Municipal officers' citation authority.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0587

HOUSE BILL
NO.
HB0244

Municipal officers' citation authority.

Sponsored by:
Representative(s) Martin, Latta, McOmie and Walsh and Senator(s) Boggs and Ross

A BILL

for

AN ACT relating to cities and towns; authorizing municipal officers to issue citations to or arrest persons as specified; conforming provisions; providing limitations; providing a definition; and providing for an effective date.

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

Section 1.
W.S. 7
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2
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103 by creating a new subsection (e), 7
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8
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101 by creating a new subsection (b) and 15
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1
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103(a)(xli) are amended to read:

7
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2
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103.

Issuance of citations.

(e)

For purposes of this section, "arresting officer" means a peace officer, or a municipal officer acting in accordance with the terms of his appointment under W.S. 15
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1
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103(a)(xli).

7
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8
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101.

Arrest by person who is not a peace officer.

(b)

A municipal officer appointed under W.S. 15
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1
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103(a)(xli) may arrest, or issue a citation to, another person in accordance with the terms of his appointment.

15
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1
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103.

General powers of governing bodies.

(a)

The governing bodies of all cities and towns may:

(xli)

Adopt ordinances, resolutions and regulations, including regulations not in conflict with this act and necessary for the health, safety and welfare of the city or town, necessary to give effect to the powers conferred by this act and, except as provided by paragraph (xlvi) of this subsection, enforce all ordinances by imposing fines not exceeding seven hundred fifty dollars ($750.00), or imprisonment not exceeding six (6) months, or both.
The governing body of a city or town may appoint municipal officers who are not certified as peace officers to issue citations or arrest individuals while enforcing ordinances, resolutions and regulations adopted under this section, provided any arrest by a municipal officer shall only be of a person who violates the ordinances, resolutions or regulations the municipal officer is appointed to enforce, or who interferes with the municipal officer's efforts to enforce those ordinances, resolutions or regulations.
The governing body of a city or town may by ordinance impose a term of probation for battery which may exceed the maximum term of imprisonment established for the offense provided the term of probation, together with any extension thereof, shall in no case exceed one (1) year;

Section 2.
This act is effective July 1, 2005.

(END)

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HB0244