‘Stand Your Ground’ bill headed to Idaho House

Print Article

(Photo by KYLE PFANNENSTIEL)Sen. Todd Lakey, R-Nampa, opening debate on his bill on the Senate floor on March 2.


Contributing writer

BOISE — The Idaho Senate passed a “stand your ground” bill on a party-line, 29-6 vote this past Friday.

SB 1313 would make it so people in their homes, workplaces, businesses or vehicles could use deadly force to defend themselves when anyone enters without permission.

The bill says that “a person who unlawfully and by force or by stealth enters or attempts to enter a habitation, place of business or employment or occupied vehicle is presumed to be doing so with the intent to commit a felony.”

The bill states that people don’t have to retreat or wait until a threat is ‘apparent,’ unlike under current Idaho law, but many legislators said that wasn’t how courts interpreted self-defense cases.

They argue a slew of Idaho case rulings set precedent for interpretation more akin to the Castle Doctrine, the legal principle that enshrines “stand your ground” principles. That’s why the bill’s lead sponsor, Sen. Todd Lakey, said he proposed SB 1313.

“Currently, the power to eliminate or reduce those principles and applications of law rest with the judiciary. I admit, they’ve done a good job of doing that. But, the place to establish and maintain these principles is in Idaho code,” Lakey said in floor debate. “This is the purview and responsibility of the legislative branch.”

Lakey’s bill also states the standard of reasonable use of force in court comes from the perspective of a “reasonable person placed in the same position.”

24 states have ‘stand your ground’ laws on the books, according to the National Conference of State Legislatures.

All Senate Republicans voted for the bill, with all six Democrats opposed, in the 29-6 vote.

Assistant Majority Leader Steve Vick, R-Dalton Gardens, said the legislation helps people understand their rights.

“The point we need to remember is that we’re not all legal experts,” Vick said.

Sen. Cherie Buckner-Webb, D-Boise, argued the bill will escalate non-violent situations.

“‘Stand your ground’ laws provide individuals a basis to excuse or rationalize the potential harm of another human being. From my vantage point the legislation is dangerous,” she said.

SB 1313 heads to the House side. It needs to clear House committee, the floor and received the governor’s approval to become law.

Kyle Pfannenstiel covers the 2018 Idaho Legislature for the University of Idaho McClure Center for Public Policy Research.

Print Article

Read More Local News

Region’s top spellers compete in regional bee

March 17, 2018 at 5:00 am | Coeur d'Alene Press By DEVIN WEEKS Hagadone News Network COEUR d’ALENE — The North Idaho Regional Spelling Bee returns for its 15th year on Saturday at North Idaho College, and with it come about 40 wonderful wordsm...


Read More

Man killed in snow bike accident

March 17, 2018 at 5:00 am | Bonner County Daily Bee COOLIN — A Spirit Lake man was fatally injured last Saturday after colliding with a tree branch while snow biking with friends near Priest Lake, according to Bonner County sheriff’s officials. The v...


Read More

Students enjoy a slice of Pi

March 17, 2018 at 5:00 am | Bonner County Daily Bee SANDPOINT — Raspberry Pi was served up in Dinah Gaddie's manufacturing and design II class at Sandpoint Middle School on Wednesday. Some of the students may have been disappointed they were not gett...


Read More

Hearings set on BNSF bridge plan

March 17, 2018 at 5:00 am | Bonner County Daily Bee SANDPOINT — The Idaho Department of Lands is hosting two hearings in May to gather public comment on a second BNSF Railway span across Lake Pend Oreille. Both hearings are set for Wednesday, May 23....


Read More

Contact Us

(208) 263-9534
PO Box 159
Sandpoint, ID 83864

©2018 Bonner County Daily Bee Terms of Use Privacy Policy