Idaho H 674: SELF-DEFENSE – Adds to existing law to provide for reimbursement for justifiable homicide and defense of self, others, and certain places.

Bill Text

LEGISLATURE OF THE STATE OF IDAHO
Sixty-sixth Legislature Second Regular Session - 2022
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 674
BY STATE AFFAIRS COMMITTEE
AN ACT1
RELATING TO SELF-DEFENSE; AMENDING CHAPTER 2, TITLE 19, IDAHO CODE, BY THE2
ADDITION OF A NEW SECTION 19-202B, IDAHO CODE, TO DEFINE TERMS, TO PRO-3
VIDE FOR REIMBURSEMENT FOR JUSTIFIABLE HOMICIDE AND DEFENSE OF SELF,4
OTHERS, AND CERTAIN PLACES, AND TO PROVIDE A VERDICT FORM; AND DECLARING5
AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.6
Be It Enacted by the Legislature of the State of Idaho:7
SECTION 1. That Chapter 2, Title 19, Idaho Code, be, and the same is8
hereby amended by the addition thereto of a NEW SECTION, to be known and des-9
ignated as Section 19-202B, Idaho Code, and to read as follows:10
19-202B. IMMUNITY AND REIMBURSEMENT FOR JUSTIFIABLE HOMICIDE AND DE-11
FENSE OF SELF, OTHERS, AND CERTAIN PLACES. (1) As used in this section:12
(a) "Criminal prosecution" includes arresting, detaining in custody,13
and charging or prosecuting the defendant.14
(b) "Law enforcement officer" means any court personnel, sheriff,15
constable, peace officer, state police officer, correctional officer,16
probation or parole official, prosecuting attorney, city attorney, or17
attorney general, or their employees or agents, or any other person18
charged with the duty of enforcement of the criminal traffic or penal19
laws of this state, or any other law enforcement personnel or peace of-20
ficer as defined in section 19-5101, Idaho Code.21
(2) A person who uses force as justified in section 18-4009, Idaho Code,22
or as otherwise permitted in sections 19-201 through 19-205, Idaho Code, is23
presumed to be exercising the fundamental right of self-defense and shall24
not be subjected to criminal prosecution for the use of such force except25
when the person knew or reasonably should have known that the person against26
whom the force was used was a law enforcement officer acting in the capacity27
of the officer's official duties. A law enforcement officer may use standard28
procedures for investigating the use of force, but the officer may not arrest29
the person for using force unless the officer determines that there is prob-30
able cause that the force used was unlawful or a court of competent jurisdic-31
tion has issued an arrest warrant based on the officer's investigation. In32
addition, when a subject of investigation invokes the right to remain silent33
or have an attorney present for questions, that fact shall not be evidence of34
probable cause that the force used was unlawful.35
(3) When a person charged with a crime is found not guilty by reason of36
self-defense, the defendant shall be conclusively presumed to have exer-37
cised the fundamental right of self-defense, and the county or prosecuting38
state agency where the person was charged with the crime shall reimburse39
the defendant for all reasonable costs, including loss of wages, salary,40
profits, and business opportunities, legal fees incurred, cost of any bonds41
posted, expert witness fees, and any other expenses involved in his defense.42

2
This reimbursement shall not be an independent cause of action. To award1
these reasonable costs, the trier of fact must find that the defendant's2
claim of self-defense was sustained by a preponderance of the evidence. If3
the trier of fact makes a determination of self-defense, or in the case of a4
directed verdict, the judge shall determine the amount of the award based on5
current case law defining "reasonable fees."6
(4) Nothing in this section shall preclude the county or prosecuting7
state agency from seeking indemnification from any third party or state8
agency under any theory allowed by law.9
(5) Nothing in this section may be construed to limit or impair any de-10
fense to civil or criminal liability otherwise available.11
(6) Whenever the issue of self-defense under this section is decided by12
a judge, the judge shall consider the same questions as must be answered in13
the special verdict under subsection (7) of this section.14
(7) Whenever the issue of self-defense under this section has been sub-15
mitted to a jury, and the jury has found the defendant not guilty, the court16
shall instruct the jury to return a special verdict in substantially the fol-17
lowing form:18
Answer19
"Yes"20
or "No"21
1.22 Was the verdict of not guilty based on the fact that the
defendant acted in self-defense?23
2.24 If your answer to question 1 is No - STOP. Do not answer the
remaining questions.25
3.26 If your answer to question 1 is Yes, was the defendant
(answer all that apply):27
a.28 Protecting himself or herself?
b.29 Protecting his or her family?
c.30 Protecting his or her property when the need for
self-defense arose?31
d.32 Coming to the aid of another who was in imminent danger
of a heinous crime?33
e.34 Coming to the aid of another who was the victim of a
heinous crime?35
4.36 Did you find the defendant guilty of any other crimes?
I