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ID S1298
Bill
Status
2/16/2026
Primary Sponsor
State Affairs Committee
Click for details
AI Summary
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Grants criminal prosecution immunity to individuals who use force justified under Idaho's self-defense and justifiable homicide statutes (sections 18-4009 and 19-201 through 19-205)
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Requires law enforcement to obtain a warrant stating probable cause that force was unlawful before arresting someone claiming self-defense, except in exigent circumstances; arrestees must be given bail/bond opportunity within 24 hours
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Establishes a pretrial immunity hearing process within 14 days where defendants can seek dismissal; prosecution must prove beyond a reasonable doubt that sufficient evidence exists to proceed to trial after defendant makes prima facie self-defense showing
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Mandates county reimbursement for defendants found not guilty or whose charges were dismissed based on justified force, covering compensatory damages, lost time, legal fees, and other expenses; also requires automatic expungement of all related criminal records
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Applies retroactively to judicial proceedings pending or concluded within 12 months preceding the effective date; declared an emergency measure taking effect immediately upon passage
Legislative Description
Adds to existing law to establish provisions regarding immunity and reimbursement for justifiable homicide and defense of self, others, and certain places.
SELF-DEFENSE
Last Action
Reported Printed; referred to State Affairs
2/17/2026