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HB0042 • 2005

DUI evaluations.

AN ACT relating to driving under the influence; providing for substance abuse evaluation for all violations; and providing for an effective date.

Taxes
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Warren
Last action
2005-02-18
Official status
enrolled
Effective date
7/1/2006

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0042H3001

3rd reading • LANDON

Failed

Plain English: Failed 3rd reading by LANDON

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0042HS001

Standing Committee • H01

Adopted

Plain English: Adopted Standing Committee by H01

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0042S2001

2nd reading • BURNS

Withdrawn

Plain English: Withdrawn 2nd reading by BURNS

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2005-02-18 LSO

    Assigned Chapter Number - 43

  2. 2005-02-18 Governor

    Governor Signed HEA0028

  3. 2005-02-16 Senate

    S President Signed HEA No. 0028

  4. 2005-02-15 House

    H Speaker Signed HEA No. 0028

  5. 2005-02-14 LSO

    Assigned Number HEA0028

  6. 2005-02-14 Senate

    S Passed 3rd Reading

  7. 2005-02-11 Senate

    S Passed 2nd Reading

  8. 2005-02-10 Senate

    S Passed CoW

  9. 2005-02-08 Senate

    S Placed on General File

  10. 2005-02-08 Senate

    S01 Recommended Do Pass

  11. 2005-02-02 Senate

    S Introduced and Referred to S01

  12. 2005-02-02 Senate

    S Received for Introduction

  13. 2005-02-01 House

    H Passed 3rd Reading

  14. 2005-02-01 House

    Amendment Failed

  15. 2005-01-31 House

    H Passed 2nd Reading

  16. 2005-01-28 House

    H Passed CoW

  17. 2005-01-28 House

    Amendment Adopted

  18. 2005-01-28 House

    H Amendments Adopted

  19. 2005-01-26 House

    H Placed on General File

  20. 2005-01-26 House

    H01 Recommended Amend and Do Pass

  21. 2005-01-12 House

    H Introduced and Referred to H01

  22. 2005-01-11 House

    H Received for Introduction

  23. 2004-12-17 LSO

    Bill Number Assigned

Official Summary Text

2005 General Session Summary for HB0042

Bill
No.:
HB0042
Drafter:

LGC

LSO
No.:
05LSO-0247
Effective Date:

7/1/2006

Enrolled
Act No.:
HEA0028

Chapter
No.:
43

Prime
Sponsor:
Representative Warren

Catch
Title:
DUI evaluations.

Subject:
Substance
abuse assessments for driving under the influence convictions.

Summary/Major
Elements:

The bill provides for mandatory substance abuse assessments for any
person convicted of driving under the influence of alcohol or controlled
substances.

The assessment required for first and second offenders is to be conducted
by substance abuse providers certified by the department of health.

Assessments for third and subsequent convictions continue to be conducted
by limited individuals pursuant to the convicted offender accountability act.

Provides that the cost of the assessment is to be paid by the offender.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0042

ENROLLED ACT NO. 28, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to driving under the influence; providing for substance abuse evaluation for all violations; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 31
‑
5
‑
233(e) is amended to read:

31
‑
5
‑
233.

Driving or having control of vehicle while under influence of intoxicating liquor or controlled substances; penalties.

(e)

Except as otherwise provided, a person convicted of violating this section shall be ordered to or shall receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9
‑
2
‑
2701(c) at or before sentencing. The cost of the substance abuse assessment shall be assessed to and paid by the offender.

Except as otherwise provided in this subsection or subsection (h) of this section, a person convicted of violating this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. On a second conviction within five (5) years after a conviction for a violation of this section or other law prohibiting driving while under the influence, he shall be punished by imprisonment for not less than seven (7) days nor more than six (6) months
, he shall be ordered to or shall receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9
‑
2
‑
2701(c) before sentencing
and shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least seven (7) days in jail. In addition, the person may be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00). On a third conviction within five (5) years after a conviction for a violation of this section or other law prohibiting driving while under the influence, he shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months
, shall receive a substance abuse assessment pursuant to W.S. 7
‑
13
‑
1302 and
shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least thirty (30) days in jail except that the court shall consider the substance abuse assessment and may order the person to undergo outpatient alcohol or substance abuse treatment during any mandatory period of incarceration. The minimum period of imprisonment for a third violation shall be mandatory, but the court, having considered the substance abuse assessment and the availability of public and private resources, may suspend up to fifteen (15) days of the mandatory period of imprisonment if, subsequent to the date of the current violation, the offender completes an inpatient treatment program approved by the court. In addition, the person may be fined not less than seven hundred fifty dollars ($750.00) nor more than three thousand dollars ($3,000.00). The judge may suspend part or all of the discretionary portion of an imprisonment sentence under this subsection and place the defendant on probation on condition that the defendant pursues and completes an alcohol education or treatment program as prescribed by the judge. Notwithstanding any other provision of law, the term of probation imposed by a judge under this section may exceed the maximum term of imprisonment established for the offense under this subsection provided the term of probation together with any extension thereof, shall not exceed three (3) years for up to and including a third conviction. On a fourth or subsequent conviction within five (5) years for a violation of this section or other law prohibiting driving while under the influence, he shall be guilty of a felony and fined not more than ten thousand dollars ($10,000.00), punished by imprisonment for not more than two (2) years, or both.

Section 2.
This act is effective July 1, 2006.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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