Republican Unveils 'Kyle's Law' to Crack Down on 'Malicious' Prosecutors
Oklahoma senator files new law to compensate defendants of 'malicious prosecution'
A Republican state senator from Oklahoma has unveiled his new "Kyle's Law" that seeks to crack down on politically-motivated "malicious" prosecutors.
The new legislation, filed by state Sen. Nathan Dahm (R-Broken Arrow), also seeks to compensate victims of "malicious prosecution."
The legislation named after Kyle Rittenhouse that seeks to compensate defendants if they are charged with murder but later found to be not guilty due to justifiable homicide.
Dahm, who is running for the U.S. Senate, filed Senate Bill 1120, called Kyle’s Law, on Tuesday.
Rittenhouse was found not guilty of "murder" last week.
Prosecutors in the case filed several phony charges against the teen over the fatal self-defense shooting of two men, and the injuring of a third, during violent Black Lives Matter riots last year in Kenosha, Wisconsin.
In a press release, Dahm’s office explained the bill:
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.
"Kyle Rittenhouse should never have been charged,” Dahm said.
"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, who is a staunch defender of the U.S. Constitution, garnered national attention several years ago when he took on Piers Morgan on CNN on the issue of gun rights.