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H 474

An act relating to miscellaneous changes to election law

2025-2026 Regular Session

Idaho H 474 requires law enforcement to verify and record arrested individuals' immigration status and nationality, publish biannual reports, with funding loss for noncompliance.

House message: Governor approved bill on June 25, 2025
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Bill Summary · H 474

Summary of Idaho House Bill 474 (H 474)

Overview

  • Bill: H 474
  • Title: IMMIGRATION STATUS AND NATIONALITY OF ARRESTED INDIVIDUALS
  • Purpose: Adds a new section to Idaho code to require law enforcement agencies to verify and record the immigration status and nationality of arrested individuals, and to publish biannual reports on related data.
  • Sponsor: Representative Hawkins (primary)
  • Status: Introduced and printed; Filed in the Office of the Chief Clerk
  • Introduced/Date: April 1, 2025
  • Effective date: July 1, 2025 (emergency clause included)

Key Provisions

New Section created

  • Statute location: Idaho Code, Chapter 30, Title 67, adding Section 67-3015.
  • Definitions (Section 67-3015(1)):
    • "Administration of criminal justice" includes detection, apprehension, detention, pretrial/post-trial release, prosecution, adjudication, correctional supervision, rehabilitation, and related criminal history activities.
    • "Arrest" means taking a person into custody by a peace officer or private citizen.
    • "Immigration status" refers to a person’s legal right to be in the United States, or lack thereof.
    • "Law enforcement agency" includes state, local, municipal, or county agencies (e.g., Idaho State Police, police departments, sheriff’s departments).
  • Verification and recording (Section 67-3015(2)): In the performance of the administration of criminal justice, all law enforcement agencies must verify and record the immigration status and nationality of any arrested individual.
  • Biannual reporting (Section 67-3015(3)): By October 1, 2025, and then biannually thereafter, each agency must publish a report detailing:
    • Immigration status and nationality of criminal offenders.
    • Crime statistics related to foreign nationals arrested in Idaho, including the number of illegal aliens investigated, apprehended, detained, and transferred to federal officials.
    • The crimes for which such persons were arrested, if any.
    • Any reason for noncompliance with the provisions.
  • Funding implications (Section 67-3015(4)): Agencies that fail to comply may be subject to withholding of state funding.

Administrative and Fiscal Aspects

  • Fiscal Note: The accompanying fiscal note states there is no anticipated increase or decrease in revenue or expenditures at the state or local level; thus, no net fiscal impact is expected. The note is provided by bill proponents and is not a formal legislative opinion.
  • Emergency and Effective Date (Section 2): The act declares an emergency and becomes effective on July 1, 2025.

Impact and Scope

  • Who is affected: All local, county, and state law enforcement agencies in Idaho (including state police, municipal police, and county sheriff’s departments).
  • What changes: Agencies must verify and record the immigration status and nationality of arrested individuals and publish biannual reports containing this information plus related crime statistics involving foreign nationals.
  • Enforcement and penalties: Noncompliant agencies risk state funding being withheld.
  • Data and privacy considerations: The bill expands collection of immigration-related data tied to arrests and public reporting, potentially affecting privacy and civil rights discussions, data management, and interagency information sharing.

Timeline and Next Steps

  • April 1, 2025: Bill introduced and referred for printing; first reading occurred.
  • By October 1, 2025: First biannual report due from each agency.
  • Ongoing: Biannual reporting thereafter; ongoing compliance and potential funding implications for noncompliant agencies.

Compiled from official sources — confirm details with the bill’s official record.

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