State Senator Introduces ‘Kyle’s Law’ To Keep What Government Did To Rittenhouse From Happening Again
An Oklahoma State Senator has filed legislation that seeks to help compensate any defendants of “malicious prosecution” if they are charged with murder and later found out to be not guilty due to self-defense or other justified reasons.
On Tuesday, candidate for U.S. Senate, Sen. Nathan Dahm (R-Broken Arrow) filed Senate Bill 1120, naming it Kyle’s law, in tribute to Kyle Rittenhouse. Rittenhouse was found not guilty of murder last week following his fatal shooting of two men and injuring a third during the Kensoah riots last year.
Dahm’s office explained the bill in a press release:
Under Dahm’s legislation, if a person is charged with murder but is found not guilty due to justifiable homicide, the state would have to reimburse the defendant for all reasonable costs, including loss of wages, legal fees incurred, and other expenses involved in their defense. When a homicide is determined to be justified and the accused establishes that they had sustained injury due to malicious prosecution, then that person will be awarded “fair and just compensation.”
SB 1120 further states that in order to support a claim of malicious prosecution, the claimant must establish that the prosecution was instituted or instigated by the prosecutor and was without probable cause; that the prosecution had legally and finally been terminated in favor of the claimant; and that as a result of the criminal prosecution, the claimant sustained injury.
Malice may be established if the motive for the prosecution was something other than a desire to bring an offender to justice, or that it was one with ill will or hatred, or willfully done in a wanton or oppressive manner and in conscious disregard of the claimant’s rights. Under the legislation, a prosecutor may be held personally liable to a claimant if malicious prosecution is established.
Dahm staunchly defended Rittenhouse and explained his inspiration for the legislation, saying, “Kyle Rittenhouse should never have been charged. The video evidence from early on showed it was lawful self-defense. It is our duty to protect the rights of the people we represent, and the right to self-defense is paramount. This bill will ensure that what happened to Kyle Rittenhouse cannot happen to the people of Oklahoma.”
Dahm, a staunch defender of the U.S. Constitution, received nationwide attention years ago when he debated Piers Morgan over gun rights on CNN.
The Scoop reported on Rittenhouse’s verdict last week:
Kyle Rittenhouse was found not guilty on all five counts charged against him. Following the verdict being read, Rittenhouse broke down crying, collapsed, and hugged his defense attorney. Rittenhouse, 18 years old, now has his whole life ahead of him.
The five charges against Rittenhouse were:
- First-Degree Reckless Homicide, Use of a Dangerous Weapon not guilty.
- First-Degree Recklessly Endangering Safety, Use of Dangerous Weapon not guilty.
- First-Degree Recklessly Endangering Safety, Use of a Dangerous Weapon not guilty.
- First-Degree Intentional Homicide, Use of a Dangerous Weapon not guilty.
- Attempted First-Degree Intentional Homicide, Use of a Dangerous Weapon not guilty.
Stay tuned to The Scoop for any details.
