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SF0025 • 2018

Corrections exception to defense of habitation law.

AN ACT relating to crimes and offenses; clarifying that the presumption related to self defense and defense of another in a home or habitation does not apply to inmate housing in correctional and jail facilities; amending the law enforcement exception to include corrections employees; amending definitions; and providing for an effective date.

Crime Labor
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Judiciary
Last action
2018-03-12
Official status
enrolled
Effective date
7/1/2018

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0025H3001

3rd reading • Lindholm

Withdrawn

Plain English: Withdrawn 3rd reading by Lindholm

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0025H3002

3rd reading • Lindholm

Failed

Plain English: Failed 3rd reading by Lindholm

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0025HS001

Standing Committee • HJudiciary

Adopted

Plain English: Adopted Standing Committee by HJudiciary

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0025S2001

2nd reading • Kinskey

Adopted

Plain English: Adopted 2nd reading by Kinskey

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2018-03-12 Governor

    Governor Signed SEA No. 0020

  2. 2018-03-12 LSO

    Assigned Chapter Number 26

  3. 2018-03-06 House

    H Speaker Signed SEA No. 0020

  4. 2018-03-06 Senate

    S President Signed SEA No. 0020

  5. 2018-03-06 LSO

    Assigned Number SEA No. 0020

  6. 2018-03-05 Senate

    S Concur:Passed 28-1-1-0-0

  7. 2018-03-05 Senate

    S Received for Concurrence

  8. 2018-03-05 House

    H 3rd Reading:Passed 32-26-2-0-0

  9. 2018-03-02 House

    H 2nd Reading:Passed

  10. 2018-03-01 House

    H COW:Passed

  11. 2018-02-27 House

    H Placed on General File

  12. 2018-02-27 House

    H01 - Judiciary:Recommend Amend and Do Pass 9-0-0-0-0

  13. 2018-02-23 House

    H Introduced and Referred to H01 - Judiciary

  14. 2018-02-22 House

    H Received for Introduction

  15. 2018-02-21 Senate

    S 3rd Reading:Passed 29-0-1-0-0

  16. 2018-02-20 Senate

    S 2nd Reading:Passed

  17. 2018-02-19 Senate

    S COW:Passed

  18. 2018-02-16 Senate

    S Placed on General File

  19. 2018-02-16 Senate

    S01 - Judiciary:Recommend Do Pass 5-0-0-0-0

  20. 2018-02-13 Senate

    S Introduced and Referred to S01 - Judiciary 30-0-0-0-0

  21. 2018-02-09 Senate

    S Received for Introduction

  22. 2017-12-19 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary

Bill No.:
SF0025
Effective
:
7/1/2018

LSO No.:
18LSO-0108

Enrolled Act No.:
SEA No. 0020

Chapter No.:
26

Prime Sponsor:
Joint Judiciary Interim Committee

Catch Title:
Corrections exception to defense of habitation law.

Subject:
Presumption of reasonable self-defense not applicable in corrections settings.

Summary/Major Elements:

C
urrent
law
provides a presumption that a resident
who uses
force in
self-
defense
while
in
their home reasonabl
y
fear
ed
imminent peril of death or serious bodily injury. This act specifies that
the
definition of home does not include a prison, jail or other secure facility that houses inmates.

The current statute also lists exceptions
to which
the presumption
does not
app
l
y
, including
using force against
peace officers
while
they are
acting
in
performance of official duties.
This act expands the list of exceptions to include
department of corrections employees
while acting in performance of official duties
.

NOTE: Final action on this bill was not taken at the time this summary was prepared. Should changes be made to the bill upon final passage, an updated summary will be prepared and placed upon the legislative website at
http://wyoleg.gov
. A packet of updated summaries will be sent to all legislators after the time for any veto has expired (fifteen days after adjournment).

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
.

Current Bill Text

Read the full stored bill text 
ORIGINAL
Senate
ENGROSSED
File No
.
SF0025

ENROLLED ACT NO. 20,

SENATE

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2018 Budget Session

AN ACT relating to crimes and offenses; clarifying that the presumption related to self defense and defense of another in a home or habitation does not apply to inmate housing in correctional and jail facilities; amending the law enforcement exception to include corrections employees; amending definitions; and providing for an effective date.

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

Section 1
.

W.S. 6
‑
2
‑
602(b)
(iii),
(d)
(i) and (ii)

is
amended to read:

6
‑
2
‑
602
.

Use of force in self defense.

(b)

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

(iii)

The person against whom the defensive force is used is a peace
officer

or
employee of the Wyoming department of
corrections

who
enters or attempts to enter another's home or habitation in the performance of his official duties.

(d)

As used in this section:

(i)

"Habitation" means any structure which is designed or adapted for overnight accommodation, including, but not limited to, buildings, modular units, trailers, campers and tents
, but does not include
the inmate
housing
area of
a jail
,
state penal institution

or other secure facility under contract with the department of corrections to house inmates
;

(ii)

"Home" means any occupied residential dwelling place

other than
the inmate
housing
area of
a
jail
,
state
penal institution

or other secure facility under contract with the department of corrections to house inmates
.

Section 2
.

This act is effective July 1, 201
8
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1