H.B. No. 0118 |
Felony driving under the influence. |
Sponsored
By: Representative(s)
Cooper, Hinckley and Luthi and Senator(s) Roberts
AN ACT relating to motor vehicles; providing an increased penalty
for driving under the influence in specified circumstances; and providing for
an effective date.
1/13/2003 Bill Number
Assigned
1/15/2003 H Received
for Introduction
1/16/2003 H
Introduced and Referred to H01
1/20/2003 H01
Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Berger,
Buchanan, Landon, Olsen, Petersen, Simpson and Warren
Ayes 9 Nays 0 Excused 0 Absent 0
Conflicts 0
1/20/2003 H Placed on
General File
1/21/2003 H
Amendments Considered
HB0118HS001/A ADOPTED
Page 1-line 3 After
";" insert "removing requirement relating to court ordered
treatment;".
Page 2-line 11 Strike
"or".
Page 2-line 12 Delete
"fourth".
Page 2-line 19 After
"court" strike balance of the line.
Page 2-line 23 Strike
"or"; delete "fourth".
Page 3-line 17 Delete
"fourth" insert "third".
Page 3-line 18 Delete
"fifth" insert "fourth"; delete "seven
(7)" insert "five (5)".
SIMPSON,
CHAIRMAN
1/21/2003 H Passed
CoW
1/22/2003 H Passed
2nd Reading
1/23/2003 H Passed
3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Baker, Berger, Boswell, Brechtel, Buchanan, Bucholz, Childers, Cohee,
Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman,
Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones,
Jorgensen, Landon, Latta, Law, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer,
Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers,
Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Tipton, Walsh, Warren,
Wasserburger and Wostenberg.
Excused: Representative(s) Lockhart and Thompson.
Ayes 58 Nays 0 Excused 2 Absent 0
Conflicts 0
1/24/2003 S Received
for Introduction
2/4/2003 S
Introduced and Referred to S01
2/10/2003 S01
Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Burns, Goodenough, Hanes and
Meier
Nays: Senator(s) Decaria
Ayes 4 Nays 1 Excused 0 Absent 0
Conflicts 0
2/10/2003 S Placed on
General File
2/12/2003 S Passed
CoW
2/13/2003 S Passed
2nd Reading
2/14/2003 S Laid Back
Without Prejudice
2/18/2003 S
Amendments Considered
HB0118S3001/AE (TO ENGROSSED COPY) ADOPTED
Page 1-line 8 After
"W.S." insert "7-13-1302 and"; delete "is" insert
"are".
Page 1-after
line 8 Insert:
"7-13-1302. Substance abuse
assessment required.
All persons convicted of a third misdemeanor under W.S. 31‑5‑233(e)
or a felony shall receive, as a part of a presentence report, a substance
abuse assessment. The cost of the substance abuse assessment shall be assessed
to and paid by the offender. A
person who has undergone a substance abuse assessment pursuant to W.S. 31‑5‑233(e)
may receive a second assessment under this section if the court finds that
enough time has passed to make the first assessment inaccurate.".
Page 2-line 17 After
"months" insert ", shall receive a substance abuse assessment
pursuant to W.S. 7-13-1302".
Page 2-line 20 After
stricken language insert "shall consider the substance abuse assessment
and".
Page 3-line 1 After
"court" insert ", having considered the substance abuse
assessment and the availability of public and private resources,". DEVIN, BOGGS
HB0118S3002.01/ACE (CORRECTED COPY) (TO ENGROSSED COPY)
(DIVIDED AMENDMENT) ADOPTED
Page 3-line 23 Delete
"five (5) years" insert "two (2) years". MEIER
HB0118S3002.02/FCE (CORRECTED COPY) (TO ENGROSSED COPY)
(DIVIDED AMENDMENT) FAILED
Page 1-line 8 After
"W.S." insert "7-13-301(a)(intro), by creating a new paragraph
(vi) and"; delete "is" insert "are".
Page 1-after
line 8 Insert:
"7-13-301. Placing person found guilty, but not convicted, on
probation.
(a) If a person who has not
previously been convicted of any felony is charged with or is found guilty of
or pleads guilty or no contest to any misdemeanor except any second or
subsequent misdemeanor violation of W.S. 31-5-233 or any similar misdemeanor
provision of provided by law, or any second or subsequent
violation of W.S. 6-2-501(a) or (b) by a household member as defined by W.S.
35-21-102 against any other household member or any similar provision of law,
or any felony except murder, sexual assault in the first or second degree,
aggravated assault and battery, or arson in the first or second
degree or any second or subsequent violation of the felony provision of W.S.
31-5-233(e), the court may, with the consent of the defendant and the state
and without entering a judgment of guilt or conviction, defer further
proceedings and place the person on probation for a term not to exceed five (5)
years upon terms and conditions set by the court. The terms of probation shall include that he:
(vi)
In the case of a deferment of a felony conviction for violating W.S.
31-5-233(e), attend an alcohol abuse treatment program for not less than one
(1) year, and any misdemeanor provision of W.S. 31-5-233 the court may choose
to impose.". MEIER
2/18/2003 S Passed
3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Boggs,
Burns, Caller, Case, Coe, Decaria, Devin, Erb, Goodenough, Hanes, Hawks, Job,
Kunz, Larson, Massie, Mockler, Northrup, Roberts, Schiffer, Scott, Sessions and
Vasey.
Nays: Senator(s) Barton, Cathcart, Hines, Meier
and Peck.
Excused: Senator(s) Geis
Ayes 24 Nays 5 Excused 1 Absent 0
Conflicts 0
2/19/2003 H Did
Concur
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Baker, Berger, Boswell, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper,
Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey,
Hinckley, Iekel, Illoway, Jansen, Johnson, L., Jones, Jorgensen, Landon, Latta,
Law, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan,
Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Reese,
Robinson, Ross, Semlek, Simpson, Slater, Thompson, Tipton, Walsh, Warren,
Wasserburger and Wostenberg.
Nays: Representative(s) Johnson, W.
Excused: Representative(s) Lockhart
Ayes 58 Nays 1 Excused 1 Absent 0
Conflicts 0
2/19/2003 Assigned
Number HEA 0034
2/19/2003 H Speaker
Signed HEA No. 0034
2/19/2003 S President
Signed HEA No. 0034
2/21/2003 Governor
Signed HEA No. 0034
Chapter No. 0047 Session
Laws of Wyoming 2003.