Rating: –1

Bill Summary:

Senate Bill 1139 amends Idaho Code §19-5109 to expand restrictions on who may be certified as a peace officer in the state. The bill mandates that the Peace Officer Standards and Training (POST) Council reject any applicant convicted of a felony listed under Idaho Code §18-310(2), or an equivalent offense in another jurisdiction, including cases where the conviction was later reduced, dismissed, pardoned, or expunged. It also broadens the definition of “convicted” to include withheld judgments and rehabilitative outcomes that do not result in full exoneration. Additionally, the POST Council retains discretionary authority to reject applicants with other felony or misdemeanor convictions. The bill includes an emergency clause and takes effect July 1, 2025.

Reason for Rating:
S1139 violates the Idaho Republican Party Platform’s commitment to civil liberties, due process, and second chances by permanently barring individuals from public service based on past convictions—even if those convictions were pardoned, expunged, or dismissed under Idaho law. The bill eliminates POST Council discretion for certain cases and expands the definition of “conviction” in a way that undermines existing judicial rehabilitation mechanisms like withheld judgments and sentence reductions. Rather than allowing for individualized assessments of fitness to serve, it imposes rigid, one-size-fits-all prohibitions that contradict the platform’s emphasis on redemption, workforce reintegration, and limiting bureaucratic overreach.