Withdrawn 3rd reading by Stith
HB0168
Wyoming Law on Using Force for Self-Defense
In one sentence
This law defines when people can use force to protect themselves, removes the requirement to run away first, and protects those who use reasonable force from being sued or arrested.
What it does
- Allows a person to use force if a reasonable person would judge it necessary to prevent injury or loss.
- Permits the use of deadly force if it is necessary to prevent imminent death or serious bodily injury.
- States that a person does not have to retreat before using defensive force if they are in a place where they are lawfully present.
- Provides that a person who uses reasonable defensive force is immune from civil lawsuits.
- Requires courts to award reasonable attorney fees, court costs, compensation for loss of income, and other expenses to a person who is found immune from civil liability.
- States that a person who uses reasonable defensive force is not subject to criminal prosecution.
Who it affects
- Any person who uses defensive force in Wyoming.
- Courts handling civil lawsuits related to the use of force.
- Employees of the Wyoming Department of Corrections, who are excluded from certain definitions and presumptions regarding deadly force.
Limits and unknowns
- The law does not apply if the person using force is the initial aggressor or is engaged in illegal activity.
- The presumption of reasonable fear does not apply if the person entering the home has a legal right to be there, such as an owner, lessee, or titleholder, unless there is a specific court order against them.
- The presumption of reasonable fear does not apply if the person is a peace officer or an employee of the Wyoming Department of Corrections acting in their official duties.
- The law excludes force used against an employee of the Wyoming Department of Corrections from the definition of deadly force and the presumption for using defensive force.
Plain language
Terms to know
- Deadly force
- Force that is intended or likely to cause death or serious bodily injury.
- Habitation
- Any structure designed or adapted for overnight accommodation, including buildings, modular units, trailers, campers, and tents.
- Immunity from civil action
- Legal protection that prevents a person from being sued for using reasonable defensive force.
Official record
Sources
Read the official summary
Bill Summary Bill No.: HB0168 Effective : 7/1/2018 LSO No.: 18LSO-0503 Enrolled Act No.: HEA No. 0063 Chapter No.: 135 Prime Sponsor: Salazar Catch Title: Stand your ground-2. Subject: Use of defensive force; duty to retreat; criminal & civil liability. Summary/Major Elements: Permits a person to use or threaten the use of defensive force when a reasonable person would judge it necessary to prevent an injury or loss. The use of defensive force may include deadly force if it is necessary to prevent imminent death or serious bodily injury to the person or to another person. Provides that a person who is attacked in a place where he is lawfully present has no duty to retreat before using reasonable defensive force, so long as he is not the initial aggressor and is not engaged in illegal activity. Establishes that a person who uses reasonable defensive force is immune from civil action for using that force. Th is act also provides that a court must award reasonable attorney fees, court costs, compensation for loss of income and other expenses to a person who is deemed immune from civil liability in a lawsuit. Provides that a person who uses reasonable defensive force is not subject to criminal prosecution . Excludes force used against an employee of the Wyoming Department of Corrections from both the definition of "deadly force" and the existing presumption for using defensive force. The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill .
Public statements
Why lawmakers voted
Last checked Sep 12, 10:58 AM
Wyoming roll calls
Recorded votes
6 roll calls
H Concur:Passed 49-11-0-0-02018-03-10 · House49 yes 11 no
- Yes
- 49
- No
- 11
- Absent
- 0
- Excused
- 0
- Conflict
- 0
Yes 49
S 3rd Reading:Passed 26-4-0-0-02018-03-09 · Senate26 yes 4 no
- Yes
- 26
- No
- 4
- Absent
- 0
- Excused
- 0
- Conflict
- 0
Yes 26
S05 - Agriculture:Recommend Amend and Do Pass 4-1-0-0-02018-03-07 · Senate4 yes 1 no
- Yes
- 4
- No
- 1
- Absent
- 0
- Excused
- 0
- Conflict
- 0
H 3rd Reading:Passed 47-11-2-0-02018-02-28 · House47 yes 11 no
- Yes
- 47
- No
- 11
- Absent
- 0
- Excused
- 2
- Conflict
- 0
Yes 47
No 11
Excused 2
H01 - Judiciary:Recommend Amend and Do Pass 8-1-0-0-02018-02-21 · House8 yes 1 no
H Introduced and Referred to H01 - Judiciary 51-8-1-0-02018-02-15 · House51 yes 8 no
- Yes
- 51
- No
- 8
- Absent
- 0
- Excused
- 1
- Conflict
- 0
Yes 51
No 8
Excused 1
Official activity
Bill history
- HEA No. 0063 Became law without signature
- Assigned Chapter Number 135LSO
- S President Signed HEA No. 0063Senate
- H Speaker Signed HEA No. 0063House
- Assigned Number HEA No. 0063LSO
- H Concur:Passed 49-11-0-0-0House
- H Received for ConcurrenceHouse
- S 3rd Reading:Passed 26-4-0-0-0Senate
- S 2nd Reading:PassedSenate
- S COW:PassedSenate
- S Placed on General FileSenate
- S05 - Agriculture:Recommend Amend and Do Pass 4-1-0-0-0Senate
- S Introduced and Referred to S05 - AgricultureSenate
- S Received for IntroductionSenate
- H 3rd Reading:Passed 47-11-2-0-0House
- H 3rd Reading:Laid BackHouse
- H 2nd Reading:PassedHouse
- H COW:PassedHouse
- H Placed on General FileHouse
- H01 - Judiciary:Recommend Amend and Do Pass 8-1-0-0-0House
Changes
Amendments
7 stored
Withdrawn 3rd reading by Gierau
Withdrawn 3rd reading by Nicholas
Withdrawn Committee of the Whole by Stith
Adopted Standing Committee by HJudiciary
Adopted Committee of the Whole by Bouchard
Adopted Standing Committee by SAgriculture