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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 - 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.
]]]] 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".
]]]] 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
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