Amends existing law to provide a penalty for a riot that results in physical injury to a person.
Summary
House Bill 125 amends Idaho’s riot statute, Section 18-6402, to add a specific felony penalty when a riot results in physical injury to any person. Under the bill, a riot becomes a felony if it occurs at or near a correctional facility or involves hostages, if property damage exceeds $500, or if it causes physical injury. The bill also retains the misdemeanor classification for riots that do not meet those felony thresholds.
The measure sets the punishment for a riot causing physical injury at up to five years in state prison, a fine of up to $10,000, or both. It also preserves existing felony penalties for riots involving correctional facilities, hostages, or significant property damage, and keeps the general misdemeanor penalty for other riot offenses. The bill includes technical corrections and an emergency clause, making it effective July 1, 2025.
Impact
The bill directly amends Idaho Code section 18-6402 by expanding and clarifying the circumstances under which riot conduct is punished as a felony. It affects criminal defendants charged with riot-related offenses, prosecutors, and courts by creating an explicit penalty category for riots that result in bodily injury, while leaving the misdemeanor framework intact for less serious incidents. The emergency clause accelerates implementation to July 1, 2025.
Sentiment
The available voting history suggests the bill received majority support in the House, passing third reading 44-26. That vote indicates generally favorable sentiment toward strengthening riot penalties, particularly for incidents involving injury. No committee transcript is available, so the record does not show detailed debate or amendments, but the floor vote suggests the measure was supported by a clear majority while drawing meaningful opposition.
Contention
The likely point of contention is the expansion of felony liability for riot conduct, especially the new felony trigger based on physical injury. Supporters appear to favor tougher penalties for riots that harm people or threaten public safety, while opponents likely object to increasing criminal penalties or to how broadly riot conduct may be swept into felony treatment. The 44-26 vote indicates the bill was not unanimous and that concerns about punishment severity or criminal justice policy were significant enough to generate opposition.