Counties would repay defense costs for people cleared for self-defense

Counties would repay eligible people for reasonable defense costs, including lost time, attorney fees, and costs of removing case records. The county handling the arrest, charges, or prosecution would pay when the person qualified. Reasonable self-defense must be the reason for the acquittal, dismissal, or release. Eligibility after acquittal would be decided in the criminal case. After dismissal or release, people could petition without a filing fee. The court would set the award. People could still seek a denied or higher award under Wyoming's law governing claims against government. The reimbursement provisions would take effect immediately if the proposal became law.

Eligible people could ask a court to permanently erase records connected to their arrest or prosecution. People cleared because of reasonable self-defense could qualify. Records would include investigation files and would be destroyed or erased so they could not be recovered. People would need to provide case details and a sworn statement showing eligibility. For dismissed cases or arrests without prosecution, people would notify the prosecutor or arresting agency. An objection would require a hearing; without one, the court could grant removal. After a removal order, people could swear that the covered arrest, charges, or prosecution never happened. These provisions would take effect immediately if enacted. When notice was required, removal could not occur until at least 20 days after service. Officials would have 20 days after receiving notice to object.

People could use reasonable force to protect themselves, another person, or their own property. The standard would cover both using force and threatening to use it. Force could be no greater than a reasonable person in similar circumstances would judge necessary. Deadly force would require a need to prevent imminent death or serious bodily injury to oneself or another person. The danger could be real or apparent if the person honestly believed it existed. This standard would take effect immediately if the proposal became law.

Courts would ask juries to record whether reasonable self-defense explained a finding of not guilty. The jury requirement would apply when jurors considered self-defense and found the defendant not guilty. Judges deciding reasonable self-defense would consider the same questions. If jurors answered yes, they would answer further questions about protecting the defendant, family, or property, or helping someone facing deadly danger or a violent felony. If jurors answered no, they would stop answering the questions. These court requirements would take effect immediately if the proposal became law.