House committee advances HB83 to floor, a state measure targeting criminal illegal presence

The Idaho House State Affairs Committee on Thursday voted to send House Bill 83 to the floor with a due‑pass recommendation. House Bill 83, sponsored by Representative Jaren Crane (District 12) with cosponsor Representative Bruce Scott (District 10), would create a misdemeanor offense for being in the state unlawfully under specified conditions and allow state and local law enforcement to enforce the provision when a person is detained or investigated for an independent crime.

"Law enforcement officers may enforce the provisions of this section only when a person is detained or investigated for suspected commission of an independent crime," said Bruce Scott, District 10, during the sponsor presentation. Scott and other sponsors said the bill is focused on people who commit other criminal acts while in the state unlawfully, not on routine infractions or traffic stops.

Representative Jaren Crane described HB83 as modeled in part on a Texas law and said the sponsors made changes after meetings with industry groups, including the Home Builders and the Dairymen’s Association. "The purpose of this legislation is to give our state and local law enforcement agencies the ability to work with the [federal] agents in order to curtail this issue," Crane said while presenting the bill.

Public testimony at the committee hearing was uniformly supportive in the recorded record. Bob Narrevelt, identified as Director for Government Affairs for the Dairymen’s Association, told the committee the association supported the bill and provided a bill analysis reflecting the changes sponsors incorporated. Daniel Murphy of Boise testified in favor and described the measure as giving law enforcement "tools to investigate, detain subject[s], suspects who might be here illegally." Sheriff Bob Norris of Kootenai County testified virtually in support, saying the bill would give local law enforcement "another tool in our toolbox."

Fiscal issues were discussed. Representative Crane summarized the fiscal note: a supplemental appropriation of $250,000 and an ongoing FY2026 general‑fund appropriation of $1,000,000. He told the committee staff had estimated transportation and incarceration costs, citing a private transport cost of about $4,500 per transfer and showing department and county incarceration daily rates (FY24) of roughly $92.86 for state facilities and $74.49 for counties. Crane said sponsors used a per‑case estimate of $40,000 and calculated a total cost for the modeled caseload of $545,675.66, below the $1,000,000 appropriation in the fiscal note.

Representative Alfieri moved to send HB83 to the floor with a due‑pass recommendation. The committee approved the motion by voice vote; the chair announced the motion carried. The clerk placed Representative Achilles and Representative Kasner on the record voting no. The transcript did not include a full roll‑call tally.

Committee discussion included concerns about federal preemption and constitutionality. Representative Achilles asked whether the bill risks litigation under the federal supremacy clause; sponsors said they believe the bill's drafting and differences from the Texas model reduce that risk but acknowledged private litigation is possible. Sponsors said they considered but rejected a "trigger" tied to court outcomes in Texas, arguing they preferred Idaho pursue its own path.

The committee advanced HB83 to the floor for further consideration.