{"id":1051102,"date":"2021-11-24T07:59:10","date_gmt":"2021-11-24T12:59:10","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1051102"},"modified":"2021-11-24T07:59:15","modified_gmt":"2021-11-24T12:59:15","slug":"oklahoma-senator-files-kyles-law-to-hold-malicious-prosecutors-accountable-compensate-victims","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/oklahoma-senator-files-kyles-law-to-hold-malicious-prosecutors-accountable-compensate-victims\/","title":{"rendered":"Oklahoma Senator Files \u2018Kyle\u2019s Law\u2019 To Hold \u2018Malicious\u2019 Prosecutors Accountable, Compensate Victims"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">24<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Foklahoma-senator-files-kyles-law-to-hold-malicious-prosecutors-accountable-compensate-victims%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1051102&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>A state senator from Oklahoma has filed legislation named after Kyle Rittenhouse that seeks to compensate defendants of \u201cmalicious prosecution\u201d if they are charged with murder but later found to be not guilty due to justifiable homicide.<\/p>\n<p>Sen. Nathan Dahm (R-Broken Arrow), who is <a href=\"https:\/\/tulsaworld.com\/news\/state-and-regional\/govt-and-politics\/watch-now-legislator-nathan-dahm-enters-u-s-senate-race\/article_81883aa8-1fb0-11ec-98a9-e3e13e36f39c.html\">running<\/a> for the U.S. Senate, filed Senate Bill 1120, called Kyle\u2019s Law, on Tuesday. Rittenhouse was found not guilty of murder last week after fatally shooting two men and injuring a third during riots last year in Kenosha, Wisconsin.<\/p>\n<p>In a press release, Dahm\u2019s office explained the bill:<\/p>\n<p><em>Under Dahm\u2019s 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 \u201cfair and just compensation.\u201d<\/em><\/p>\n<p><em>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.<\/em><\/p>\n<p><em>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\u2019s rights. Under the legislation, a prosecutor may be held personally liable to a claimant if malicious prosecution is established.<\/em><\/p>\n<p>\u201cKyle Rittenhouse should never have been charged. The video evidence from early on showed it was lawful self-defense,\u201d Dahm said. \u201cIt 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.\u201d<\/p>\n<p>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.<\/p>\n<p> <iframe loading=\"lazy\" title=\"HEATED Gun Control Debate  Sen  Nathan Dahm OWNS CNN Piers Morgan over 2nd Amendment\" width=\"500\" height=\"281\" src=\"https:\/\/www.youtube.com\/embed\/SMypq5U8cjI?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe> <\/p>\n<p>The Daily Wire previously <a href=\"https:\/\/www.dailywire.com\/news\/breaking-kyle-rittenhouse-found-not-guilty\">reported<\/a> the background surrounding the Rittenhouse case:<\/p>\n<p><em>Rittenhouse, who is now 18, lives in Antioch, a northern suburb of Chicago about 15 miles from Kenosha. On August 25 of last year when he was 17, Rittenhouse decided to patrol the downtown Kenosha area alongside other armed men in order to protect a used car dealership from looting and vandalism. The city had devolved into rioting over the police shooting of Jacob Blake, a black man, by a white Kenosha police officer.<\/em><\/p>\n<p><em>Rittenhouse took a medical kit and armed himself with a Smith &amp; Wesson M&amp;P15, which is an AR-15 style semi-automatic rifle that police say his friend illegally bought for him.<\/em><\/p>\n<p><em>While guarding the used car dealership, he was chased by protesters and ended up fatally shooting two people, Joseph Rosenbaum and Anthony Huber, and injuring a third, Gaige Grosskreutz. The defendant and the three men he shot are all white.<\/em><\/p>\n<p><em>He was arrested and&nbsp;<a href=\"https:\/\/www.documentcloud.org\/documents\/7047765-Kyle-Rittenhouse-Criminal-Complaint.html\">charged<\/a>&nbsp;with five felony charges and one misdemeanor charge. The most serious charge was intentional homicide, Wisconsin\u2019s top murder charge, which carries a mandatory sentence of life in prison. The others were reckless homicide, attempted homicide, two counts of reckless endangerment, and being a minor illegally in possession of a firearm.<\/em><\/p>\n<p><em>On Monday, the judge dismissed the misdemeanor firearm charge, which was considered the easiest charge for the state to prove. Previously, Rittenhouse&nbsp;was also charged with violating curfew, but that charge was&nbsp;<a href=\"https:\/\/www.lakemchenryscanner.com\/2021\/11\/09\/judge-dismisses-curfew-charge-against-kyle-rittenhouse-as-prosecution-rests-their-case\/\">dismissed<\/a>&nbsp;last week by the judge as well.<\/em><\/p>\n<p>The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a <a href=\"https:\/\/www.dailywire.com\/subscribe\">member<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A state senator from Oklahoma has filed legislation named after Kyle Rittenhouse that seeks to compensate defendants of \u201cmalicious prosecution\u201d if they are charged with murder but later found to be not guilty due to justifiable homicide.Sen. Nathan Dahm (R-Broken Arrow), who is running for the U.S. Senate, filed Senate Bill 1120, called Kyle\u2019s Law, on Tuesday. Rittenhouse was found not guilty of murder last week after fatally shooting two men and injuring a third during riots last year in Kenosha, Wisconsin.In a press release, Dahm\u2019s office explained the bill:Under Dahm\u2019s 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 \u201cfair and just compensation.\u201dSB 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\u2019s rights. Under the legislation, a prosecutor may be held personally liable to a claimant if malicious prosecution is established.\u201cKyle Rittenhouse should never have been charged. The video evidence from early on showed it was lawful self-defense,\u201d Dahm said. \u201cIt 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.\u201dDahm, 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.[embedded content]The Daily Wire previously reported the background surrounding the Rittenhouse case:Rittenhouse, who is now 18, lives in Antioch, a northern suburb of Chicago about 15 miles from Kenosha. On August 25 of last year when he was 17, Rittenhouse decided to patrol the downtown Kenosha area alongside other armed men in order to protect a used car dealership from looting and vandalism. The city had devolved into rioting over the police shooting of Jacob Blake, a black man, by a white Kenosha police officer.Rittenhouse took a medical kit and armed himself with a Smith &#038; Wesson M&#038;P15, which is an AR-15 style semi-automatic rifle that police say his friend illegally bought for him.While guarding the used car dealership, he was chased by protesters and ended up fatally shooting two people, Joseph Rosenbaum and Anthony Huber, and injuring a third, Gaige Grosskreutz. The defendant and the three men he shot are all white.He was arrested and\u00a0charged\u00a0with five felony charges and one misdemeanor charge. The most serious charge was intentional homicide, Wisconsin\u2019s top murder charge, which carries a mandatory sentence of life in prison. The others were reckless homicide, attempted homicide, two counts of reckless endangerment, and being a minor illegally in possession of a firearm.On Monday, the judge dismissed the misdemeanor firearm charge, which was considered the easiest charge for the state to prove. Previously, Rittenhouse\u00a0was also charged with violating curfew, but that charge was\u00a0dismissed\u00a0last week by the judge as well.The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a member.<\/p>\n","protected":false},"author":102,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1051102","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1051102","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/102"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1051102"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1051102\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1051102"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1051102"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1051102"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}