State Rep. Mike Kohler pulled House Bill 133 from the House Law Enforcement and Criminal Justice Committee agenda on Wednesday due to hesitation that the bill may not yet pass, and the need for adjustments that would appease 2nd Amendment rights groups
Kohler is a Republican representing Summit and Wasatch counties and is the bill’s sponsor. H.B. 133 would require people to report the use of force in self-defense cases to law enforcement. Kohler said it’s a step in the right direction when it comes to having to use lethal force in self-defense situations. Individuals who report using force, Kohler said, will be presumed innocent.
The bill establishes that an individual is required to report the use of deadly force to 911 to receive a pretrial justification hearing. Changes to the bill include that the report must be made within 24 hours of the incident.
Kohler said the bill gives law enforcement the ability to interview those who use lethal force sooner rather than later.
He referenced the 2024 road rage shooting that happened at the Ross Creek entrance of Jordanelle State Park in Wasatch County, which resulted in the death of Patrick Hayes. Greg DeBoer, who claimed he used lethal force out of self-defense, is charged with obstruction of justice for burying the gun he used to kill Hayes.
DeBoer did not call 911. A passerby reported Hayes lying on the ground the following morning. Kohler said that if H.B. 133 had already been in effect, a call to 911 could have been made sooner.
Kohler said he has received pushback from 2nd Amendment rights groups about H.B. 133 because it could be seen as a violation of the 5th Amendment, including the right to remain silent.
“That’s not what my intent was,” Kohler said. “My intent was to incentivize somebody who uses lethal force to report it so that the facts could be available.”
He added that reporting the situation may even “bode well” for the person who acted out of self-defense.
“It would show at least a little bit of desire to solve the problem because they thought they did it in a way that they had no choice,” Kohler said. “I mean, that’s what self-defense is, right?”
Kohler and Wasatch County Sheriff Jared Rigby agree H.B. 133 would be a benefit to law enforcement. Though Rigby said such a bill would have changed the outcome of the investigation into the road rage case. Rigby said it’s possible that, if the shooting had been reported, DeBoer may have been charged with homicide.
Self-incrimination, Kohler said, is something he is hoping to avoid by changing the verbiage of the bill. He did not specify exactly what would change before the bill is brought up again in the 2026 legislative session, which will end on March 6.
Kohler already made one adjustment in January to say that a person who uses self-defense should report the situation within 24 hours. That’s a change from the prior draft, when immediate reporting would have been required.
For Utah State Rifle and Pistol Association President Larry Scanlan, H.B. 133 is one piece of legislation he does not have a problem with. Scanlan said he is more concerned with legislation like H.B. 452, which deals with firearm storage for concealed permit holders.
Scanlan specified that he does not speak for the National Rifle Association. Having been a gun owner since he graduated high school in 1966, Scanlan said he is a firm believer in the 2nd Amendment. He has been president of the Utah State Rifle and Pistol Association for 15 years.
“I don’t have any big concerns with that one,” Scanlan said about H.B. 133. “You know, it requires reporting to the police agency within 24 hours if you did use deadly force. … It seems like that would help the police.”
Scanlan said he has no objection to aiding law enforcement, and Kohler said that would be along the lines of what he intended when writing the bill — to help law enforcement handle a situation where deadly force is used out of self-defense.
Kohler worked to pass H.B. 133 during the 2025 legislative session. He did so later in the session, and it did not pass. Kohler said he hopes to bring the bill up again before the end of the 2026 legislative session.