Idaho 2018 Session Status: Enacted

S 1245 — LEGAL IMMUNITY – Adds to existing law to provide certain immunity from civil and criminal liability for persons rendering certain aid to a person in a motor vehicle.

Last action — Signed by Governor on 03/26/18 Session Law Chapter 285 Effective: 03/26/2018

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 30, 2018. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

38 added · 29 removed

38 line(s) added, 29 removed.

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1245, As Amended BY JUDICIARY AND RULES COMMITTEE AN ACT RELATING TO LEGAL IMMUNITY;
1245, As Amended, As Amended BY JUDICIARY AND RULES COMMITTEE AN ACT RELATING TO LEGAL IMMUNITY;
AMENDING CHAPTER 3, TITLE 5, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5-344, IDAHO CODE, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY FOR PERSONS RENDERING CERTAIN AID TO A PERSON IN A MO- TOR VEHICLE;
AMENDING CHAPTER 3, TITLE 5, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5-344, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING CERTAIN IMMUNITY FROM CIVIL LIABILITY FOR RENDERING AID TO A PERSON IN A MOTOR VEHICLE;
AMENDING CHAPTER 70, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-7044, IDAHO CODE, TO PROVIDE IMMUNITY FROM PROSECU- TION FOR PERSONS RENDERING CERTAIN AID TO A PERSON IN A MOTOR VEHICLE;
AMENDING CHAPTER 70, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-7044, IDAHO CODE, TO ESTABLISH PROVI- SIONS REGARDING CERTAIN IMMUNITY FROM CRIMINAL PROSECUTION FOR RENDER- ING AID TO A PERSON IN A MOTOR VEHICLE;
A person is immune from civil liability for entry, including forced entry and any resulting property damage, into a motor vehicle for the purpose of removing another person from the vehicle, provided that the person entering:
(1) A person is immune from civil liability for entry, including forced entry and any resulting property damage, into a motor vehicle for the purpose of removing another person from the vehicle, provided that the person entering:
(1) Has a reasonable, good-faith belief that the other person is in im- minent danger of suffering death or serious bodily harm;
(a) Has a reasonable, good-faith belief that the other person is in im- minent danger of suffering death or serious bodily harm;
(2) Contacts law enforcement before and immediately after entering, if feasible;
(b) Contacts law enforcement before and immediately after entering, if feasible;
and (3) Uses no more force than reasonably necessary to gain entry.
and (c) Uses no more force than reasonably necessary to gain entry.
(2) This section shall not be construed to provide immunity from civil liability for physical harm caused to the person in the vehicle or for any other action or omission unrelated to the act of entering the vehicle as pro- vided in subsection (1) of this section.
A person shall not be prosecuted under this title for entry, including forced entry and any re- sulting property damage, into a motor vehicle for the purpose of removing an- other person from the vehicle, provided that the person entering:
(1) A person shall not be prosecuted under this title for entry, including forced entry and any re- sulting property damage, into a motor vehicle for the purpose of removing an- other person from the vehicle, provided that the person entering:
(1) Has a reasonable, good-faith belief that the other person is in im- minent danger of suffering death or serious bodily harm;
(a) Has a reasonable, good-faith belief that the other person is in im- minent danger of suffering death or serious bodily harm;
(2) Contacts law enforcement before and immediately after entering, if feasible;
(b) Contacts law enforcement before and immediately after entering, if feasible;
and (3) Uses no more force than reasonably necessary to gain entry.
and (c) Uses no more force than reasonably necessary to gain entry.
(2) This section shall not be construed to prevent prosecution for physical harm caused to the person in the vehicle or for any other crime unre- lated to the act of entering the vehicle as provided in subsection (1) of this section.
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Action History

  1. Signed by Governor on 03/26/18 Session Law Chapter 285 Effective: 03/26/2018

  2. Reported delivered to Governor at 10:45 a.m. on 03/22/18

  3. Reported signed by the Speaker & ordered delivered to Governor

  4. Received from Senate; Signed by Speaker; Returned to Senate

  5. Reported enrolled; signed by President; to House for signature of Speaker

  6. Returned From House Passed; referred to enrolling

  7. Read Third Time in Full – PASSED - 66-0-4AYES – Amador, Anderson, Anderst, Armstrong, Barbieri, Bell, Blanksma, Boyle, Burtenshaw, Chaney, Cheatham, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Dixon, Ehardt, Erpelding, Gannon(17), Gannon(5), Giddings, Hanks, Harris, Hartgen, Holtzclaw, Kauffman, Kerby, King, Kingsley, Kloc(Tway), Loertscher, Luker, Malek, Manwaring, McCrostie, McDonald, Mendive, Miller, Monks, Moon, Moyle, Nate, Packer, Palmer, Perry, Raybould, Redman, Rubel, Scott, Shepherd, Smith, Stevenson, Syme, Thompson, Toone, Troy, Vander Woude, Wagoner, Wintrow, Wood, Youngblood, Zito, Zollinger, Mr. SpeakerNAYS – NoneAbsent – Gestrin, Gibbs, Horman, VanOrdenFloor Sponsor - SmithTitle apvd - to Senate

  8. Read second time; Filed for Third Reading

  9. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

  10. Read First Time, Referred to Judiciary, Rules & Administration

  11. Received from the Senate, Filed for First Reading

  12. Rules Suspended (2/3 Vote - Read in full as required) – PASSED - 34-1-0AYES – Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Crabtree, Den Hartog, Guthrie, Hagedorn, Harris, Heider, Hill, Johnson, Jordan, Keough, Lakey, Lee, Lodge, Martin, Mortimer, Nonini, Nye, Patrick, Potts, Rice, Siddoway, Souza, Stennett, Thayn, Vick, Ward-Engelking, WinderNAYS – ForemanAbsent and excused – NoneFloor Sponsor - NyeTitle apvd - to House

  13. Read second time as amended, filed for Third reading

  14. Read first time as amended, filed for Second Reading

  15. Reported engrossed, filed for first reading, as amended

  16. Amendments reported printed

  17. Amendments ordered printed; referred for engrossment

  18. Reported out without recommendation, as amended

  19. Placed in the Committee of the Whole

  20. Referred to 14th Order for amendment

  21. Read second time as amended, filed for Third reading

  22. Read first time as amended, filed for Second Reading

  23. Reported engrossed, filed for first reading, as amended

  24. Amendments reported printed

  25. Amendments ordered printed; referred for engrossment

  26. Reported out without recommendation, as amended

  27. Placed in the Committee of the Whole

  28. Reported out of committee; to 14th Order for amendment

  29. Reported Printed; referred to Judiciary & Rules

  30. Introduced; read first time; referred to JR for Printing

Sponsors

  • JUDICIARY AND RULES COMMITTEE · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 104 not signed on

Sponsors (1)

  • JUDICIARY AND RULES COMMITTEE

Co-sponsors (0)

None.

Not signed on (104)

104 members have not signed on to this bill.

Show all 104 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors S 1245?
S 1245 is sponsored by JUDICIARY AND RULES COMMITTEE.
What is the current status of S 1245?
This bill has been enacted into law. Introduced January 30, 2018. Enacted.
Where can I track S 1245?
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