Bill > S1298

This bill establishes new provisions in Idaho law regarding immunity and reimbursement for individuals who use justifiable force in self-defense, defense of others, or defense of certain places. It clarifies that a person using justified force, as defined by existing Idaho statutes, is immune from criminal prosecution for that use of force. The bill outlines procedures for law enforcement during investigations of such incidents, including requiring warrants for arrests unless there are exigent circumstances and limiting detention to 24 hours without an opportunity for bail. It also mandates a pretrial immunity hearing within 14 days, where the burden shifts to the prosecution to prove the force used was unlawful. If immunity is granted, criminal charges are dismissed with prejudice, meaning they cannot be refiled unless new evidence is discovered. Furthermore, if a person is found not guilty or has charges dismissed due to justified use of force, the county must reimburse them for all reasonable costs, including legal fees and other expenses, and their criminal history records related to the case will be expunged, effectively erasing the record of the arrest and prosecution. The bill also includes a severability clause, meaning if any part of the law is found invalid, the rest will remain in effect, and declares an emergency, allowing it to take effect immediately upon passage.

Government Affairs, Justice

State Affairs Committee (Senate)

https://legislature.idaho.gov/sessioninfo/2026/legislation/S1298/