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25LSO-0652
2025
STATE OF WYOMING
25LSO-0652
Numbered
2.0
HOUSE BILL NO. HB0287
Protecting self-defense-reimbursement and amendments.
Sponsored by: Representative(s) Brown, G, Allemand, Angelos, Bear, Brady, Campbell, K, Eklund, Guggenmos, Haroldson, Hoeft, Johnson, Knapp, Lien, Locke, Lucas, McCann, Schmid, Singh, Smith, S, Strock, Styvar, Tarver, Wasserburger, Webb, Wharff and Winter and Senator(s) Boner, Dockstader, Hicks, McKeown and Pearson
A BILL
for
AN ACT relating to crimes and offenses; clarifying the use of self-defense to prevent injury or loss to other persons and property; requiring the expungement of records for cases dismissed for use of self-defense; authorizing reimbursement of costs incurred in defending a criminal prosecution after successfully asserting self-defense; providing definitions; making conforming amendments; specifying applicability; 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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2
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603 and 6
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2
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604 are created to read:
6
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2
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603.
Use of force in self
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defense; reimbursement of costs and fees.
(a)
When a person who is subject to criminal prosecution is found not guilty, has had the charges dismissed or is otherwise released from custody or further prosecution because the person reasonably used defensive force in accordance with W.S. 6
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2
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602, the county where the person was charged or subject to criminal prosecution shall reimburse the person for all reasonable costs, including loss of time, bail costs, attorney fees and other costs and expenses involved in the person's defense, including the costs of seeking or receiving an expungement under W.S. 6
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2
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604.
(b)
Reimbursement for a person subject to criminal prosecution who is found not guilty because the person reasonably used defensive force under W.S. 6
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2
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602 is not an independent cause of action. If the trier of fact determines that a person is eligible for reimbursement under this section, the court shall determine the amount of the reimbursement award.
(c)
A person subject to criminal prosecution who has had the charges dismissed or is otherwise released from custody or further prosecution, because the person reasonably used defensive force in accordance with W.S. 6
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2
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602, may file a petition for reimbursement in the court in the county in which the person was subject to criminal prosecution. Notwithstanding any other provision of law, there shall be no filing fee for a petition filed under this subsection. If the court determines that a person is eligible for reimbursement under this section, the court shall then determine the amount of the reimbursement award.
(d)
Nothing in this section shall preclude using the Wyoming Governmental Claims Act to grant a reimbursement award where none was granted or to grant a higher award than the one (1) award granted under this section.
6
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2
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604.
Use of force in self
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defense; expungement.
(a)
When a person who is subject to criminal prosecution is found not guilty, has had the charges dismissed or is otherwise released from custody or further prosecution because the person reasonably used defensive force in accordance with W.S. 6
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2
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602, the court shall order that all records taken or created in connection with the criminal prosecution be expunged. The court shall send notice of the expungement to the division of criminal investigation and any other state agency, entity or political subdivision that the court has reason to believe may have a record pertaining to the criminal prosecution that is subject to the order of expungement under this subsection.
(b)
An expungement for a person subject to criminal prosecution who is found not guilty because the person reasonably used defensive force under W.S. 6
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2
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602 shall not constitute an independent cause of action but shall be ordered by the court overseeing the criminal prosecution.
(c)
A person subject to criminal prosecution who has had the charges dismissed or is otherwise released from custody or further prosecution because the person reasonably used defensive force in accordance with W.S. 6
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2
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602 may file a petition for expungement in the court in the county where the person was subject to criminal prosecution.
(d)
Any petition for expungement under this section shall be filed not later than one hundred eighty (180) days after the date of arrest or the date the charges for which expungement is sought are dismissed, whichever is later.
(e)
Any petition for expungement filed under subsection (c) of this section shall:
(i)
Identify the person, the case number and court in which any criminal prosecution resulting in dismissal occurred, the date and place of arrest and the law enforcement agency that arrested the person;
(ii)
Include a short, plain statement made under penalty of perjury of the facts that demonstrate that the person is entitled to relief under this section;
(iii)
Include a request for an order to expunge all records taken or created in connection with the criminal prosecution of the person.
(f)
If a petition filed under this section concerns a criminal prosecution that results in a dismissal, the person shall serve a copy of the petition on the district attorney who prosecuted the criminal prosecution. If the petition concerns an arrest that did not result in a prosecution, the person shall serve a copy of the petition on the law enforcement agency that made the arrest. No order granting expungement under this section shall be made less than twenty (20) days after service is made under this subsection.
(g)
The district attorney or law enforcement agency may file an objection to the petition not later than twenty (20) days after receipt of service under subsection (f) of this section. If an objection is filed, the court shall set the matter for a hearing. If no objection is filed, the court may summarily enter an order of expungement if the court finds that the person is otherwise eligible for expungement under this section.
(h)
Notwithstanding any other provision of law, there shall be no filing fee required for any petition for expungement filed under this section.
(j)
If the court enters an order of expungement under this section, the person shall be deemed to have never been arrested, charged or prosecuted with respect to the matters and charges that are subject to the order of expungement, and the person may so swear under oath.
(k)
The state may appeal any order of expungement issued under this section.
(m)
The state and any of its political subdivisions shall not be subject to any civil liability as a result of any criminal prosecution that is expunged under this section.
Section 2
.
W.S. 6
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2
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601 and 6
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2
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602(a) and by creating new subsections (h) and (j) are amended to read:
6
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2
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601.
Applicability of article; definitions.
(a)
The common law shall govern in all cases not governed by this article.
(b)
_As used in this article:
(i)
"Criminal prosecution" includes the arrest, charging or prosecution of a person for a criminal offense;
(ii)
"Expungement" or "expunge" means to permanently destroy, delete or erase all records, as appropriate for the record's physical or electronic form, so that the record is permanently irretrievable;
(iii)
"Record" means any notation of the arrest, charge, prosecution or disposition maintained in the state central repository at the division of criminal investigation, or by any state agency, entity or political subdivision, whether in paper or electronic format, including investigatory files of any local, state or federal criminal justice agency.
6
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2
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602.
Use of force in self
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defense; no duty to retreat; decision of questions.
(a)
The use of defensive force
,
whether actual or threatened, is reasonable when it is the defensive force that a reasonable person in like circumstances would judge necessary to prevent an injury or loss
to oneself, another person or to the person's real or personal property
, and no more, including deadly force if necessary to prevent imminent death or serious bodily injury to the person employing the deadly force or to another person. As used in this subsection, "necessary to prevent" includes a necessity that arises from an honest belief that the danger exists whether the danger is real or apparent.
(h)
When the issue of the reasonable use of force in self
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defense is decided by a judge, the judge shall consider the same questions as must be answered under subsection (j) of this section.
(j)
When the issue of the reasonable use of force in self
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defense is submitted to a jury and the jury has found the defendant not guilty, the court shall instruct the jury to return a special verdict using the following form:
1. Was the finding of not guilty based on the reasonable use of force in self
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defense?
Yes
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No
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2. If your answer to question 1 is "no," do not answer any remaining questions.
3. If your answer to question 1 is "yes," continue answering the following questions. Was the defendant:
a. Protecting himself or herself?
Yes
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No
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b. Protecting his or her family?
Yes
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No
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c. Protecting his or her real or personal property?
Yes
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No
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d. Coming to the aid of another who was in imminent danger of death or serious bodily injury?
Yes
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No
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e. Coming to the aid of another who was the victim of a violent felony?
Yes
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No
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Section 3
.
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)
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HB0287