SF0173 • 2005

Assault upon corrections or detention officer.

AN ACT relating to crimes and offenses; creating the crime of assault and battery on a corrections or detention officer; providing penalties; providing definitions; and providing for an effective date.

Crime

Enacted

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

Sponsor: Senator Meier
Last action: 2005-03-02
Official status: enrolled
Effective date: 7/1/2005

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.

SF0173H3001

3rd reading • MEULI

Adopted

Plain English: Adopted 3rd reading by MEULI

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.

SF0173HW001

Committee of the Whole • LANDON

Adopted, Corrected

Plain English: Adopted, Corrected Committee of the Whole 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.

SF0173HS001

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.

SF0173SS001

Standing Committee • MEIER

Adopted

Plain English: Adopted Standing Committee by MEIER

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

2005-03-02 LSO
Assigned Chapter Number - 177
2005-03-02 Governor
Governor Signed SEA0087
2005-02-28 Senate
S President Signed SEA No. 0087
2005-02-28 LSO
Assigned Number SEA0087
2005-02-25 Senate
S Did Concur
2005-02-25 House
H Passed 3rd Reading
2005-02-25 House
Amendment Adopted
2005-02-24 House
H Passed 2nd Reading
2005-02-23 House
H Passed CoW
2005-02-23 House
Amendment Adopted
2005-02-23 House
Amendment Adopted
2005-02-23 House
H Amendments Adopted
2005-02-22 House
H Placed on General File
2005-02-22 House
H01 Recommended Amend and Do Pass
2005-02-10 House
H Introduced and Referred to H01
2005-02-10 House
H Received for Introduction
2005-02-09 Senate
S Passed 3rd Reading
2005-02-08 Senate
S Passed 2nd Reading
2005-02-07 Senate
S Passed CoW
2005-02-07 Senate
Amendment Adopted
2005-02-07 Senate
S Amendments Adopted
2005-02-01 Senate
S Placed on General File
2005-02-01 Senate
S07 Recommended Amend and Do Pass
2005-01-26 Senate
S Introduced and Referred to S07
2005-01-26 Senate
S Received for Introduction
2005-01-26 LSO
Bill Number Assigned

Official Summary Text

2005 General Session Summary for SF0173

Bill
No.:
SF0173
Drafter:

JHR

LSO
No.:
05LSO-0686
Effective Date:

7/1/2005

Enrolled
Act No.:
SEA0087

Chapter
No.:
177

Prime
Sponsor:
Senator Meier

Catch
Title:
Assault upon corrections or detention officer.

Subject:
Creates a
crime of assault and battery on a corrections or detention officer, as
specified.

Summary/Major
Elements:

This bill:

Creates a crime of assault and battery on a corrections
or detention officer or a staff member;

Specifies that a person is guilty of a misdemeanor
offense of assault or battery on a corrections or detention officer or staff
member if the person recklessly propels a dangerous substance at the officer or
member, or tampers with or alters any item by contaminating the item with a
dangerous substance, if the item is to be handled by the officer or member
during the course of his official duties;

Specifies that a person is guilty of a felony offense if
he intentionally or knowingly performs the acts specified under the misdemeanor
offense;

Provides a misdemeanor penalty of not more than $750.00,
imprisonment of not more than 6 months, or both;

Provides a felony penalty of not more than $5,000.00,
imprisonment of not more than 5 years, or both;

Provides an enhancement of not more than 10 years for
the felony offense if the person has a contagious life threatening disease and
commits the offense with the intent to infect an officer or member with the
intent of infecting the officer or member with the disease;

Defines "dangerous substance" to include
blood, urine, saliva, vomitus, semen and feces;

Defines "corrections officer", "detention
officer" and "staff member" to include volunteers and persons
employed by the Department of Corrections or a county or municipal jail who
work with, or in the vicinity of, inmates.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0173

ENROLLED ACT NO. 87, SENATE

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

AN ACT relating to crimes and offenses; creating the crime of assault and battery on a corrections or detention officer; providing penalties; providing definitions; and providing for an effective date.

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

Section 1.
W.S. 6
‑
2
‑
508 is created to read:

6
‑
2
‑
508.

Assault and battery on corrections or detention officer; penalties; definitions.

(a)

A person is guilty of assault and battery on a corrections or detention officer if he recklessly:

(i)

P
ropels any dangerous substance at the corrections officer, detention officer or staff member while the corrections officer, detention officer or staff member is acting in the course of his official duty, or as a result of the corrections officer's, detention officer's or staff member's official duties; or

(ii)

Tampers with or alters any item by contaminating the item with any dangerous substance, if the item may be handled or consumed by the corrections officer, detention officer or staff member while the corrections officer, detention officer or staff member is acting in the course of his official duty, or as a result of the corrections officer's, detention officer's or staff member's official duties.

(b)

A person is guilty of aggravated assault and battery on a corrections or detention officer if he
intentionally or knowingly:

(i)

P
ropels any dangerous substance at the corrections officer, detention officer or staff member while the corrections officer, detention officer or staff member is acting in the course of his official duty, or as a result of the corrections officer's, detention officer's or staff member's official duties; or

(ii)

Tampers with or alters any item by contaminating the item with any dangerous substance, if the item may be handled or consumed by the corrections officer, detention officer or staff member while the corrections officer, detention officer or staff member is acting in the course of his official duty, or as a result of the corrections officer's, detention officer's or staff member's official duties.

(c)

A violation of subsection (a) of this section is a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.

(d)

A violation of subsection (b) of this section is a felony punishable by a fine of not more than five thousand dollars ($5,000.000), imprisonment for not more than five (5) years, or both.

(e)

A violation of subsection (b) of this section, by a person who knows he has a contagious life threatening disease and who commits the violation with the intent to infect a corrections officer, detention officer or staff member with the contagious life threatening disease, shall result in the enhancement of the sentence entered under subsection (d) of this section by a period of imprisonment for not more than ten (10) years.

(f)

As used in this section:

(i)

"Dangerous substance" includes, but is not limited to, blood, urine, saliva, vomitus, semen and feces;

(ii)

"Corrections officer" means a person who is employed by the department of corrections and works at a department of corrections facility to care for, supervise and control persons in the custody of the department of corrections;

(iii)

"Detention officer" means a person who is employed by a county or municipality to care for, supervise and control persons detained in a jail or holding facility and includes a peace officer in the detention setting;

(iv)

"Staff member" means:

(A)

A department of corrections
staff member, or a person employed pursuant to a contract with the
department of corrections
, who works with, or in the vicinity of, inmates; and

(B)

A volunteer authorized by the department of corrections or other entity in charge of a corrections facility to work with, or in the vicinity of, inmates.

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

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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