Status offenders.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0482

SENATE FILE
NO.
SF0147

Status offenders.

Sponsored by:
Senator(s) Sessions, Fecht and Von Flatern and Representative(s) Landon, Martin and White

A BILL

for

AN ACT relating to juveniles; amending the definition of status offender as specified; amending the offense of minor in possession of alcohol; amending penalties;
amending authority of courts as specified;
requiring compliance with procedures contained in the Juvenile Justice Act as specified; conforming amendments; providing an appropriation; and providing for an effective date.

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

Section 1.
W.S. 5
‑
6
‑
112(b)(iii),
5
‑
6
‑
201(a), 5
‑
6
‑
301(a),
7
‑
1
‑
107(b)
(intro) and
(iii), 12
‑
6
‑
101(b)(intro), (c)
and
by creating new subsections (f) and (g), 14
‑
6
‑
201(a)(xxiii) and 14
‑
6
‑
402(a)(xx) are amended to read:

5
‑
6
‑
112.

Detention of juvenile offenders.

(b)

As used in W.S. 5
‑
6
‑
112 and 5
‑
6
‑
113:

(iii)

"Status offense" means an offense which, if committed by an adult, would not constitute an act punishable as a criminal offense by the laws of this state or a violation of a municipal ordinance
.
, but does not include a

"Status offense" includes any

violation of W.S. 12
‑
6
‑
101(b) or (c) or any similar municipal ordinance
by a person under eighteen
(18)
years of age
.

5
‑
6
‑
201.

Jurisdiction of municipal judge; change of venue prohibited; exception for certain civil penalties.

(a)

Except as provided by
W.S. 12
‑
6
‑
101(f) and
subsection (b) of this section, a municipal judge has exclusive jurisdiction over all violations of ordinances of the city. The municipal judge shall hear and determine violations of ordinances and may impose fines not exceeding seven hundred fifty dollars ($750.00), or imprisonment not exceeding six (6) months, or both, to which may be added costs. No change of venue shall be granted in any case arising under the ordinances of the city.

5
‑
6
‑
301.

Punishment of persons convicted before judge; maximum penalty permitted; power to punish for contempt.

(a)

A person convicted before a municipal judge shall be fined and imprisoned as provided by ordinance. Except as provided by W.S.
12
‑
6
‑
101(f) or
15
‑
1
‑
103(a)(xli) or subsection (c) of this section, no fine shall exceed seven hundred fifty dollars ($750.00), and no imprisonment shall exceed six (6) months.

7
‑
1
‑
107.

Detention of juvenile offenders.

(b)

As used in
W.S. 7
‑
1
‑
107
this section

and

W.S.
7
‑
1
‑
108:

(iii)

"Status offense" means an offense which, if committed by an adult, would not constitute an act punishable as a criminal offense by the laws of this state or a violation of a municipal ordinance
.
, but does not include a

"Status offense" includes any

violation of W.S. 12
‑
6
‑
101(b) or (c) or any similar municipal ordinance
by a person under eighteen
(18)
years of age
.

12
‑
6
‑
101.

Sale
or possession prohibited; when possession unlawful; public drunkenness; falsification of identification; penalty; prima facie identification as defense.

(b)

It shall be unlawful for a
ny person under the age of twenty-one (21) years
who has
to have
any alcoholic or malt beverage in his possession or
who is
to be
drunk or under the influence of alcoholic liquor, malt beverages or a controlled substance on any street or highway or in any public place
.

is guilty of a misdemeanor.

This subsection does not apply to possession of alcoholic or malt beverages by a person under the age of twenty-one (21) years:

(c)

It shall be unlawful for a
ny person under the age of twenty-one (21) years
who attempts
to attempt
in any manner to purchase alcoholic or malt beverages or
who falsifies
to falsify
any identification or
uses
use
any false identification in order to obtain alcoholic or malt beverages
.

is guilty of a misdemeanor.

(f)

Any person who violates subsection (b) or (c) of this section shall upon conviction be subject to a fine of not more than two thousand dollars ($2,000.00) for each violation. The court may suspend part or all of the fine imposed under this subsection:

(i)

For any person who is eighteen (18), nineteen (19) or twenty (20) years of age, if the person is ordered to undergo a substance abuse assessment under W.S. 31
‑
5
‑
233(e) and if the person pursues and completes an alcohol education or treatment program as prescribed by the court;

(ii)

For any person under eighteen (18) years of age, if the minor complies with all conditions imposed by the court. The court, including a municipal or circuit court, shall conduct proceedings under this paragraph in compliance with the procedures specified in W.S. 14
‑
6
‑
235(a) and (b), 14
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6
‑
239 and 14
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6
‑
243, and may:

(A)

Require the minor to participate in a teen court program pursuant to W.S. 7
‑
13
‑
1205;

(B)

Require the minor, within the limits of applicable laws and regulations governing child labor, to perform a designated number of hours of community service, to participate in a work program or to perform labor or services under the supervision of a responsible adult designated by the court. Any order shall enable the minor to meet the obligations imposed pursuant to this
subsection
or for the purpose of discipline and rehabilitation when deemed necessary or desirable by the court;

(C)

Order the minor to be examined or treated by a physician, surgeon, psychiatrist or psychologist or to obtain other specialized treatment, care, counseling or training, and place the minor in a hospital or medical facility, youth camp, school or other suitable facility for treatment;

(D)

Impose any demands, requirements, limitations, restrictions or restraints on the minor, and do all things with regard to the minor that his parents might reasonably and lawfully do under similar circumstances;

(E)

Order the minor, his parents, or the guardian, to undergo evaluation and indicated treatment or another program designed to address problems which contributed to the adjudication. A parent or guardian who willfully violates or neglects or refuses to comply with any order of the court may be found in contempt and punished as provided by W.S. 14
‑
6
‑
242;

(F)

After notice to appear, order the minor's custodial and noncustodial parent or guardian to participate in the minor's treatment or plan of supervision or probation, or otherwise order the performance of any acts which are reasonably necessary to aid the minor in completion of court ordered obligations;

(G)

Subject to an affirmative defense as provided in W.S. 14
‑
6
‑
247(b), impose any one (1) or more of the following requirements upon the minor's parents or guardian if the court, after hearing, finds that the minor's act was proximately caused by the failure or neglect of the parent or guardian to subject the minor to reasonable parental control and authority:

(I)

Require the minor's parents or guardian to perform community service with the minor;

(II)

Require the minor's parents or guardian to attend parenting classes or other appropriate education or treatment program at their own expense.

(H)

Place the minor on probation for not less than three (3)

months nor more than six (6) months;

(J)

Require the minor's parents or guardians to identify restrictions the parents or guardians shall impose on the minor's activities and requirements the parents or guardians shall set for the minor's behavior; and

(K)

Refer the minor to a community-based youth intervention program designated by the court.

(g)

The court may reinstate all or part of a fine imposed under subsection (f) of this section if the person whose fine was suspended fails to comply with any order of the court.

14
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6
‑
201.

Definitions; short title; statement of purpose and interpretation.

(a)

As used in this act:

(xxiii)

"Status offense" means an offense which, if committed by an adult, would not constitute an act punishable as a criminal offense by the laws of this state or a violation of a municipal ordinance
.
, but does not include a

"Status offense" includes any
violation of W.S. 12
‑
6
‑
101(b) or (c) or any similar municipal ordinance
by a person under eighteen
(18)
years of age
;

14
‑
6
‑
402.

Definitions.

(a)

As used in this act:

(xx)

"Status offense" means an offense which, if committed by an adult, would not constitute an act punishable as a criminal offense by the laws of this state or a violation of a municipal ordinance
.
, but does not include a

"Status offense" includes any

violation of W.S. 12
‑
6
‑
101(b) or (c)
or any similar municipal ordinance by any person under eighteen (18) years of age
;

Section 2.
There is appropriated three hundred thousand dollars ($300,000.00) from the general fund to the
Wyoming
supreme court for the fiscal year beginning July 1, 2007 and ending June 30, 2008 to implement the purposes of this act. The
Wyoming
supreme court shall distribute the funds under this section upon application from
counties
and municipalities to pay for services provided to minors under this act.

Section 3.
This act is effective July 1, 2007.

(END)

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SF0147