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ID S1313
Bill
Status
3/21/2018
Primary Sponsor
State Affairs Committee
Click for details
AI Summary
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Amends Section 18-4009 to expand justifiable homicide to include defense of habitation, place of business or employment, occupied vehicle, and property against unlawful forced entry or violent attempts to enter.
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Creates presumption that a person unlawfully entering or attempting to enter a habitation, place of business, employment, or occupied vehicle by force or stealth intends to commit a felony.
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Repeals Section 18-4010 (which stated fear is not sufficient justification for use of force).
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Adds Section 19-201A stating legislative intent to incorporate castle doctrine and stand your ground provisions from Idaho case law into self-defense statutes.
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Amends Section 19-202A to establish that self-defense does not require retreat from any place a person has a right to be, and shifts burden to prosecution to prove force used was not justifiable; creates presumption of reasonable fear when defending against unlawful forced entry into habitation, business, employment, or occupied vehicle.
Legislative Description
Amends and adds to existing law to revise provisions regarding defense of self, others, a habitation, place of business or employment, or an occupied vehicle.
SELF-DEFENSE
Last Action
Session Law Chapter 222 Effective: 07/01/2018
3/21/2018