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2006 Budget Session
HB 46 would have given immunity from criminal prosecution and civil action to a person who used defensive force against another person in self-defense or to protect their personal property. Defensive force was defined as force that was intended or likely to cause death or serious bodily injury to another person.
Defensive force specifically could have been used against a person who unlawfully or forcefully entered, or attempted to enter, an occupied structure, or who removed (or attempted to remove) another person against their will from the structure.
HB 46 also specified that a person who was attacked in any place where he or she had a right to be had no duty to retreat, but instead would have the right to meet force with force, including deadly force.
HB 46 exempted peace officers, lawful residents of a building, and legal guardians attempting to remove a child, grandchild, or other custodial person, from those against whom deadly force could be legally used without fear of prosecution.
HB 46 would have required the court to award attorney's fees, costs, compensation for loss of income, and expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the defendant was found to be immune from prosecution.
Supporters of HB 46 described it as a reasonable measure to allow law-abiding citizens to protect themselves and their property.
Opponents noted that most common criminals who engage in thievery don't even carry a weapon and usually pose little serious threat to whomever they attempt to steal from. They characterized HB 46 as an over-reaction to a perceived problem, and objected to the concept of encouraging citizens to act as vigilantes by using potentially deadly force (i.e., firearms) against presumed threats. Finally, opponents were very alarmed at the prospect of offering legal immunity, characterizing it as a dangerous path to go down.
The House Judiciary Committee killed HB 46 on a 6-3 vote. The three committee members who voted for the bill were Representatives Stephen Watt (R-H17, Rock Springs), Monte Olsen (R-H22, Daniel) and Tom Lubnau (R-H31, Gillette).