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SF 26

Protection of military equipment.

2025 Regular Session

Establishes a statutory affirmative defense and civilian protection for state security officers and military personnel who use reasonable force, including deadly force, to defend s

Assigned Chapter Number 98
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Bill Summary · SF 26

Summary — SF 26 (Protection of Military Equipment) — Chapter No. 98 (2025)

Status: Enacted — Enrolled Act No. 55 (SEA No. 0055), Governor signed; assigned Chapter No. 98.
Introduced: January 14, 2025. Primary sponsor: Sen. Klimesh. Effective: immediately upon completion of acts necessary for a bill to become law (per Wyoming Constitution, Article 4, §8). Affirmative‑defense applicability: for conduct on/after the act’s effective date.

Purpose

To create a statutory affirmative defense for use of force to protect military equipment, to define and extend certain liability protections to “state security officers,” and to clarify state payment/defense procedures when suits arise from duties protecting military assets.

Key provisions

  • Creates W.S. 6-2-603 — “Use of force in defense of military equipment”:
    • A state security officer, a member of the armed forces, or a Wyoming National Guard member in active state service who is on official duty defending military equipment is privileged to use reasonable force — including deadly force as defined in W.S. 6-2-602(g)(iii) — consistent with published military regulations and doctrine regarding use of force.
  • Amends W.S. 19-7-101(a) by adding paragraph (xiii):
    • Defines “state security officer” as a person employed by the Military Department whose primary duties include being armed and securing military assets controlled by the Military Department.
  • Amends W.S. 19-9-401(c) to extend exemptions/immunity:
    • No member of the Wyoming National Guard in active state service or a state security officer shall incur personal civil or criminal liability for acts committed in performance of necessary duties incident to orders of the governor or lawful superior, provided the acts are not palpably illegal, excessively violent, or malicious.
    • If sued for such acts, the member/officer is entitled to legal counsel at state expense; counsel may be chosen by the individual subject to Wyoming Attorney General approval and legal fees must be approved.

Who is affected

  • State security officers (newly defined), Wyoming National Guard members in active state service, and other military personnel defending state-controlled military equipment.
  • Potentially civilians and private parties interacting with or confronting military equipment.
  • Judicial system and state legal-defense apparatus (state bears or approves defense costs under specified conditions).

Fiscal and procedural notes

  • Fiscal note: Judicial fiscal impact is indeterminable due to an unknown number of potential cases.
  • Legislative action: Passed both chambers with strong margins (Senate 30-0-1; House 59-0-3); concurrence vote 28-1-2. Renumbered/processed as SEA No. 0055 and assigned Chapter No. 98.

Practical implications

  • Provides statutory protection and a defined affirmative defense for use of force to secure military equipment, aligning legal protections for civilian state security officers with those long afforded to military personnel.
  • May affect criminal prosecutions and civil litigation standards in incidents involving defense of military assets; increases role of military regulations/doctrine in assessing reasonableness of force.
  • Places approval and oversight of defense counsel and fee payment with the Attorney General’s office.

Compiled from official sources — confirm details with the bill’s official record.

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