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ID S1004

Bill

Status

Introduced

1/16/2023

Primary Sponsor

State Affairs Committee

Click for details

Origin

Senate

2023 Regular Session

AI Summary

  • Creates immunity from criminal prosecution for persons using or threatening force as justified under existing Idaho self-defense laws, except when the force was used against a law enforcement officer acting in official capacity.

  • Requires law enforcement officers to have probable cause that force was unlawful before arresting a person claiming self-defense; standard investigation procedures are permitted.

  • Mandates county reimbursement of all reasonable defense costs, including legal fees and lost time, when a defendant is found not guilty by reason of self-defense, if the trier of fact finds the self-defense claim was sustained by preponderance of evidence.

  • Requires courts to conduct a pretrial immunity hearing within 14 days of a defendant filing a motion to dismiss based on self-defense immunity, with the burden of proof by clear and convincing evidence on the party seeking to overcome immunity.

  • Establishes that juries must return a special verdict stating whether a not guilty finding was based on self-defense, and preserves all other existing civil and criminal liability defenses.

Legislative Description

Adds to existing law to provide for immunity from criminal prosecution when force is used in certain instances and to provide for reimbursement for a defendant in certain instances.

SELF-DEFENSE

Last Action

Reported Printed; referred to State Affairs

1/17/2023

Committee Referrals

State Affairs1/17/2023
Judiciary and Rules1/16/2023

Full Bill Text

No bill text available