SF0003

Establishes legal protections for armed nuclear security guards at commercial nuclear facilities, including authorization to use defensive force and detain intruders, and creates a felony offense for criminal trespass at such facilities.

• Defines key terms including 'armed nuclear security guard' (person employed or contracted by a nuclear facility, certified as a peace officer, meeting NRC firearm requirements), 'commercial nuclear facility' (NRC-licensed nuclear power reactor with approved security plan), and facility areas such as 'protected area' and 'exclusion area'. (W.S. 6-2-604(a), Sec. 1)
• Grants armed nuclear security guards privilege to use defensive force (but not deadly force) to prevent or terminate burglary, criminal entry, criminal trespass, or criminal trespass at nuclear facilities within the protected area. (W.S. 6-2-604(b))
• Grants armed nuclear security guards privilege to use defensive force, including deadly force, to prevent murder, manslaughter, aggravated assault, kidnapping, burglary, criminal entry, arson, or robbery; to prevent radiological sabotage or theft of special nuclear material; or to defend against imminent use of deadly force within the protected area. (W.S. 6-2-604(c))
• Permits armed nuclear security guards to threaten use of defensive or deadly force if they reasonably believe such threat is necessary to protect themselves or others against potential use of force within the protected area. (W.S. 6-2-604(d))
• Provides that armed nuclear security guards using defensive force in accordance with these provisions shall not be liable under civil or criminal law for such conduct. (W.S. 6-2-604(e))
• Authorizes armed nuclear security guards to detain persons suspected of committing specified offenses (burglary, criminal entry, trespass, nuclear facility trespass, and certain violent crimes) in a reasonable manner and for a reasonable time to summon law enforcement. (W.S. 6-2-604(f))
• Establishes that a security guard's reasonable belief to detain a person constitutes an affirmative defense in civil or criminal actions against the guard, their employer, or the facility owner for false arrest, false imprisonment, unlawful imprisonment, or unlawful detention.