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HB0043 • 2008

Penalties for domestic violence.

AN ACT relating to crimes and offenses; increasing penalties for domestic violence offenses as specified; and providing for an effective date.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Representative Berger
Last action
2008-03-06
Official status
active
Effective date
Not listed

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.

HB0043H3001

3rd reading • SIMPSON

Adopted

Plain English: Adopted 3rd reading by SIMPSON

  • 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.
HB0043H3002

3rd reading • BRECHTEL

Adopted, Corrected

Plain English: Adopted, Corrected 3rd reading by BRECHTEL

  • 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.
HB0043HS001

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.
HB0043SS001

Standing Committee • ROSS

Adopted

Plain English: Adopted Standing Committee by ROSS

  • 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. 2008-03-06 Senate

    S Appointed JCC01 Members

  2. 2008-03-06 House

    H Appointed JCC01 Members

  3. 2008-03-06 House

    H Did Not Concur

  4. 2008-03-05 House

    H Received for Concurrence

  5. 2008-03-05 Senate

    S Passed 3rd Reading

  6. 2008-03-04 Senate

    S Passed 2nd Reading

  7. 2008-03-03 Senate

    S Passed CoW

  8. 2008-03-03 Senate

    S Amendments Adopted

  9. 2008-03-03 Senate

    Amendment Adopted

  10. 2008-02-29 Senate

    S Placed on General File

  11. 2008-02-22 Senate

    S Introduced and Referred to S01

  12. 2008-02-22 Senate

    S Received for Introduction

  13. 2008-02-21 House

    H Passed 3rd Reading

  14. 2008-02-21 House

    Amendment Adopted

  15. 2008-02-21 House

    Amendment Adopted

  16. 2008-02-20 House

    H Passed 2nd Reading

  17. 2008-02-19 House

    H Passed CoW

  18. 2008-02-19 House

    Amendment Adopted

  19. 2008-02-19 House

    H Amendments Adopted

  20. 2008-02-15 House

    H Placed on General File

  21. 2008-02-15 House

    H01 Recommended Amend and Do Pass

  22. 2008-02-14 House

    H Introduced and Referred to H01

  23. 2008-02-11 House

    H Received for Introduction

  24. 2008-01-14 LSO

    Bill Number Assigned

Official Summary Text

2008 General Session Summary for HB0043

Bill No.:
HB0043
Drafter:

JHR

LSO No.:
08LSO-0035
Effective Date:

7/1/2008

Enrolled Act No.:
<enrnum>

Chapter No.:
<chptnum>

Prime Sponsor:
Representative
Berger

Catch Title:
Penalties
for domestic violence.

Subject:
Amends a
penalty for domestic abuse offenses and provides a calculation for time periods
for purposes of penalties.

Summary/Major Elements:

This bill:

Amends the potential term of
probation for a domestic violence offense from the current 2 years to 3 years;

Clarifies that the time periods
to be used for calculating enhanced penalties shall be based on the dates of
the offenses, not the dates of the convictions;

Adds language to aid in the
clarification of when the time period begins for purposes of enhanced
penalties.

Note:

Final action on this bill was
not taken at this time this summary was prepared. Should changes be made to
the bill upon final passage, an updated summary will be transmitted to all
legislators.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0035.E1

HOUSE BILL
NO.
HB0043

Penalties for domestic violence.

Sponsored by:
Representative(s) Berger, Bagby, Dockstader,
Edmonds
, Harvey, Millin, Wallis and Warren and Senator(s) Aullman, Fecht and Peterson

A BILL

for

AN ACT relating to crimes and offenses; increasing penalties for domestic violence offenses as specified;
providing for
calculation
of time periods for
purposes
of penalties;
and providing for an effective date.

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

Section 1.
W.S. 6
‑
2
‑
501(f)
(i), (ii) and by creating a new paragraph (iii)

is
amended to read:

6
‑
2
‑
501.

Simple assault; battery; penalties.

(f)

A household member as defined by W.S. 35
‑
21
‑
102 who commits a second or subsequent battery against any other household member shall be punished as follows:

(i)

A person convicted upon a plea of guilty or no contest or found guilty of a second offense under this subsection against any other household member, after having been convicted upon a plea of guilty or no contest or found guilty of a violation of W.S. 6
‑
2
‑
501(a), (b), (e) or (f), 6
‑
2
‑
502, 6
‑
2
‑
503, 6
‑
2
‑
504 or other substantially similar law of this or any other state, tribe or territory against any other household member within the previous five (5) years is guilty of a misdemeanor punishable by imprisonment for not

less than seven (7) days nor
more than one (1) year, a fine of not more than
one thousand dollars ($1,000.00)
, or both
, and shall not be eligible for probation except upon terms including mandatory anger management counseling, or suspension of sentence until he has served at least seven (7) days in jail
. Notwithstanding any other provision of law, the term of probation imposed by a court under this paragraph may exceed the maximum term of imprisonment established for this offense under this paragraph provided the term of probation, together with any extension thereof, shall in no case exceed
two (2)
three (3)
years;

(ii)

A person convicted upon a plea of guilty or no contest or found guilty of a third or subsequent offense under this subsection against any other household member, after having been convicted upon a plea of guilty or no contest or found guilty of a violation of W.S. 6
‑
2
‑
501(a), (b), (e) or (f), 6
‑
2
‑
502, 6
‑
2
‑
503, 6
‑
2
‑
504 or other substantially similar law of this or any other state, tribe or territory against any other household member within the previous ten (10) years is guilty of a felony punishable by imprisonment for not more than
five (5)
ten (10)
years, a fine of not more than
two thousand dollars ($2,000.00)
ten thousand dollars ($10,000.00)
, or both
;
.

(iii)

For the purposes of calculating penalties under this subsection, the time periods shall be based on the dates that the charged offenses occurred, not on the dates of the convictions for those offenses.

Section 2.
This act is effective July 1, 2008.

(END)

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HB0043