Idaho
Idaho bill to extend death penalty unconstitutional, aims for US Supreme Court review – East Idaho News
BOISE (Idaho Statesman) — The Idaho House overwhelmingly passed a bill that would allow the death penalty for anyone convicted of certain sex crimes against preteen children Tuesday, even as its sponsor acknowledged that such a law would be unconstitutional.
House Bill 515 is designed to challenge decades of U.S. Supreme Court precedent that limited death sentences to defendants who commit murder, said Rep. Bruce Skaug, R-Nampa, who co-sponsored the bill with Rep. Josh Tanner, R-Eagle. With the current supermajority of conservative-leaning justices on the nation’s highest court, the hope is that the U.S. Supreme Court will review the Idaho bill if it becomes law and issue a decision that expands the eligibility for the death penalty.
“There is a deep, dark, dark side in our culture, and it’s our job to protect the children,” Skaug said Tuesday. “There are times when things are so wicked that retribution is appropriate.”
RELATED | Adding lewd conduct with a child as a crime punishable by death could be problematic
The House approved the bill in a 56-12 vote. The bill next heads to the Senate for committee review.
The U.S. Supreme Court in 2008 ruled that the Eighth Amendment of the U.S. Constitution prohibits death sentences for the rape of a child under 12 years old when the victim survived. That decision doubled down on a landmark decision in 1977 that found that a death sentence was “grossly disproportionate and excessive punishment” for the rape of an adult whose life was not also taken.
The 1977 case, Coker v. Georgia, was decided by a 7-2 vote among the justices, while the 2008 ruling in Kennedy v. Louisiana came in a 5-4 decision. Three of those justices who dissented in 2008, including Chief Justice John Roberts, remain on the court today along with three other conservative justices.
RELATED | Legislature introduces bill to allow death penalty for lewd conduct with minor under 12
“I believe that was a wrong decision that took away our state’s right to decide what to do in the most heinous crimes of our community in our state,” said Skaug, a personal injury attorney. “I think there will be a very different decision with our present Supreme Court.”
The Idaho bill mirrors a law that took effect in Florida last year, when the governor sought to overturn the U.S. Supreme Court’s prior precedent. The first defendant to face the prospect of the new law reached a plea deal in exchange for life in prison without the chance of parole.
“Idaho needs to be like Florida and lead out in this and go, ‘We’re here to protect these kids,’” Tanner added. “At some point in time, we have to be able to say, ‘No, enough is enough,’ with … the most severe ones.”
The American Civil Liberties of Idaho, which opposes the death penalty, also opposes the newly proposed law in Idaho.
“We think the Legislature has a duty and responsibility to uphold the law and serve the people that is constitutional instead of attacking people’s constitutional rights,” Rebecca De León, spokesperson for the ACLU of Idaho, told the Idaho Statesman in a phone interview. “This is a very irresponsible use of taxpayer funding.”
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PAYETTE — A Payette mom’s bond was revoked Tuesday after she was charged with suffocating her twin children earlier this month and is believed to pose a danger to the life of her newborn child.
The case, which has drawn national headlines, concerns Andrea Renee Shaw, a 23-year-old Payette mother who in May 2025 said her 18-month-old fraternal twins died the same day, after receiving routine childhood vaccinations. In January, Shaw joined as a plaintiff in a federal lawsuit filed by Children’s Health Defense, an anti-vaccine organization founded by Robert F. Kennedy Jr., with several other plaintiffs claiming vaccine injury or death.
Kennedy, who now serves as secretary of Health and Human Services, is no longer part of the group after taking on the cabinet position, as was reported by the Associated Press.
In Idaho, the twins’ deaths prompted a 14-month investigation by the Payette County Sheriff’s Department. On June 29, the investigation yielded a grand jury indictment of Shaw on two counts of first-degree murder by suffocation. If convicted, Shaw can be punished by up to life in prison or the death penalty, and the court would have the ability to order the penalties be served consecutively, or back to back.
Tuesday’s arraignment at the Payette County Courthouse was primarily attended by Shaw’s relatives and members of the media. Payette County Judge Kiley Stuchlik, who serves Idaho’s Third Judicial District, presided.
A key consideration for Stuchlik on Tuesday was a request from Joseph Filicetti, the legal counsel for Shaw, to have her bond reduced from $2 million to $100,000. Filicetti said this would allow for Shaw to care for a newborn girl, who, according to court documents, was born by caesarean section on June 25, four days prior to Shaw’s grand jury indictment.
State prosecutors objected to the motion for bond reduction, noting at hand was a potential death penalty case and asserting, unlike her husband, Shaw’s story repeatedly changed during questioning. Prosecuting Attorney Mike Duke said releasing Shaw would ultimately put the newborn’s safety at risk.
“That child is the most at risk. We do not think she should be allowed to be anywhere near any children, let alone her own children,” Duke said.
Stuchlik decided to revoke bond entirely, stating Shaw posed a “risk of safety” to the newborn child that was not known to Stuchlik or prosecutors when the $2 million bond was initially set.
Also for consideration Tuesday was a request to have grand jury transcripts of witness testimony provided to prosecutors and defense counsel to prepare their respective cases.
Idaho
Idaho is home to the nation's first DarkSky Reserve. Now it's home to the nations first DarkSky Certified Resort
IDAHO FALLS, Idaho (KIFI) – A controversy is brewing as the City of Idaho Falls reviews its alcohol ordinance.
The goal is to consolidate four existing ordinances for beer, wine and liquor into a single law and ensure compliance with state code.
However, at its meeting last Thursday, the Idaho Falls City Council unanimously voted to remove the proposed ordinance from its agenda, in order to receive and consider additional public comment.
The proposed ordinance would:
1. Require commercial establishments selling, dispensing or permitting consumption of alcohol – including beer, wine or liquor – to have an alcohol license, alcohol catering permit or a charitable event permit.
2. Business events with 20 or less employees consuming alcohol at the business would be allowed.
3. Require alcohol servers to complete training every three years.
4. Individuals who violate the law could be charged with a misdemeanor.
Idaho Falls City Council President Jim Francis said the changes were the culmination of months of collaboration between law enforcement, business owners and city attorneys.
“We wanted to provide a safe environment – the primary point here – for public gatherings,” Francis said. “We recognize that certain antiquated elements of the current code are overly restrictive and needed to be addressed. We wanted to make the code more accessible to the public. We needed to address over-pouring issues. We wanted to reduce penalties where possible for violations, particularly the first offenses, and yet make the code clear enough to be enforceable consistently by law enforcement.”
But City Council Member John Radford said the changes represent an overreach by city government.
“I believe it’s a bad policy. What problem are we solving in the name of trying to solve a non-problem?” Radford said. “We’re becoming big brother around alcohol in your private property. I’m concerned that landlords will be at risk of being charged with a misdemeanor if they knowingly, which I made sure that was in there, because that is what we’ve been talking about, allowed people to drink in our business. We will be outside the norm of Idaho cities. This is a big step, and I don’t think the public has weighed in on this.”
At a City Council Work Session on June 1, Idaho Falls Chief of Police Bryce Johnson cited an increase in alcohol-related crime – particularly downtown – as a reason for the changes.
“DUI is there, but this would include sexual assaults, assaults, batteries, disturbances, urination, public vandalism, shooting – all sorts of crimes,” Johnson said.
But business owners are concerned about the potential impact on commercial enterprises.
“The ordinance doesn’t address the real problem – which is people drinking … at one event and then showing up in a bar or restaurant already hammered and causing problems anyway,” ” said Terri Ireland, representing the Idaho Falls Downtown Merchants Association. “The industry is really well-regulated by state and local laws already.”
The City of Idaho Falls began the process of updating its alcohol ordinance in January 2026, seeking input from community stakeholders.
Multiple community members spoke out about the ordinance.
For more in-depth information, you can read the full 39-page proposed alcohol ordinance here.
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