H.B. No. 0137 |
Castle doctrine. |
Sponsored By: Representative(s) Quarberg, Childers, Edmonds, Gingery, Jaggi and Petersen and Senator(s) Case, Coe and Jennings
AN ACT relating to crimes and offenses; providing immunity from civil action for using deadly force as specified; allowing for the use of physical or deadly force under specified circumstances in defending a person, premises, property or in response to the commission of a crime; providing definitions; providing for conforming amendments; and providing for an effective date.
2/11/2008 Bill Number Assigned
2/13/2008 H Received for Introduction
2/15/2008 H Introduced and Referred to H01
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gingery, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Stubson, Teeters, Thompson, Throne, Wallis, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Gilmore, Goggles, Hales, Jorgensen, Landon and Warren
Ayes 54 Nays 6 Excused 0 Absent 0 Conflicts 0
2/20/2008 H01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Bagby, Dockstader, Gingery, Olsen, Shepperson and Throne
Nays: Representative(s) Alden, Buchanan and Mercer
Ayes 6 Nays 3 Excused 0 Absent 0 Conflicts 0
2/20/2008 H Placed on General File
HB0137HS001.01/ADOPTED (CORRECTED COPY)
Page 1-line 2 Delete "criminal prosecution or".
Page 1-line 6 After "crime;" delete balance of the line.
Page 1-line 7 Delete entirely.
Page 2-line 1 Delete "criminal prosecution and".
Page 2-line 4 Delete "(a)".
Page 2-line 6 Delete line through "and".
Page 2-line 12 After "officer." delete balance of the line.
Page 2-lines 13 through 24 Delete entirely.
Page 3-lines 1 through 4 Delete entirely.
Page 3-line 22 Delete "person" insert "intruder".
Page 3-line 24 Delete "an" insert "another's home or habitation".
Page 4-line 1 Delete "occupied structure"; delete "person" insert "intruder".
Page 4-line 2 Delete "the" insert "his home or habitation;".
Page 4-line 3 Delete "occupied structure;".
Page 4-line 7 Delete "or had occurred".
Page 4-line 22 After "used;" insert "or".
Page 5-lines 1 through 3 Delete entirely.
Page 5-line 5 Delete "(iv)" insert "(iii)".
Page 5-line 7 Delete line through "structure" insert "another's home or habitation".
Page 5-line 23 Delete "a person's occupied structure" insert "another's home or habitation". BUCHANAN, CHAIRMAN
HB0137HS001.02/FAILED (CORRECTED COPY)
Page 1-line 5 Delete "premises," insert "premises or"; after property insert ";" and delete the balance of the line.
Page 1-line 6 Delete "of a crime."
Page 5-lines 13 through 20 Delete entirely.
Page 5-line 22 Delete "(d)" insert "(c)". BUCHANAN, CHAIRMAN
2/21/2008 H Passed CoW
2/22/2008 H Passed 2nd Reading
2/25/2008 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gingery, Goggles, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Stubson, Teeters, Thompson, Throne, Wallis, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Alden, Craft, Hales and Warren
Excused: Representative(s) Gilmore and Iekel
Ayes 54 Nays 4 Excused 2 Absent 0 Conflicts 0
2/26/2008 S Received for Introduction
2/26/2008 S Introduced and Referred to S08
2/28/2008 S08 Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Geis, Johnson and Landen
Nays: Senator(s) Hastert and Von Flatern
Ayes 3 Nays 2 Excused 0 Absent 0 Conflicts 0
2/28/2008 S Placed on General File
3/3/2008 S Passed CoW
HB0137S2001/ADOPTED (TO ENGROSSED COPY)
Page 1-lines 3 through 6 Delete.
Page 1-line 11 After "6-1-204" delete balance of line and insert "is".
Page 2-line 1 Before "A" insert "Except as provided by W.S. 6-1-103(a),"; after "force" delete balance of line and insert "as reasonably necessary in defense of his person, property or abode or to prevent injury to another".
Page 2-line 2 Delete through "force and".
Page 2-line 3 Delete "such" insert "the"; after "force" insert "." and delete balance of line.
Page 2-lines 4 through 24 Delete.
Pages 3 and 4 Delete.
Page 5-lines 1 through 11 Delete and renumber.
Page 5-line 13 Delete "3" insert "2". SCOTT, FECHT
HB0137S2003/FAILED (TO ENGROSSED COPY)
Delete the Scott, et al. Second Reading Amendment (HB0137S2001/AE) entirely and further amend as follows:
Page 3-line 7 Delete "and".
Page 3-line 9 Delete "uses" insert "used".
Page 3-line 11 Delete "." insert "; and".
Page 3-After line 11 Insert and renumber:
"(iii) The person who used defensive force used such force when it was necessary or apparently necessary under the circumstances. The requirement of this paragraph does not create a duty to retreat from one's home or habitation when attacked therein.".
Page 4-lines 12 through 19 Delete the Hastert Second Reading Amendment (HB0137S2002/AE) to these lines and further amend as follows:
Page 4-line 16 Delete "he reasonably believes"; after "necessary" insert "or apparently necessary".
Page 4-line 18 After "another" insert "." and delete balance of the line.
Page 4-line 19 Delete entirely. CASE
3/4/2008 S Passed 2nd Reading
HB0137S3001/FAILED (TO ENGROSSED COPY)
Delete the Scott, et al. Second Reading Amendment (HB0137S2001/AE) entirely and further amend as follows:
Page 2-line 1 Before "A" insert "Except as provided by W.S. 6-1-103(a),"; after "force" delete balance of line and insert "as reasonably necessary in defense of his person, property or abode or to prevent injury to another".
Page 2-line 2 Delete through "force and".
Page 2-line 3 Delete "such" insert "the"; after "force" insert "." and delete balance of line.
Page 2-lines 4 through 8 Delete.
Page 3-line 7 Delete "and".
Page 3-line 9 Delete "uses" insert "used".
Page 3-line 11 Delete "." insert "; and".
Page 3-After line 11 Insert and renumber:
"(iii) The person who used defensive force used such force when it was necessary or apparently necessary under the circumstances. The requirement of this paragraph does not create a duty to retreat from one's home or habitation when attacked therein.".
Page 4-line 16 Delete "he reasonably believes"; after "necessary" insert "or apparently necessary".
Page 4-line 18 After "another" insert "." and delete balance of the line.
Page 4-line 19 Delete entirely. CASE
HB0137S3002/ADOPTED (TO ENGROSSED COPY)
Delete the Scott, et al. Second Reading Amendment (HB0137S2001/AE) entirely; delete the Case Third Reading Amendment (HB0137S3001/AE) entirely and further amend as follows:
Page 2-line 1 Before "A" insert "Except as provided by W.S. 6-1-103(a),"; after "force" delete balance of line and insert "as reasonably necessary in defense of his person, property or abode or to prevent injury to another",
Page 2-line 2 Delete through "force and".
Page 2-line 3 Delete "such" insert "the"; after "force" insert "." and delete balance of line.
Page 2-lines 4 through 8 Delete.
Page 4-line 7 After "duties" insert "." and delete balance of line.
Page 4-lines 8 through 10 Delete.
Page 4-lines 12 through 19 Delete and renumber.
Page 4-line 21 Delete "(d)" insert "(c)". ROSS, PERKINS
3/5/2008 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Bebout, Burns, Case, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Johnson, Landen, Larson, Massie, Meier, Mockler, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Nays: Senator(s) Job
Ayes 29 Nays 1 Excused 0 Absent 0 Conflicts 0
3/6/2008 H Received for Concurrence
3/6/2008 H Did Concur
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Craft, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Stubson, Teeters, Thompson, Throne, Wallis, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Jorgensen and Warren
Excused: Representative(s) Davison
Ayes 57 Nays 2 Excused 1 Absent 0 Conflicts 0
3/6/2008 Assigned Number HEA No. 0059
3/7/2008 H Speaker Signed HEA No. 0059
3/7/2008 S President Signed HEA No. 0059
3/13/2008 Governor Signed HEA No. 0059
3/13/2008 Assigned Chapter Number
Chapter No. 0109 Session Laws of Wyoming 2008.