HB0014

Authorizes reimbursement of criminal defense costs and expungement of records for individuals charged with crimes who successfully assert self-defense, and clarifies self-defense law to include protection of property and others.

• Allows counties to reimburse persons found not guilty or released from prosecution due to reasonable self-defense for all reasonable costs including attorney fees, bail costs, loss of time, and expungement costs. (W.S. 6-2-604(a))
• Provides that reimbursement determinations are made by the court in the underlying criminal action, with no independent cause of action required. (W.S. 6-2-604(b))
• Allows persons with dismissed charges or released from prosecution due to self-defense to file a petition for reimbursement with no filing fee, with the court determining the award amount. (W.S. 6-2-604(c))
• Permits individuals to seek reimbursement under the Wyoming Governmental Claims Act if no award was granted or to seek a higher award than one previously granted. (W.S. 6-2-604(d))
• Establishes a petition process for expungement of records for persons acquitted or released from prosecution due to reasonable self-defense, with no filing fee required. (W.S. 6-2-605(a), W.S. 6-2-605(e))
• Specifies petition requirements including identification of case details, sworn statement of facts, and request to expunge all records; requires service on prosecuting district attorney or arresting law enforcement agency with a 20-day objection period. (W.S. 6-2-605(b), W.S. 6-2-605(c), W.S. 6-2-605(d))
• Provides that upon acquittal based on self-defense, courts must summarily enter expungement orders and persons may swear they were never arrested or prosecuted. (W.S. 6-2-605(f), W.S. 6-2-605(g))
• Clarifies that reasonable self-defense use of force applies to preventing injury or loss to oneself, another person, or property, including deadly force to prevent imminent death or serious bodily injury, based on honest belief of danger whether real or apparent. (W.S. 6-2-602(a))
• Requires special verdict forms in jury trials where self-defense is claimed, asking whether acquittal was based on self-defense and whether the defendant was protecting self, family, property, or aiding another in danger or from violent felony.