Idaho Code
Idaho Code § 73-101 (2026)
Codes not retroactive.
✓ current as of May 2026
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Codes not retroactive.
No part of these compiled laws is retroactive, unless expressly so declared.
Notes of Decisions
Cited in 63
cases (8 in the last 5 years), 1968–2026 · leading case: State v. O'NEILL, 796 P.2d 121 (Idaho 1990).
State v. O'NEILL, 796 P.2d 121 (Idaho 1990). “Idaho Code § 73-101 does not preclude the legislature from amending the statute of limitations applicable to a given individual after the individual has committed a crime, but prior to the running of the statute of limitations in existence at the time of the commission of the…”
State v. Lindquist, 589 P.2d 101 (Idaho 1979). “Idaho Code § 73-101 states, "No part of these compiled laws is retroactive, unless expressly so declared.”
Guzman v. Piercy / Canyon Cnty. / Sutton, 318 P.3d 918 (Idaho 2014). ““Consonant with this view, I.C. § 73-101 states that 10 ‘[n]o part of these compiled laws is retroactive, unless expressly so declared.”
State v. Daniel William Leary, 372 P.3d 404 (Idaho 2016). “Assuming, arguendo, that the amended Credit Statutes were enacted when the district court made its decision, we hold that they do not have retroactive effect.”
Stuart v. State, 232 P.3d 813 (Idaho 2010). “Although I.C. § 73-101 provides that "[n]o part of these compiled laws is retroactive, unless expressly so declared," we have noted that where a statute is procedural or merely "draws upon facts antecedent to its enactment" it will be held to be prospective in nature.”
City of Garden City v. City of Boise, 660 P.2d 1355 (Idaho 1983). “(3) Whether substitution of the electoral process as a means of resolving local planning disputes constitutes an unlawful delegation of police powers.”
Griggs v. Nash, 775 P.2d 120 (Idaho 1989). “I.C. § 73-101 provides that no part of our statutes "is retroactive, unless expressly so declared.”
Doe v. Boy Scouts of Am., 224 P.3d 494 (Idaho 2009). “On appeal, the BSA argues that the district court erred in: (1) allowing the Does’ section 6-1701 claim because it is an improper retroactive application of a statute in violation of section 73-101; (2) finding that the Does’ section 6-1701 claims are not barred by the…”
State v. Raudebaugh, 864 P.2d 596 (Idaho 1993). “See I.C. § 73-101 ("No part of these compiled laws is retroactive, unless expressly so declared.”
Univ. of Utah Hosp. Ex Rel. Harris v. Pence, 657 P.2d 469 (Idaho 1982). “Under this earlier provision an indigent receiving emergency medical treatment could apply for county aid within one year of discharge from the hospital, and the instant application would have been timely. Retroactive application of the 1976 version of I.”
Mellinger v. State, 740 P.2d 73 (Idaho Ct. App. 1987). “Relying on I.C. § 73-101, which provides that "[n]o part of these compiled laws is retroactive, unless expressly so declared," Mellinger asserts that the amendment to I.”
Gailey v. Jerome Cnty., 745 P.2d 1051 (Idaho 1987). “The time for filing the notice of claims for those plaintiffs had expired long before the 1985 amendment, which extended the 120-day limitation to 180 days, became effective.”
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