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HB0126 • 2023
Trespass-removal of trespasser.
AN ACT relating to crimes and offenses; providing for the use of physical force against a trespasser as specified; and providing for an effective date.
Land
Inactive
Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.
- Sponsor
- Representative Crago
- Last action
- 2023-02-24
- Official status
- inactive
- Effective date
- 3/1/2023
Plain English Breakdown
The effective date mentioned in the candidate explanation is incorrect since the bill was marked as inactive and did not pass.
Using Force Against Trespassers
The bill allows landowners or their agents to use reasonable force against trespassers on their property.
What This Bill Does
- Creates new rules for when a person can use physical force against someone who is trespassing on their property.
- Defines 'reasonable and appropriate' as the level of force that is necessary to stop the trespassing behavior.
- Clarifies that this rule does not change existing laws about self-defense or protecting others.
Who It Names or Affects
- Landowners and legal occupants of property
- Agents acting on behalf of landowners or occupants
- People who trespass on private property
Terms To Know
- Trespasser
- Someone who enters or stays on someone else's property without permission.
- Reasonable force
- The amount of physical effort that is fair and necessary to stop a trespassing situation.
Limits and Unknowns
- It is unclear how this law will be enforced or interpreted by courts.
- This bill was marked as inactive, meaning it did not pass in its current session.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: The amendment modifies a bill about using physical force against trespassers by changing references and adding a new clause that protects the right to peaceful assembly.
- Changes 'Section (d)' to 'Subsection (d)' in the text of HB0126.
- Adds a new sentence after 'law.' stating that Subsection (d) does not prevent or deny the right to peaceably assemble.
- The amendment's full impact on the bill is unclear without understanding the context and content of Subsection (d).
Plain English: The amendment changes a part of the bill about using force against trespassers by adding language that protects the right to peaceful assembly.
- Changes 'Section (d)' to 'Subsection (d)' in the bill text.
- Adds new wording after 'law.' stating that Subsection (d) does not prevent or limit people's rights to assemble peacefully.
- The amendment only specifies changes to the language and does not explain how these changes will affect the use of force against trespassers in practice.
Bill History
-
2023-02-24
Senate
S:Died in Committee Returned Bill Pursuant to SR 5-4
-
2023-02-24
Senate
S No report prior to CoW Cutoff
-
2023-02-09
Senate
S06 - Travel:Do Pass Failed 2-3-0-0-0
-
2023-02-03
Senate
S Introduced and Referred to S06 - Travel
-
2023-02-02
Senate
S Received for Introduction
-
2023-02-02
House
H 3rd Reading:Passed 57-5-0-0-0
-
2023-02-01
House
H 2nd Reading:Passed
-
2023-01-31
House
H COW:Passed
-
2023-01-25
House
H Placed on General File
-
2023-01-25
House
H01 - Judiciary:Recommend Do Pass 7-2-0-0-0
-
2023-01-16
House
H Introduced and Referred to H01 - Judiciary
-
2023-01-13
House
H Received for Introduction
-
2023-01-12
LSO
Bill Number Assigned
Current Bill Text
Read the full stored bill text
23LSO-0285
2023
STATE OF WYOMING
23LSO-0285
Numbered
2.0
HOUSE BILL NO. HB0126
Trespass-removal of trespasser.
Sponsored by: Representative(s) Crago and Washut and Senator(s) Kinskey and Landen
A BILL
for
AN ACT relating to crimes and offenses; providing for the use of physical force against a trespasser as specified; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 6
‑
3
‑
303 by creating new subsections (d) and (e) is amended to read:
6
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3
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303.
Criminal trespass; penalties; justification.
(d)
A person who is the owner or legal occupant of land or a premises upon which a criminal trespass is occurring, or their agent, is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably necessary to terminate what the owner, occupant or agent reasonably believes to be the commission of a criminal trespass by the other person in or upon the land or premises.
(e)
Section (d) of this section does not supersede or add to the responsibilities applicable to the defense of self or another as provided by law.
Section 2
.
This act is effective July 1, 2023
.
(END)
1
HB0126