Duty to retreat.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0108

HOUSE BILL
NO.
HB0046

Duty to retreat.

Sponsored by:
Representative(s) Watt and Powers

A BILL

for

AN ACT relating to crimes and offenses; providing immunity from criminal prosecution or civil action for using deadly force as specified; allowing for the use of physical or deadly force under specified circumstances in defending a person, premises, property or in response to the commission of a crime; providing for attorneys' fees, costs and specified damages for defending lawful use of deadly force; providing definitions; providing for conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 6
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1
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204 and 6
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2
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601
and
6
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2
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60
2
are created to read:

6
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1
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204.

Immunity from criminal prosecution and civil action for justifiable use of force.

(a)

A person who uses force as permitted in W.S. 6
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2
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60
2
is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a peace officer, who was acting in the performance of his official duties and the officer identified himself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a peace officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, charging or prosecuting the defendant.

(b)

A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (a) of this section, but the agency shall not arrest the person for using force unless it determines that there is probable cause to believe that the force that was used was unlawful.

(c)

The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (a) of this section.

ARTICLE 6
JUSTIFICATION

6
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2
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601.

Applicability of article.

The common law shall govern in all cases not governed by this article.

6
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6
02.

Use of force in self defense.

(a)

A person is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to himself or another when using defensive force that is intended or likely to cause death or serious bodily injury to another if:

(i)

The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, an occupied structure, or if that person had removed or was attempting to remove another against his will from the occupied structure; and

(ii)

The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(b)

The presumption set forth in subsection (a) of this section does not apply if:

(i)

The person against whom the defensive force is used has a right to be in or is a lawful resident of the occupied structure, such as an owner, lessee or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;

(ii)

The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used;

(iii)

The person who uses defensive force is engaged in an unlawful activity or is using the occupied structure to further an unlawful activity; or

(iv)

The person against whom the defensive force is used is a peace officer who enters or attempts to enter an occupied structure in the performance of his official duties and the officer identified himself in accordance with any applicable law or the person using force knew or reasonably should have known the person entering or attempting to enter was a peace officer.

(c)

A person who is not engaged in an unlawful activity and who is attacked in any other place where he has a right to be has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force if he reasonably believes it is necessary to do so to prevent death or serious bodily injury to himself or another or to prevent the commission of a violent felony.

(d)

A person who unlawfully and by force enters or attempts to enter a person's occupied structure is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

Section 2.

W.S. 6
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2
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504(b) is amended to read:

6
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2
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504.

Reckless endangering; penalty.

(b)

Any person who knowingly points a firearm at or in the direction of another, whether or not the person believes the firearm is loaded, is guilty of reckless endangering unless reasonably necessary in defense of his person, property or abode or to prevent serious bodily injury to another
or as provided for under W.S. 6
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2
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602
.

Section 3.

This act is effective July 1, 2006.

(END)

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HB0046