HB0287

Failed

Protecting self-defense-reimbursement and amendments.

Allow individuals to recover legal defense costs after successfully asserting self-defense and expunge related criminal records.

Full legal title

AN ACT relating to crimes and offenses; clarifying the use of self-defense to prevent injury or loss to other persons and property; requiring the expungement of records for cases dismissed for use of self-defense; authorizing reimbursement of costs incurred in defending a criminal prosecution after successfully asserting self-defense; providing definitions; making conforming amendments; specifying applicability; and providing for an effective date.

Sponsor:

Co-sponsors: Representative(s) 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, Winter, Senator(s) Boner, Dockstader, Hicks, McKeown, Pearson

View on wyoleg.gov Introduced Text (PDF)Digest (PDF)Fiscal Note (PDF)

What does this bill do?

Establishes reimbursement and record expungement procedures for individuals who successfully assert self-defense in criminal prosecutions, and clarifies that self-defense may be used to protect oneself, others, or property.

Requires the county where a person was charged to reimburse all reasonable defense costs, including attorney fees, bail, and loss of time, when the person is found not guilty or charges are dismissed based on reasonable use of defensive force under W.S. 6-2-602. (W.S. 6-2-603(a))
Allows persons with dismissed charges or who are otherwise released from prosecution based on self-defense to file a petition for reimbursement in the county court without a filing fee, with the court determining the reimbursement amount. (W.S. 6-2-603(c))
Permits reimbursement awards to be pursued alternatively or additionally under the Wyoming Governmental Claims Act. (W.S. 6-2-603(d))
Requires courts to order expungement of all records related to criminal prosecutions when a person is found not guilty or charges are dismissed based on reasonable use of defensive force, and mandates notice to the division of criminal investigation and other relevant agencies. (W.S. 6-2-604(a))
Establishes a petition process for expungement with a 180-day filing deadline after arrest or charge dismissal, requiring identification of the case, statement of facts under penalty of perjury, and service on the district attorney or arresting law enforcement agency. (W.S. 6-2-604(c), W.S. 6-2-604(e), W.S. 6-2-604(f))
Provides that expungement petitions are free to file and allows courts to summarily grant expungement if no objection is filed within 20 days, while allowing district attorneys and law enforcement to object and request a hearing. (W.S. 6-2-604(g), W.S. 6-2-604(h))
Provides that persons with expunged records are deemed never to have been arrested or charged and may swear to that effect under oath, though the state retains appeal rights. (W.S. 6-2-604(j), W.S. 6-2-604(k))
Clarifies that use of defensive force is reasonable when necessary to prevent injury or loss to oneself, another person, or property, and includes defensive force based on honest belief that danger exists, whether real or apparent.

Actions (3)

2/3/2025(House)

H Did not Consider for Introduction

1/27/2025(House)

H Received for Introduction

1/25/2025(LSO)

Bill Number Assigned

Roll Call Votes (0)

No roll call votes recorded.