View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved 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".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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 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