BOISE, Idaho — A bill, named to honor a 12-day-old Nampa baby who passed away, is moving forward in the Idaho Legislature after emotional testimony from community members and debate among lawmakers.
House Bill 776, known as Benji’s Law, advanced out of the House Health and Welfare Committee on a 12-4 vote Tuesday and now heads to the full House for consideration.
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The legislation is named after baby Benjamin, who died in December while in the care of his parents, Allysen Armenta and Brian Lemke. Both are in custody and facing charges of failure to report a death and injury to a child.
WATCH: Emotional testimony from foster parents, doctors, and lawmakers pushes Benji’s Law forward
Supporters say the case highlights gaps in how quickly the state responds to reports involving high-risk infants.
“I feel like, thankfully, that there's enough of the 'yay' vote to pass this through, and I just want to support Benji's siblings and all of the future siblings that Benji may have,” said foster mother Misty Cook.
Benji’s Law would require the Idaho Department of Health and Welfare to respond more quickly in certain cases involving infants, prioritizing investigations within hours instead of days.
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During testimony, Dr. Kylie Billingsley pointed to troubling trends in Canyon County.
“In August of 2025 in Canyon County, there were reportedly three to four infants in foster care at one time with fractured skulls,” Billingsley said. “If infants are entering care after serious injury, it often means the system is intervening too late.”
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Boise County Deputy David Gomez, who previously helped remove other children from Armenta and Lemke’s care, told lawmakers that delays can allow families to avoid intervention.
“Within the three days that it takes Health and Welfare to get there, that family’s packed up and moved out,” Gomez said. “I lost them for six months before I found them again.”
For those closest to the case, the testimony was deeply personal.
Monique Peyre, who adopted Benjamin’s siblings after they were removed from their parents’ care, urged lawmakers to pass the bill.
“I am begging you as a mother who has cried a river of tears over baby Benjamin, please vote yes for this bill and help protect future babies,” Peyre said.
However, not all lawmakers were in agreement.
Some raised concerns about whether the bill could infringe on constitutional protections, particularly the Fourth Amendment.
“I do believe that it violates the tenets of the Constitution, specifically the Fourth Amendment,” said Rep. David Leavitt, R-Twin Falls.
Others argued the priority should be protecting vulnerable children.
“I guess I struggle with people who think this is a hard decision,” said House Health and Welfare Committee Chairman John Vander Woude. “To me it’s pretty easy — to protect the most vulnerable.”
Supporters of the bill say it does not create new investigative powers, but instead requires faster response times when there are clear risk factors.
The bill now awaits a hearing on the Idaho House floor.
READ MORE | Benji’s Law advances in Idaho Legislature after infant’s death in Nampa
The committee’s 12-4 vote sends the bill to the House floor with a “do pass” recommendation.
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