Back to Wyoming

HB0053 • 2025

Governmental claims-negligent investigations.

AN ACT relating to governmental claims; specifying that governmental entities are not liable for damages to criminal suspects for the negligent investigations of peace officers acting within the scope of their official duties; providing legislative intent; specifying applicability; and providing for an effective date.

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Judiciary
Last action
2025-03-03
Official status
inactive
Effective date
3/1/2025

Plain English Breakdown

The official source material did not provide specific details about legislative intent or applicability beyond what was stated in the bill text.

Governmental Claims and Negligent Investigations

This act says that government entities in Wyoming cannot be sued for damages caused by police officers' negligent investigations when they are doing their job.

What This Bill Does

  • Changes the law to say that governmental entities do not have to pay money if a criminal suspect is hurt because of a peace officer's mistake while investigating crimes within the scope of their duties.

Who It Names or Affects

  • Government entities in Wyoming
  • Criminal suspects who might have been harmed by police mistakes during investigations

Terms To Know

Liability
The responsibility to pay for damages or losses.
Negligent investigation
An investigation where a mistake is made because someone was not careful enough.

Limits and Unknowns

  • This act only applies to events that happen after the effective date of the law, which is March 1, 2025.
  • The bill does not provide specific details about how it will be implemented or enforced.

Bill History

  1. 2025-03-03 House

    H:Died in Committee Returned Bill Pursuant to HR 5-4

  2. 2025-02-07 House

    H No report prior to CoW Cutoff

  3. 2025-01-17 House

    H Introduced and Referred to H01 - Judiciary

  4. 2025-01-02 House

    H Received for Introduction

  5. 2024-12-17 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text
25LSO-0282
2025
STATE OF WYOMING
25LSO-0282
Introduced
2.0

HOUSE BILL NO. HB0053

Governmental claims-negligent investigations.

Sponsored by: Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to governmental claims; specifying that governmental entities are not liable for damages to criminal suspects for the negligent investigations of peace officers acting within the scope of their official duties; providing legislative intent; specifying applicability; and providing for an effective date.

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

Section 1
.

W.S. 1
‑
39
‑
112 is amended to read:

1
‑
39
‑
112.

Liability; peace officers.

(a)

Except as provided in subsection (b) of this section, a
governmental entity is liable for damages resulting from tortious conduct of peace officers while acting within the scope of their duties.

(b)

No governmental entity shall be liable for damages to a criminal suspect resulting from a peace officer's negligent investigation while acting within the scope of the peace officer's duties.

Section 2
.

The legislature recognizes the inherent challenges that peace officers will face when investigating criminal offenses while owing a duty of care to suspects of criminal offenses to conduct a criminal investigation in a non
‑
negligent manner. This act is intended to abrogate the opinion and holding of the Wyoming supreme court in
Palm
‑
Egle v. Briggs
, 2024 WY 31, 545 P.3d 828 (Wyo. 2024) and provide that governmental entities shall not be liable to criminal suspects for damages resulting from peace officers negligently investigating crimes within the scope of their duties.

Section 3.

This act applies to all claims under the Wyoming Governmental Claims Act that are based on a transaction or occurrence that occurs on and after the effective date of this act. For purposes of this section, a "transaction" includes an act, error or omission.

Section 4
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0053