House Bill 674 Summary

• Adds new section 19-202B to Idaho Code establishing immunity and reimbursement provisions for individuals who use justified force in self-defense under sections 18-4009 and 19-201 through 19-205.

• Persons using justified force are presumed to be exercising fundamental right of self-defense and cannot be arrested without probable cause that the force was unlawful or a court-issued warrant; invocation of right to remain silent cannot constitute probable cause.

• Defendants found not guilty by reason of self-defense shall receive reimbursement from the county or prosecuting state agency for all reasonable costs including legal fees, lost wages, expert witness fees, and bond costs based on preponderance of evidence standard.

• Requires courts to instruct juries to return special verdict form detailing whether not guilty verdict was based on self-defense and the specific circumstances (self-protection, family protection, property defense, or aid to others in danger).

• Effective date: July 1, 2022, declared as emergency measure.