Amends Senate Bill 1326a to revise a definition and revise provisions regarding federal government agents and local coordination.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 936 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO PROPERTY; AMENDING SECTION 18-7102, IDAHO CODE, AS ADDED IN2 SECTION 1 OF SENATE BILL NO. 1326, AS AMENDED, IF ENACTED BY THE SEC-3 OND REGULAR SESSION OF THE SIXTY-EIGHTH IDAHO LEGISLATURE, TO REVISE4 A DEFINITION; AMENDING SECTION 18-7104, IDAHO CODE, AS ADDED IN SEC-5 TION 1 OF SENATE BILL NO. 1326, AS AMENDED, IF ENACTED BY THE SECOND6 REGULAR SESSION OF THE SIXTY-EIGHTH IDAHO LEGISLATURE, TO REVISE PROVI-7 SIONS REGARDING FEDERAL GOVERNMENT AGENTS AND LOCAL COORDINATION; AND8 DECLARING AN EMERGENCY.9

Be It Enacted by the Legislature of the State of Idaho:10

SECTION 1. That Sections 18-7102, Idaho Code, as added in Section 1 of11 Senate Bill No. 1326, As Amended, if enacted by the Second Regular Session12 of the Sixty-eighth Idaho Legislature, be, and the same is hereby amended to13 read as follows:14 18-7102. DEFINITIONS. As used in this chapter:15 (1) "Exigent circumstances" means only those limited, judicially rec-16 ognized exceptions to the warrant requirement under section 17, article I of17 the constitution of the state of Idaho and the fourth amendment to the United18 States constitution.19 (2) "Government agent" means any employee or representative of the20 state of Idaho, or any political subdivision thereof, or the federal govern-21 ment, acting in an official capacity.22 (3) "Private land not open to the public" or "private land" means any23 privately owned real property, not including any place of habitation or the24 associated curtilage, where a person knows or has reason to know that the25 person's presence is not permitted pursuant to the provisions of section26 18-7008(2)(a), Idaho Code.27 (4) "Search warrant" or "warrant" has the same meaning as that term is28 defined in section 19-4401, Idaho Code, and shall include an arrest warrant29 as described in section 19-507, Idaho Code.30

SECTION 2. That Sections 18-7104, Idaho Code, as added in Section 1 of31 Senate Bill No. 1326, As Amended, if enacted by the Second Regular Session32 of the Sixty-eighth Idaho Legislature, be, and the same is hereby amended to33 read as follows:34 18-7104. FEDERAL GOVERNMENT AGENTS AND LOCAL COORDINATION. Prior to35 executing a search warrant on private land pursuant to section 18-7103,36 Idaho Code, federal government agents shall should notify the county sher-37 iff, unless exigent circumstances exist.38

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SECTION 3. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after its2 passage and approval.3