A Wyoming bill that would have made counties reimburse people found not guilty of use-of-force crimes on self-defense grounds for “all reasonable costs” of their defense efforts failed its introductory vote Tuesday in the state House of Representatives.
The vote was 29 in favor, 32 against. Being a non-budget bill facing a budget session, the bill would have needed a two-thirds majority vote to clear introduction.
Had it become law, House Bill 14 would have had juries (or in bench trials, judges) determine whether the person acquitted of a crime on self-defense grounds should be reimbursed for his defense costs.
Then the judge would determine how much money that person should receive.
People whose cases were dismissed before trial could also apply to the court for reimbursement under the bill. And the bill would have provided for the criminal record in those cases to be expunged.
The bill’s sponsor, Rep. Gary Brown, R-Cheyenne, called the legislation “a great bill for a person that would have to defend themselves.”
It wouldn’t have barred people from being investigated in use-of-force incidents. And it was, Brown said, “carefully crafted” to fit Wyoming’s existing laws.
Rep. Art Washut, R-Casper, who has been both a law enforcement officer and instructor, opposed the bill.
“Jury trials are unique experiences and sometimes juries render verdicts that take you by surprise,” said Washut.
Law enforcement and prosecutors may have followed the evidence properly and still get a curveball acquittal that would sap resources from their county, he added.
“I really worry that we put a terrible chilling effect on our prosecutors — they may be doing absolutely nothing wrong,” he said. “And now we have our local communities paying out big payments.”
Roll Call
Those voting yes on the bill, all republicans, were the following Reps:
Bill Allemand (Midwest)
Ocean Andrew (Laramie)
Abby Angelos (Gillette)
Dalton Banks (Cowley)
Marlene Brady (Green River)
Gary Brown (Cheyenne)
Kevin Campbell (Glenrock)
Joel Guggenmos (Riverton)
Jeremy Haroldson (Wheatland)
Scott Heiner (Green River)
Paul Hoeft (Powell)
Chris Knapp (Gillette)
Darin McCann (Rock Springs)
Tony Locke (Casper)
Pepper Ottman (Riverton)
Ken Pendergraft (Sheridan)
JR Riggins (Casper)
Rachel Rodriguez-Williams (Cody)
Mike Schmid (La Barge)
Daniel Singh (Cheyenne)
Tomi Strock (Douglas)
Clarence Styvar (Cheyenne)
Reuben Tarver (Gillette)
Jacob Wasserburger (Cheyenne)
Joe Webb (Lyman)
Nina Webber (Cody)
Bob Wharff (Evanston)
John Winter (Thermopolis)
House Speaker Chip Neiman (Hulett)
Those voting no were Reps:
John Bear, R-Gillette
Laurie Bratten, R-Sheridan
Landon Brown, R-Cheyenne
Elissa Campbell, R-Casper
Ken Chestek, D-Laramie
Ken Clousten, R-Gillette
Marilyn Connolly, R-Buffalo
Bob Davis, R-Baggs
McKay Erickson, R-Afton
Lee Filer, R-Cheyenne
Rob Geringer, R-Cheyenne
Justin Fornstrom, R-Pine Bluffs
Steve Harshman, R-Casper
Juile Jarvis, R-Casper
Steve Johnson, R-Cheyenne
Lloyd Larsen, R-Lander
JT Larson, R-Rock Springs
Martha Lawley, R-Worland
Jayme Lien, R-Casper
Anne Lucas, R-Cheyenne
Bob Nicholas, R-Cheyenne
Ivan Posey, D-Fort Washakie
Karlee Provenza, D-Laramie
Trey Sherwood, D-Laramie
Scott Smith, R-Lingle
Liz Storer, D-Jackson
Pam Thayer, R-Rawlins
Art Washut, R-Casper
JD Williams, R-Lusk
Cody Wylie, R-Rock Springs
Mike Yin, D-Jackson
Rep. Tom Kelly, R-Sheridan, was marked excused.
Clair McFarland can be reached at clair@cowboystatedaily.com.
