Protection of military equipment.

Plain English Breakdown

The official bill text and summary do not provide specific details on the provision of legal counsel to state security officers facing lawsuits, only immunity from liability.

Protection for People Guarding Military Equipment

This law provides an affirmative defense and immunity to state security officers, members of the armed forces, and National Guard members who use force to protect military equipment while on official duty.

What This Bill Does

• Creates an affirmative defense for state security officers, members of the armed forces, and National Guard members in active service when they use reasonable or deadly force to defend military equipment during their official duties.
• Extends immunity from civil or criminal liability for acts committed by these individuals while performing necessary duties to protect military equipment, provided that such actions are not illegal, excessively violent, or malicious.

Who It Names or Affects

• State security officers
• Members of the armed forces
• National Guard members in active service

Terms To Know

Affirmative defense

A legal argument that admits to an action but argues it was justified.

Immunity

Protection from being punished or sued for certain actions.

Limits and Unknowns

• The law only applies when people are on official duty and protecting military equipment.
• It does not cover situations where the use of force is illegal, excessively violent, or malicious.

Official Summary Text

Bill Summary - 25LSO-0077

Bill No.:

SF0026

Effective:

Immediately

LSO No.:

25LSO-0077

Enrolled Act No.:

SEA No. 0055

Chapter No.:

98

Prime Sponsor:

Joint Transportation, Highways & Military Affairs Interim Committee

Catch Title:

Protection of military equipment.

Has Report:

No

Subject:

Protection of military equipment.

Summary/Major Elements:

This act creates an affirmative defense for state security officers, members of the armed forces, and members of the Wyoming National Guard in active state service who are on official duty defending military equipment and who use force, including deadly force, to defend military equipment.

This act extends immunity for civil and criminal liability for acts committed in the performance of necessary duties to state security officers employed by the Wyoming Military Department.

This act defines state security officer as a person employed by the Wyoming Military Department whose primary duties include being armed and securing military assets controlled by the Wyoming Military Department.

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

25LSO-0077

ORIGINAL Senate

ENGROSSED
File No
.
SF0026

ENROLLED ACT NO. 55,

SENATE

SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 General Session

AN ACT relating to crimes and offenses; providing an affirmative defense for use of force to protect military equipment; extending immunity for civil or criminal liability for acts committed in the performance of necessary duties to state security officers employed by the military department; providing a definition; specifying applicability; and providing for an effective date.

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

Section 1
.

W.S. 6
‑
2
‑
603 is created to read:

6
‑
2
‑
603.

Use of force in defense of military equipment.

A state security officer as defined by W.S. 19
‑
7
‑
101(a)(xiii), a member of the armed forces or a member of the Wyoming national guard in active state service as defined by W.S. 19
‑
7
‑
101(a)(v) who is on official duty defending military equipment is privileged to use reasonable force as necessary to defend military equipment, including deadly force as defined by W.S. 6
‑
2
‑
602(g)(iii), in accordance with published military regulations and doctrine regarding the use of force.

Section 2.

W.S. 19
‑
7
‑
101(a) by creating a new paragraph (xiii) and 19
‑
9
‑
401(c)(intro) are amended to read:

19
‑
7
‑
101.

Definitions.

(a)

As used in this act:

(xiii)

"State security officer" means a person employed by the military department whose primary duties include being armed and securing military assets controlled by the military department.

19
‑
9
‑
401.

National Guard members and state security officers granted certain exemptions.

(c)

No member of the Wyoming national guard in active state service
or a state security officer
shall incur any personal liability, civil or criminal, by reason of acts committed in the performance of his necessary duties incident to service under orders of the governor or any lawful superior if the acts are not palpably illegal, excessively violent or malicious. If any civil action is brought against a member
or state security officer
by reason of an act or acts committed in the performance of his necessary duties, he is entitled to legal counsel to assist in his defense at state expense. Legal counsel for such purposes may be chosen by the guardsman
or state security officer
subject to approval by the Wyoming attorney general and legal fees incurred shall be approved by either:

Section 3
.

The affirmative defense created by section 1 of this act shall be available as an affirmative defense to conduct occurring on and after the effective date of this act.

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)

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