Rating: –1

Bill Summary:
H0125 amends Section 18-6402 of the Idaho Code to increase penalties for participation in a riot, particularly when the incident involves certain aggravating factors. The bill classifies a riot as a felony if any of the following conditions are met:

• It occurs at a correctional facility or involves taking hostages (mandatory minimum of 5 years, up to 20 years in prison, and/or $25,000 fine).
• It causes property damage over $500 (up to 5 years in prison and/or $10,000 fine).
• It results in physical injury to any person (same penalty as above).

All other instances of rioting remain classified as misdemeanors (up to 1 year in jail and $5,000 fine). The bill also includes technical corrections and an emergency clause, making it effective July 1, 2025.

Reason for Rating:
While maintaining public order is essential, H0125 raises concerns under the Idaho Republican Party Platform’s commitment to limited government and constitutional liberties, particularly freedom of assembly and protest. By setting a low financial threshold ($500 in property damage) for felony classification and authorizing multi-year prison sentences for protest-related actions, the bill risks criminalizing constitutionally protected civil disobedience or peaceful protests that escalate unpredictably. The mandatory minimum for penitentiary-related riots may also limit judicial discretion in cases with extenuating circumstances. Although intended to deter violent unrest, the broad application and stiff penalties could lead to government overreach and suppression of dissent, justifying a negative rating.

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