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ID S1004
Bill
Status
1/16/2023
Primary Sponsor
State Affairs Committee
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AI Summary
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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.
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Requires law enforcement officers to have probable cause that force was unlawful before arresting a person claiming self-defense; standard investigation procedures are permitted.
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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.
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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.
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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