SENATE BILL NO. 1441

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Bill Status



S1441aa,aaH..........................................by JUDICIARY AND RULES
CIVIL IMMUNITY - SELF-DEFENSE - Adds to existing law relating to civil
actions to provide immunity from civil liability for persons who use force
in justifiable or otherwise permissible self-defense; to provide for the
award of attorney's fees and other costs; and to define "law enforcement
officer."
                                                                        
03/09    Senate intro - 1st rdg - to printing
03/10    Rpt prt - to Jud
03/16    Rpt out - to 14th Ord
03/23    Rpt out amen - to engros
03/24    Rpt engros - 1st rdg - to 2nd rdg as amen
03/27    2nd rdg - to 3rd rdg as amen
03/28    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark),
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Richardson
    Title apvd - to House
03/29    House intro - 1st rdg - to Jud
04/03    Rpt out - to Gen Ord
    Rpt out amen - to 1st rdg as amen
04/04    1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 61-6-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Harwood, Henderson, Jaquet,
      Kemp, Lake, Loertscher, Martinez, Mathews, McGeachin, McKague,
      Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
      Raybould, Ring, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(8),
      Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood, Mr. Speaker
      NAYS -- Boe, Hart, Henbest, LeFavour, Ringo, Smith(24)
      Absent and excused -- Bell, Roberts, Shepherd(2)
    Floor Sponsor - Sali
    Title apvd - to Senate
04/04    Senate concurred in House amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
04/05    Rls susp - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Coiner, Compton, Corder, Darrington, Davis, Fulcher,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Cameron
    Floor Sponsor - Richardson
    Title apvd - To enrol - Rpt enrol - Pres signed
04/06    Sp signed - To Governor
04/14    Governor signed
         Session Law Chapter 453
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1441
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CIVIL ACTIONS; AMENDING CHAPTER 2, TITLE 5, IDAHO CODE,  BY    THE
  3        ADDITION  OF  A  NEW  SECTION  5-249, IDAHO CODE, TO PROVIDE IMMUNITY FROM
  4        CIVIL ACTIONS FOR PERSONS WHO USE FORCE IN JUSTIFIABLE OR  OTHERWISE  PER-
  5        MISSIBLE  SELF-DEFENSE,  TO  PROVIDE  FOR THE AWARD OF ATTORNEY'S FEES AND
  6        OTHER EXPENSES AND TO DEFINE "LAW ENFORCEMENT OFFICER."
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Chapter 2, Title 5, Idaho  Code,  be,  and  the  same  is
  9    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 10    ignated as Section 5-249, Idaho Code, and to read as follows:
                                                                        
 11        5-249.  CIVIL IMMUNITY FOR SELF-DEFENSE. (1) A person who  uses  force  as
 12    justified  in  section  18-4009, Idaho Code, or as otherwise permitted in sec-
 13    tions 19-201 through 19-205, Idaho Code, is immune from any civil  action  for
 14    the  use  of  such force except when the person knew or reasonably should have
 15    known that the person against whom the force was used was  a  law  enforcement
 16    officer acting in the capacity of his or her official duties.
 17        (2)  The  court  shall award reasonable attorney's fees, court costs, com-
 18    pensation for loss of income, and all  reasonable  expenses  incurred  by  the
 19    defendant  in  defense of any civil action brought by a plaintiff if the court
 20    finds that the defendant is immune from such an action pursuant to  this  sec-
 21    tion.
 22        (3)  As  used  in  this section, "law enforcement officer" means any court
 23    personnel, sheriff, constable, peace officer, state  police  officer,  correc-
 24    tional  officer,  probation  or  parole  official,  prosecuting attorney, city
 25    attorney, attorney general, or their employees or agents, or any other  person
 26    charged with the duty of enforcement of the criminal, traffic or penal laws of
 27    this  state or any other law enforcement personnel or peace officer as defined
 28    in chapter 51, title 19, Idaho Code.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Sali                
                                                                        
                                                     Seconded by Harwood             
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                        HOUSE AMENDMENT TO S.B. NO. 1441, As Amended
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the engrossed bill, delete lines 18 and 19  and  insert:  "by
  3    the defendant in any civil action if the court finds that the defendant is im-
  4    mune from such action pursuant to this section.".
                                                                        
                                          2
                                                                        
                                                     Moved by    Broadsword          
                                                                        
                                                     Seconded by Richardson          
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1441
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On  page 1 of the printed bill, in line 8, delete "Chapter 2, Title 5" and
  3    insert: "Chapter 8, Title 6"; and in  line  10,  delete  "5-249"  and  insert:
  4    "6-808";  in  line  11, delete "5-249" and insert: "6-808"; in line 13, delete
  5    "action" and insert: "liability"; and delete lines 17 through 21 and insert:
  6        "(2)  The court shall award reasonable attorney's fees and costs  incurred
  7    by  the  defendant in any civil action raising any of the affirmative defenses
  8    specified in subsection (1) of this section.".
                                                                        
  9                                 CORRECTIONS TO TITLE
 10        On page 1, in line 2, delete "CHAPTER 2, TITLE 5" and insert: "CHAPTER  8,
 11    TITLE  6";  in  line  3, delete "5-249" and insert: "6-808"; in line 4, delete
 12    "ACTIONS" and insert: "LIABILITY"; and in line 6, delete "OTHER EXPENSES"  and
 13    insert: "COSTS".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                 SENATE BILL NO. 1441, As Amended, As Amended in the House
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CIVIL ACTIONS; AMENDING CHAPTER 8, TITLE 6,  IDAHO  CODE,  BY  THE
  3        ADDITION  OF  A  NEW  SECTION  6-808, IDAHO CODE, TO PROVIDE IMMUNITY FROM
  4        CIVIL LIABILITY FOR PERSONS WHO USE FORCE IN JUSTIFIABLE OR OTHERWISE PER-
  5        MISSIBLE SELF-DEFENSE, TO PROVIDE FOR THE AWARD  OF  ATTORNEY'S  FEES  AND
  6        COSTS AND TO DEFINE "LAW ENFORCEMENT OFFICER."
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Chapter  8,  Title  6,  Idaho Code, be, and the same is
  9    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 10    ignated as Section 6-808, Idaho Code, and to read as follows:
                                                                        
 11        6-808.  CIVIL  IMMUNITY  FOR  SELF-DEFENSE. (1) A person who uses force as
 12    justified in section 18-4009, Idaho Code, or as otherwise  permitted  in  sec-
 13    tions  19-201  through  19-205, Idaho Code, is immune from any civil liability
 14    for the use of such force except when the person  knew  or  reasonably  should
 15    have  known that the person against whom the force was used was a law enforce-
 16    ment officer acting in the capacity of his or her official duties.
 17        (2)  The court shall award reasonable attorney's fees and  costs  incurred
 18    by  the defendant in any civil action if the court finds that the defendant is
 19    immune from such action pursuant to this section.
 20        (3)  As used in this section, "law enforcement officer"  means  any  court
 21    personnel,  sheriff,  constable,  peace officer, state police officer, correc-
 22    tional officer, probation  or  parole  official,  prosecuting  attorney,  city
 23    attorney,  attorney general, or their employees or agents, or any other person
 24    charged with the duty of enforcement of the criminal, traffic or penal laws of
 25    this state or any other law enforcement personnel or peace officer as  defined
 26    in chapter 51, title 19, Idaho Code.
                                                                        
                                           2
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1441, As Amended
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING  TO  CIVIL  ACTIONS;  AMENDING CHAPTER 8, TITLE 6, IDAHO CODE, BY THE
  3        ADDITION OF A NEW SECTION 6-808, IDAHO  CODE,  TO  PROVIDE  IMMUNITY  FROM
  4        CIVIL LIABILITY FOR PERSONS WHO USE FORCE IN JUSTIFIABLE OR OTHERWISE PER-
  5        MISSIBLE  SELF-DEFENSE,  TO  PROVIDE  FOR THE AWARD OF ATTORNEY'S FEES AND
  6        COSTS AND TO DEFINE "LAW ENFORCEMENT OFFICER."
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 2.  That Chapter 8, Title 6, Idaho  Code,  be,  and  the  same  is
  9    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 10    ignated as Section 6-808, Idaho Code, and to read as follows:
                                                                        
 11        6-808.  CIVIL IMMUNITY FOR SELF-DEFENSE. (1) A person who  uses  force  as
 12    justified  in  section  18-4009, Idaho Code, or as otherwise permitted in sec-
 13    tions 19-201 through 19-205, Idaho Code, is immune from  any  civil  liability
 14    for  the  use  of  such force except when the person knew or reasonably should
 15    have known that the person against whom the force was used was a law  enforce-
 16    ment officer acting in the capacity of his or her official duties.
 17        (2)  The  court  shall award reasonable attorney's fees and costs incurred
 18    by the defendant in any civil action raising any of the  affirmative  defenses
 19    specified in subsection (1) of this section.
 20        (3)  As  used  in  this section, "law enforcement officer" means any court
 21    personnel, sheriff, constable, peace officer, state  police  officer,  correc-
 22    tional  officer,  probation  or  parole  official,  prosecuting attorney, city
 23    attorney, attorney general, or their employees or agents, or any other  person
 24    charged with the duty of enforcement of the criminal, traffic or penal laws of
 25    this  state or any other law enforcement personnel or peace officer as defined
 26    in chapter 51, title 19, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16170

The purpose of this legislation is to give a person immunity from
civil action for using force to defend his life, family or
property from those who would seek to harm them or for coming to
the aid of another who is threatened.  This in no way is intended
to apply to if such force is used against law enforcement
officers.  It would also allow award of reasonable attorney's
fees, court costs, compensation for loss of income and all
expenses incurred by the defendant in defense of civil action if
the court finds that the defendant is immune from such an action. 



                          FISCAL IMPACT

None






Contact
Name: Sen. Joyce Broadsword 
Phone: 208-332-1395
Sen. Mel Richardson


STATEMENT OF PURPOSE/FISCAL NOTE                            S 1441