SF 3

2026  26LSO-0074
  STATE OF WYOMING
  SENATE FILE NO. SF0003
Protection of nuclear facilities.
Sponsored      by:      Joint  Minerals,   Business  &    Economic
  Development Interim Committee
  A BILL
  for
1 AN     ACT   relating    to   crimes       and   offenses;    providing     an
2 affirmative defense for the use of defensive force for the
3 protection      or    defense   of    nuclear     facilities;        providing
4 definitions;  establishing      an     offense    of      trespass    on
5 commercial       nuclear      facilities;        specifying  penalties;
6 providing      armed     nuclear      facility     security       guards    the
7 authority to detain persons as specified; and providing for
8 an effective date.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
12Section 1.      W.S. 6-2-604 and 6-3-308 are created to
13 read:
14
1SF0003
2026  STATE OF WYOMING  26LSO-0074
16-2-604.     Use   of     force  in     defense      of    nuclear
2 facilities; definitions; detention authority.
3
4(a)   As used in this section:
5
6(i)    "Armed     nuclear  security       guard"     means    a
7 person who is:
8
9(A)   Employed        by     or     contracted        with    a
10 nuclear power reactor that is licensed by the United States
11 nuclear      regulatory      commission  and    is      located     at    a
12 commercial nuclear facility;
13
14(B)   Employed or contracted as part of the
15 security     plan    approved     by       the       United     States    nuclear
16 regulatory     commission       and       who    meets        the   requirements
17 mandated by the commission for carrying a firearm; and
18
19(C)   Certified        as    a    peace    officer    by     the
20 peace officer standards and training commission.
21
22(ii)    "Commercial  nuclear       facility"        means    a
23 facility that is owned by any person, is licensed by the
2SF0003
2026  STATE OF WYOMING  26LSO-0074
1 United       States    nuclear   regulatory       commission       and   that      is
2 required to have a security plan for the facility approved
3 by     the     United       States   nuclear       regulatory        commission.
4 "Commercial nuclear facility":
5
6(A)    Shall not include any facility owned by
7 the United States nuclear regulatory commission;
8
9(B)    Includes      the    property      on    which        the
10 facility is located and any other structure and fencing
11 associated with the facility.
12
13(iii)     "Exclusion       area"   means      the     area     of    a
14 commercial       nuclear      facility      in    which    a    United      States
15 nuclear regulatory commission licensee has the authority to
16 determine       all     activities,       including       the      exclusion       or
17 removal of property and personnel from the area;
18
19(iv)     "Protected      area"     means    the       area   of      a
20 commercial nuclear facility within the exclusion area that
21 is encompassed by physical barriers;
22
3SF0003
2026  STATE OF WYOMING  26LSO-0074
1(v)     "Structure and fencing" means any structure,
2 fenced yard, wall, building or other similar barrier or
3 combination      thereof        that   surrounds    a    commercial   nuclear
4 facility and that is posted with signage stating that it is
5 a felony to trespass at the commercial nuclear facility.
6
7(b)    An armed nuclear security guard is privileged to
8 use defensive force against another person at a commercial
9 nuclear facility if the guard reasonably believes that the
10 defensive force is necessary to prevent or terminate the
11 commission of a burglary under W.S. 6-3-301, criminal entry
12 under W.S. 6-3-302, criminal trespass under W.S. 6-3-303 or
13 criminal trespass at a commercial nuclear facility under
14 W.S. 6-3-308 within or upon a protected area.
15
16(c)    An armed nuclear security guard is privileged to
17 use    defensive       force,      including      deadly    force,    against
18 another      person    at   a    commercial    nuclear     facility    if   the
19 guard reasonably believes that defensive force or deadly
20 force is necessary to:
21
22(i)     Prevent      the     commission      of    a    murder,
23 manslaughter,  aggravated       assault,    kidnapping,       burglary,
4SF0003
2026  STATE OF WYOMING  26LSO-0074
1 criminal entry, arson or robbery within or upon a protected
2 area;
3
4(ii)    Prevent    acts    of    radiological     sabotage    or
5 the theft or diversion of special nuclear material within
6 or upon a protected area under a security plan approved by
7 the United States nuclear regulatory commission;
8
9(iii)    Defend against the use or imminent use of
10 deadly force against the guard or other person within or
11 upon a protected area.
12
13(d)   Notwithstanding      any        other    provision    of    this
14 section, an armed nuclear security guard is privileged to
15 threaten to use defensive force, including deadly force, if
16 and to the extent that the armed nuclear security guard
17 believes that the threat of force is necessary to protect
18 the guard or others against another person's potential use
19 of force or deadly force within or upon a protected area.
20
21(e)   An armed nuclear security guard using defensive
22 force,   including     deadly    force,       in     accordance   with   this
5SF0003
2026  STATE OF WYOMING  26LSO-0074
1 section shall not be liable under civil or criminal law for
2 engaging in conduct that is privileged under this section.
3
4(f)    An    armed     nuclear       security       guard,    acting       upon
5 reasonable  belief,    may    detain      a     person       in    or    at    a
6 commercial nuclear facility in a reasonable manner and for
7 a reasonable time if the person is suspected of committing
8 or attempting to commit any of the offenses specified in
9 subsection (b) and paragraph (c)(i) of this section for
10 purposes of summoning law enforcement.
11
12(g)    For purposes of subsection (f) of this section,
13 an   armed     nuclear       security       guard's    reasonable  belief     to
14 detain a person under subsection (f) of this section shall
15 constitute an affirmative defense in any civil or criminal
16 action       against    the    armed        nuclear    security  guard,      the
17 guard's employer or the owner of the commercial nuclear
18 facility where the guard was employed for false arrest,
19 false    imprisonment,  unlawful       imprisonment  or     unlawful
20 detention.
21
226-3-308.      Criminal       trespass     at    a    commercial  nuclear
23 facility.
6SF0003
2026  STATE OF WYOMING  26LSO-0074
1
2(a)   The definitions of W.S. 6-2-604 shall apply to
3 this section.
4
5(b)   A   person   is    guilty    of    criminal   trespass      at   a
6 commercial nuclear facility if the person knowingly:
7
8(i)    Enters     or    remains    unlawfully    in    or   on   a
9 commercial nuclear facility; or
10
11(ii)   Enters      or    remains    unlawfully    within     the
12 structure and fencing of a commercial nuclear facility.
13
14(c)   Criminal     trespass        at    a   commercial       nuclear
15 facility is a felony punishable by imprisonment for not
16 more than five (5) years, a fine of not more than one
17 thousand dollars ($1,000.00), or both.
18
19Section 2.     This act is effective July 1, 2026.
20
21(END)
7SF0003