2025
STATE OF WYOMING
25LSO-06521HB0287
HOUSE BILL NO. HB0287
Protecting self-defense-reimbursement and amendments.
Sponsored by: Representative(s) Brown, G, Allemand,
Angelos, Bear, Brady, Campbell, K, Eklund,
Guggenmos, Haroldson, Hoeft, Johnson, Knapp,
Lien, Locke, Lucas, McCann, Schmid, Singh,
Smith, S, Strock, Styvar, Tarver,
Wasserburger, Webb, Wharff and Winter and
Senator(s) Boner, Dockstader, Hicks, McKeown
and Pearson
A BILL
for
1 AN ACT relating to crimes and offenses; clarifying the use
2 of self-defense to prevent injury or loss to other persons
3 and property; requiring the expungement of records for
4 cases dismissed for use of self-defense; authorizing
5 reimbursement of costs incurred in defending a criminal
6 prosecution after successfully asserting self-defense;
7 providing definitions; making conforming amendments;
8 specifying applicability; and providing for an effective
9 date.
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12 2025STATE OF WYOMING25LSO-06522HB02871W.S. 6-2-603 and 6-2-604 are created to
2 read:
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7 (a) When a person who is subject to criminal
8 prosecution is found not guilty, has had the charges
9 dismissed or is otherwise released from custody or further
10 prosecution because the person reasonably used defensive
11 force in accordance with W.S. 6-2-602, the county where the
12 person was charged or subject to criminal prosecution shall
13 reimburse the person for all reasonable costs, including
14 loss of time, bail costs, attorney fees and other costs and
15 expenses involved in the person's defense, including the
16 costs of seeking or receiving an expungement under W.S.
17 6-2-604.
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19 (b) Reimbursement for a person subject to criminal
20 prosecution who is found not guilty because the person
21 reasonably used defensive force under W.S. 6-2-602 is not
22 an independent cause of action. If the trier of fact
23 determines that a person is eligible for reimbursement 2025STATE OF WYOMING25LSO-06523HB0287
1 under this section, the court shall determine the amount of
2 the reimbursement award.
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4 (c) A person subject to criminal prosecution who has
5 had the charges dismissed or is otherwise released from
6 custody or further prosecution, because the person
7 reasonably used defensive force in accordance with W.S.
8 6-2-602, may file a petition for reimbursement in the court
9 in the county in which the person was subject to criminal
10 prosecution. Notwithstanding any other provision of law,
11 there shall be no filing fee for a petition filed under
12 this subsection. If the court determines that a person is
13 eligible for reimbursement under this section, the court
14 shall then determine the amount of the reimbursement award.
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16 (d) Nothing in this section shall preclude using the
17 Wyoming Governmental Claims Act to grant a reimbursement
18 award where none was granted or to grant a higher award
19 than the one (1) award granted under this section.
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22 2025STATE OF WYOMING25LSO-06524HB02871 (a) When a person who is subject to criminal
2 prosecution is found not guilty, has had the charges
3 dismissed or is otherwise released from custody or further
4 prosecution because the person reasonably used defensive
5 force in accordance with W.S. 6-2-602, the court shall
6 order that all records taken or created in connection with
7 the criminal prosecution be expunged. The court shall send
8 notice of the expungement to the division of criminal
9 investigation and any other state agency, entity or
10 political subdivision that the court has reason to believe
11 may have a record pertaining to the criminal prosecution
12 that is subject to the order of expungement under this
13 subsection.
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15 (b) An expungement for a person subject to criminal
16 prosecution who is found not guilty because the person
17 reasonably used defensive force under W.S. 6-2-602 shall
18 not constitute an independent cause of action but shall be
19 ordered by the court overseeing the criminal prosecution.
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21 (c) A person subject to criminal prosecution who has
22 had the charges dismissed or is otherwise released from
23 custody or further prosecution because the person 2025STATE OF WYOMING25LSO-06525HB0287
1 reasonably used defensive force in accordance with W.S.
2 6-2-602 may file a petition for expungement in the court in
3 the county where the person was subject to criminal
4 prosecution.
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6 (d) Any petition for expungement under this section
7 shall be filed not later than one hundred eighty (180) days
8 after the date of arrest or the date the charges for which
9 expungement is sought are dismissed, whichever is later.
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11 (e) Any petition for expungement filed under
12 subsection (c) of this section shall:
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14 (i) Identify the person, the case number and
15 court in which any criminal prosecution resulting in
16 dismissal occurred, the date and place of arrest and the
17 law enforcement agency that arrested the person;
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19 (ii) Include a short, plain statement made under
20 penalty of perjury of the facts that demonstrate that the
21 person is entitled to relief under this section;
22 2025STATE OF WYOMING25LSO-06526HB02871 (iii) Include a request for an order to expunge
2 all records taken or created in connection with the
3 criminal prosecution of the person.
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5 (f) If a petition filed under this section concerns a
6 criminal prosecution that results in a dismissal, the
7 person shall serve a copy of the petition on the district
8 attorney who prosecuted the criminal prosecution. If the
9 petition concerns an arrest that did not result in a
10 prosecution, the person shall serve a copy of the petition
11 on the law enforcement agency that made the arrest. No
12 order granting expungement under this section shall be made
13 less than twenty (20) days after service is made under this
14 subsection.
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16 (g) The district attorney or law enforcement agency
17 may file an objection to the petition not later than twenty
18 (20) days after receipt of service under subsection (f) of
19 this section. If an objection is filed, the court shall set
20 the matter for a hearing. If no objection is filed, the
21 court may summarily enter an order of expungement if the
22 court finds that the person is otherwise eligible for
23 expungement under this section. 2025STATE OF WYOMING25LSO-06527HB02871
2 (h) Notwithstanding any other provision of law, there
3 shall be no filing fee required for any petition for
4 expungement filed under this section.
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6 (j) If the court enters an order of expungement under
7 this section, the person shall be deemed to have never been
8 arrested, charged or prosecuted with respect to the matters
9 and charges that are subject to the order of expungement,
10 and the person may so swear under oath.
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12 (k) The state may appeal any order of expungement
13 issued under this section.
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15 (m) The state and any of its political subdivisions
16 shall not be subject to any civil liability as a result of
17 any criminal prosecution that is expunged under this
18 section.
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20. W.S. 6-2-601 and 6-2-602(a) and by
21 creating new subsections (h) and (j) are amended to read:
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23 2025STATE OF WYOMING25LSO-06528HB02871
2 The common law shall govern in all cases not
3 governed by this article.
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22 2025STATE OF WYOMING25LSO-06529HB02871
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4 (a) The use of defensive force whether actual or
5 threatened, is reasonable when it is the defensive force
6 that a reasonable person in like circumstances would judge
7 necessary to prevent an injury or loss
8, and no
9 more, including deadly force if necessary to prevent
10 imminent death or serious bodily injury to the person
11 employing the deadly force or to another person. As used in
12 this subsection, "necessary to prevent" includes a
13 necessity that arises from an honest belief that the danger
14 exists whether the danger is real or apparent.
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22 2025STATE OF WYOMING25LSO-065210HB0287
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13 Yes ___ No ___
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4. This act is effective immediately upon
5 completion of all acts necessary for a bill to become law
6 as provided by Article 4, Section 8 of the Wyoming
7 Constitution.
8
9 (END)