DUI-child endangerment.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0147.E1

HOUSE BILL
NO.
HB0260

DUI-child endangerment.

Sponsored by:
Representative(s) Hinckley, Berger, Brown, Harshman, Harvey, Iekel, Jorgensen, Pedersen, Warren, Watt and White and Senator(s) Boggs, Johnson and Massie

A BILL

for

AN ACT relating to driving under the influence; providing additional penalties for driving under the influence with a child in the vehicle; providing for investigation by child protective services; and providing for an effective date.

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

Section 1.
W.S. 14
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3
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202(a)(ii)(D), 31
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5
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233(a) by creating a new paragraph (vi) and by creating a new subsection (m) and 31
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5
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234(a) by creating a new paragraph (v) and by creating a new subsection (j) are amended to read:

14
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3
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202.

Definitions.

(a)

As used in W.S. 14
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3
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201 through 14
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3
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215:

(ii)

"Abuse" means inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means, including abandonment, unless the abandonment is a relinquishment substantially in accordance with W.S. 14
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11
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101 through 14
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109, excessive or unreasonable corporal punishment, malnutrition or substantial risk thereof by reason of intentional or unintentional neglect, and the commission or allowing the commission of a sexual offense against a child as defined by law:

(D)

"Imminent danger" includes threatened harm and means a statement, overt act, condition or status which represents an immediate and substantial risk of sexual abuse or physical or mental injury.
"Imminent danger" includes violation of W.S. 31
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5
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233(m) or 31
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5
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234(j).

31
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5
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233.

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

(a)

As used in this section:

(vi)

"Child passenger" means a person traveling in a vehicle who is under sixteen (16) years of age.

(m)

Any person over the age of seventeen (17) who
has a child passenger in the vehicle during a violation of this section shall be punished upon conviction as follows:

(i)

If previously convicted and sentenced under this section, or any other law substantially conforming to the provisions of this subsection, by imprisonment for not more than five (5) years; and

(ii)

For purposes of calculating if an individual has a second or subsequent conviction for a violation of this section or other law prohibiting driving while under the influence with a child passenger in the vehicle, any dismissal of a charge pursuant to W.S. 7
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13
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301 for a violation of this section or other law prohibiting driving under the influence with a child passenger in the vehicle shall be counted as a conviction for purposes of this section.

31
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5
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234.

Unlawful operation of vehicle by youthful driver with detectable alcohol concentration; penalty.

(a)

As used in this section:

(v)

"Child passenger" means a person traveling in a vehicle who is under sixteen (16) years of age.

(j)

Any person over the age of seventeen (17) who
has a child passenger in the vehicle during a violation of this section shall be punished upon conviction as follows:

(i)

If previously convicted and sentenced under this section, or any other law substantially conforming to the provisions of this section, by imprisonment for not more than five (5) years; and

(ii)

For purposes of calculating if an individual has a second or subsequent conviction for a violation of this section or other law prohibiting driving while under the influence with a child passenger in the vehicle, any dismissal of a charge pursuant to W.S. 7
‑
13
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301 for a violation of this section or other law prohibiting driving under the influence with a child passenger in the vehicle shall be counted as a conviction for purposes of this section.

Section 2.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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HB0260