Wyoming Statutes Title 19. Defense Forces and Affairs § 19-12-109. Immunity of national guard member; commission of felony or lesser crime by such member

(a) Repealed by Laws 2021, ch. 159, § 2, eff. July 1, 2021.

(b) When any crime against the laws of Wyoming or any political subdivision thereof is alleged to have been committed by any member of the Wyoming national guard, upon presentation of the proper warrant he shall be apprehended by military authorities and surrendered to the proper civil authorities of the county wherein the warrant was issued.

(c) Repealed by Laws 2021, ch. 159, § 2, eff. July 1, 2021.

(d) Nothing herein grants immunity from service of warrants issued upon a charge or complaint alleging the violation of one (1) or more of the offenses set forth in W.S. 19-12-110 nor shall any such immunity prevent prosecution of a member of the Wyoming national guard by the proper authorities at any time after termination of the period of any duty status for which the immunity was effective.

(e) No member of the Wyoming national guard shall be held to answer for a criminal offense in both civilian courts and the military courts of this state. The decision as to under which justice system a member is held to answer is left to the discretion of the prosecuting attorney for the county in which the offense is alleged to have occurred and the state judge advocate. An impasse in this decision shall be referred to the district court judge for resolution. The decision of the district court judge is final.