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ID S1313

Bill

Status

Passed

3/21/2018

Primary Sponsor

State Affairs Committee

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • 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.

  • 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.

  • Repeals Section 18-4010 (which stated fear is not sufficient justification for use of force).

  • Adds Section 19-201A stating legislative intent to incorporate castle doctrine and stand your ground provisions from Idaho case law into self-defense statutes.

  • 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

Committee Referrals

State Affairs3/5/2018
State Affairs2/16/2018
Judiciary and Rules2/15/2018

Full Bill Text

No bill text available