21 (iv) All records regarding a motion for expungement conducted in22 accordance with the provisions of this section that are in the cus-23 tody of the court shall be sealed, and all references to an ar-24 rest or prosecution resulting in dismissal or acquittal shall be25 removed from all indices and records available to the public. A26 special index of the expungement proceedings and records shall be27 kept by the court ordering the expungement but shall not be avail-28 able to the public and shall be revealed only to the person granted29 expungement or upon order of a court of competent jurisdiction.30 (6) Whenever the issue of justified use of force or threat of force un-31 der this section is decided by a judge, the judge shall consider the same32 question as must be answered in the special verdict pursuant to subsection33 (7) of this section.34 (7) Whenever the issue of justified use of force or threat of force un-35 der this section has been submitted to a jury, and the jury has found the36 defendant not guilty, the court shall instruct the jury to return a special37 verdict in substantially the following form: "Was the finding of not guilty38 based upon self-defense? (answer yes or no)."39 (8) Nothing in this section shall be construed to limit or impair any40 defense to civil or criminal liability otherwise available.41 (9) All judicial proceedings that are currently pending or were con-42 cluded within the twelve (12) months preceding the effective date of this act43 shall qualify for judicial relief pursuant to this section.44

SECTION 2. SEVERABILITY. The provisions of this act are hereby declared45 to be severable and if any provision of this act or the application of such46 provision to any person or circumstance is declared invalid for any reason,47 such declaration shall not affect the validity of the remaining portions of48 this act.49

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SECTION 3. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after its2 passage and approval.3