Wyoming 2025 Regular Session

Wyoming House Bill HB0287 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025
2	2	STATE OF WYOMING
3	3	25LSO-06521HB0287
4	4	HOUSE BILL NO. HB0287
5	5	Protecting self-defense-reimbursement and amendments.
6	6	Sponsored by: Representative(s) Brown, G, Allemand,
7	7	Angelos, Bear, Brady, Campbell, K, Eklund,
8	8	Guggenmos, Haroldson, Hoeft, Johnson, Knapp,
9	9	Lien, Locke, Lucas, McCann, Schmid, Singh,
10	10	Smith, S, Strock, Styvar, Tarver,
11	11	Wasserburger, Webb, Wharff and Winter and
12	12	Senator(s) Boner, Dockstader, Hicks, McKeown
13	13	and Pearson
14	14	A BILL
15	15	for
16	16	1 AN ACT relating to crimes and offenses; clarifying the use
17	17	2 of self-defense to prevent injury or loss to other persons
18	18	3 and property; requiring the expungement of records for
19	19	4 cases dismissed for use of self-defense; authorizing
20	20	5 reimbursement of costs incurred in defending a criminal
21	21	6 prosecution after successfully asserting self-defense;
22	22	7 providing definitions; making conforming amendments;
23	23	8 specifying applicability; and providing for an effective
24	24	9 date.
25	25	10
26	26	11
27	27	12 2025STATE OF WYOMING25LSO-06522HB02871W.S. 6-2-603 and 6-2-604 are created to
28	28	2 read:
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30	30	4
31	31	5
32	32	6
33	33	7 (a) When a person who is subject to criminal
34	34	8 prosecution is found not guilty, has had the charges
35	35	9 dismissed or is otherwise released from custody or further
36	36	10 prosecution because the person reasonably used defensive
37	37	11 force in accordance with W.S. 6-2-602, the county where the
38	38	12 person was charged or subject to criminal prosecution shall
39	39	13 reimburse the person for all reasonable costs, including
40	40	14 loss of time, bail costs, attorney fees and other costs and
41	41	15 expenses involved in the person's defense, including the
42	42	16 costs of seeking or receiving an expungement under W.S.
43	43	17 6-2-604.
44	44	18
45	45	19 (b) Reimbursement for a person subject to criminal
46	46	20 prosecution who is found not guilty because the person
47	47	21 reasonably used defensive force under W.S. 6-2-602 is not
48	48	22 an independent cause of action. If the trier of fact
49	49	23 determines that a person is eligible for reimbursement 2025STATE OF WYOMING25LSO-06523HB0287
50	50	1 under this section, the court shall determine the amount of
51	51	2 the reimbursement award.
52	52	3
53	53	4 (c) A person subject to criminal prosecution who has
54	54	5 had the charges dismissed or is otherwise released from
55	55	6 custody or further prosecution, because the person
56	56	7 reasonably used defensive force in accordance with W.S.
57	57	8 6-2-602, may file a petition for reimbursement in the court
58	58	9 in the county in which the person was subject to criminal
59	59	10 prosecution. Notwithstanding any other provision of law,
60	60	11 there shall be no filing fee for a petition filed under
61	61	12 this subsection. If the court determines that a person is
62	62	13 eligible for reimbursement under this section, the court
63	63	14 shall then determine the amount of the reimbursement award.
64	64	15
65	65	16 (d) Nothing in this section shall preclude using the
66	66	17 Wyoming Governmental Claims Act to grant a reimbursement
67	67	18 award where none was granted or to grant a higher award
68	68	19 than the one (1) award granted under this section.
69	69	20
70	70	21
71	71	22 2025STATE OF WYOMING25LSO-06524HB02871 (a) When a person who is subject to criminal
72	72	2 prosecution is found not guilty, has had the charges
73	73	3 dismissed or is otherwise released from custody or further
74	74	4 prosecution because the person reasonably used defensive
75	75	5 force in accordance with W.S. 6-2-602, the court shall
76	76	6 order that all records taken or created in connection with
77	77	7 the criminal prosecution be expunged. The court shall send
78	78	8 notice of the expungement to the division of criminal
79	79	9 investigation and any other state agency, entity or
80	80	10 political subdivision that the court has reason to believe
81	81	11 may have a record pertaining to the criminal prosecution
82	82	12 that is subject to the order of expungement under this
83	83	13 subsection.
84	84	14
85	85	15 (b) An expungement for a person subject to criminal
86	86	16 prosecution who is found not guilty because the person
87	87	17 reasonably used defensive force under W.S. 6-2-602 shall
88	88	18 not constitute an independent cause of action but shall be
89	89	19 ordered by the court overseeing the criminal prosecution.
90	90	20
91	91	21 (c) A person subject to criminal prosecution who has
92	92	22 had the charges dismissed or is otherwise released from
93	93	23 custody or further prosecution because the person 2025STATE OF WYOMING25LSO-06525HB0287
94	94	1 reasonably used defensive force in accordance with W.S.
95	95	2 6-2-602 may file a petition for expungement in the court in
96	96	3 the county where the person was subject to criminal
97	97	4 prosecution.
98	98	5
99	99	6 (d) Any petition for expungement under this section
100	100	7 shall be filed not later than one hundred eighty (180) days
101	101	8 after the date of arrest or the date the charges for which
102	102	9 expungement is sought are dismissed, whichever is later.
103	103	10
104	104	11 (e) Any petition for expungement filed under
105	105	12 subsection (c) of this section shall:
106	106	13
107	107	14 (i) Identify the person, the case number and
108	108	15 court in which any criminal prosecution resulting in
109	109	16 dismissal occurred, the date and place of arrest and the
110	110	17 law enforcement agency that arrested the person;
111	111	18
112	112	19 (ii) Include a short, plain statement made under
113	113	20 penalty of perjury of the facts that demonstrate that the
114	114	21 person is entitled to relief under this section;
115	115	22 2025STATE OF WYOMING25LSO-06526HB02871 (iii) Include a request for an order to expunge
116	116	2 all records taken or created in connection with the
117	117	3 criminal prosecution of the person.
118	118	4
119	119	5 (f) If a petition filed under this section concerns a
120	120	6 criminal prosecution that results in a dismissal, the
121	121	7 person shall serve a copy of the petition on the district
122	122	8 attorney who prosecuted the criminal prosecution. If the
123	123	9 petition concerns an arrest that did not result in a
124	124	10 prosecution, the person shall serve a copy of the petition
125	125	11 on the law enforcement agency that made the arrest. No
126	126	12 order granting expungement under this section shall be made
127	127	13 less than twenty (20) days after service is made under this
128	128	14 subsection.
129	129	15
130	130	16 (g) The district attorney or law enforcement agency
131	131	17 may file an objection to the petition not later than twenty
132	132	18 (20) days after receipt of service under subsection (f) of
133	133	19 this section. If an objection is filed, the court shall set
134	134	20 the matter for a hearing. If no objection is filed, the
135	135	21 court may summarily enter an order of expungement if the
136	136	22 court finds that the person is otherwise eligible for
137	137	23 expungement under this section. 2025STATE OF WYOMING25LSO-06527HB02871
138	138	2 (h) Notwithstanding any other provision of law, there
139	139	3 shall be no filing fee required for any petition for
140	140	4 expungement filed under this section.
141	141	5
142	142	6 (j) If the court enters an order of expungement under
143	143	7 this section, the person shall be deemed to have never been
144	144	8 arrested, charged or prosecuted with respect to the matters
145	145	9 and charges that are subject to the order of expungement,
146	146	10 and the person may so swear under oath.
147	147	11
148	148	12 (k) The state may appeal any order of expungement
149	149	13 issued under this section.
150	150	14
151	151	15 (m) The state and any of its political subdivisions
152	152	16 shall not be subject to any civil liability as a result of
153	153	17 any criminal prosecution that is expunged under this
154	154	18 section.
155	155	19
156	156	20. W.S. 6-2-601 and 6-2-602(a) and by
157	157	21 creating new subsections (h) and (j) are amended to read:
158	158	22
159	159	23 2025STATE OF WYOMING25LSO-06528HB02871
160	160	2 The common law shall govern in all cases not
161	161	3 governed by this article.
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180	180	22 2025STATE OF WYOMING25LSO-06529HB02871
181	181	2
182	182	3
183	183	4 (a) The use of defensive force whether actual or
184	184	5 threatened, is reasonable when it is the defensive force
185	185	6 that a reasonable person in like circumstances would judge
186	186	7 necessary to prevent an injury or loss
187	187	8, and no
188	188	9 more, including deadly force if necessary to prevent
189	189	10 imminent death or serious bodily injury to the person
190	190	11 employing the deadly force or to another person. As used in
191	191	12 this subsection, "necessary to prevent" includes a
192	192	13 necessity that arises from an honest belief that the danger
193	193	14 exists whether the danger is real or apparent.
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201	201	22 2025STATE OF WYOMING25LSO-065210HB0287
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214	214	13 Yes ___ No ___
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216	216	15 Yes ___ No ___
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222	222	21 Yes ___ No
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224	224	23 2025STATE OF WYOMING25LSO-065211HB02871
225	225	2 Yes ___ No ___
226	226	3
227	227	4. This act is effective immediately upon
228	228	5 completion of all acts necessary for a bill to become law
229	229	6 as provided by Article 4, Section 8 of the Wyoming
230	230	7 Constitution.
231	231	8
232	232	9 (END)