Bill Description: Senate Bill 1298 would strengthen the presumption of innocence in self-defense cases and require reimbursement of legal expenses when someone is found not guilty because their use of force was lawful self-defense.
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NOTE: Senate Bill 1298 is related to House Bill 674 (2022).
Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?
Senate Bill 1298 would create Section 19-202B, Idaho Code, to clarify and reiterate the presumption of innocence in cases where an individual claims his use of force (including deadly force) was for lawful self-defense.
It says, “A person who uses force as justified in section 18-4009, Idaho Code, or as otherwise permitted in sections 19-201 through 19-205, Idaho Code, shall be immune from any criminal prosecution for the use of such force or threat of force.”
It also says, “A law enforcement officer may not arrest the person alleged to have used or threatened to use force without first obtaining a valid warrant unless exigent circumstances exist. The warrant must state that there is probable cause that the force threatened or used was unlawful; and if an arrest and detention is made pursuant to the provisions of this subsection, the arrestee may not be held for more than twenty-four (24) hours without an opportunity to make bail or post bond, pursuant to the Idaho bail act, chapter 29, title 19, Idaho Code.”
The bill also contains provisions to expedite judicial review of charges and require a prosecutor to prove beyond a reasonable doubt that there is sufficient evidence for the case to move forward to trial.
Protecting the presumption of innocence is the most important duty of government in matters of criminal justice.
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The bill includes a subsection that says, “When a person subject to criminal prosecution is found not guilty of a crime or has had charges dismissed by reason of justified use of force or threat of force pursuant to section 18-4009, Idaho Code, or sections 19-201 through 19-205, Idaho Code, the county where the person was arrested or was subject to criminal prosecution shall reimburse the defendant for all reasonable costs, including but not limited to compensatory damages, loss of time, legal fees, including any expungement under this or any other section, and other expenses incurred during the proceedings.”
The bill requires that when a jury determines a defendant who claims self-defense in a homicide case is not guilty, the jury shall also return a “special verdict” explicitly answering the question, “Was the finding of not guilty based upon self-defense?”
Under this bill, “all judicial proceedings that are currently pending or were concluded within the twelve (12) months preceding the effective date of this act shall qualify for judicial relief pursuant to this section.”
It is appropriate that counties and prosecuting state agencies reimburse people who were wrongly prosecuted for engaging in lawful self-defense.
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