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HB0106 • 2009

Firearm ownership-domestic violence offenses.

AN ACT relating to criminal procedure; amending the purposes for which an expungement under W.S. 7131501 may be used; and providing for an effective date.

Crime Firearms
Enacted

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

Sponsor
Representative Lubnau
Last action
2009-02-27
Official status
enrolled
Effective date
2/26/2009

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.

HB0106HS001

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.

Bill History

  1. 2009-02-27 LSO

    Assigned Chapter Number - 67

  2. 2009-02-26 Governor

    Governor Signed HEA No. 0028

  3. 2009-02-23 Senate

    S President Signed HEA No. 0028

  4. 2009-02-23 House

    H Speaker Signed HEA No. 0028

  5. 2009-02-20 LSO

    Assigned Number HEA No. 0028

  6. 2009-02-20 Senate

    S Passed 3rd Reading

  7. 2009-02-19 Senate

    S Passed 2nd Reading

  8. 2009-02-18 Senate

    S Passed CoW

  9. 2009-02-06 Senate

    S Placed on General File

  10. 2009-02-06 Senate

    S01 Recommended Do Pass

  11. 2009-01-29 Senate

    S Introduced and Referred to S01

  12. 2009-01-29 Senate

    S Received for Introduction

  13. 2009-01-27 House

    H Passed 3rd Reading

  14. 2009-01-26 House

    H Passed 2nd Reading

  15. 2009-01-23 House

    H Passed CoW

  16. 2009-01-23 House

    H Amendments Adopted

  17. 2009-01-23 House

    Amendment Adopted

  18. 2009-01-21 House

    H Placed on General File

  19. 2009-01-21 House

    H01 Recommended Amend and Do Pass

  20. 2009-01-14 House

    H Introduced and Referred to H01

  21. 2009-01-13 House

    H Received for Introduction

  22. 2009-01-06 LSO

    Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0106
Drafter:

JHR

LSO No.:
09LSO-0149
Effective Date:

2/26/2009

Enrolled Act No.:
HEA0028

Chapter No.:
67

Prime Sponsor:
Representative
Lubnau

Catch Title:
Firearm
ownership-domestic violence offenses.

Subject:
Amends the purpose for which an expungement of misdemeanor
criminal records under W.S. 7-13-1501 may be used.

Summary/Major Elements:

Under current law, an
expungement of a misdemeanor criminal record under W.S. 7-13-1501 shall only be
used for the purpose of restoring firearm rights that have been lost as a
result of the conviction.

This bill:

Provides that a person who
had pleaded guilty or nolo contendere or been convicted of specified
misdemeanor offenses (i.e., simple assault or battery, reckless endangering or
breach of peace) may petition for an expungement of the criminal record, if 5
years (currently 1 year) has passed since the expiration of the sentence
imposed for the offense and the petitioner has not previously been convicted of
another of the specified offenses;

Eliminates language that
specifies the purpose of an expungement under this statute shall only be used
for the purpose of restoring firearm rights lost as a result of such
conviction.

Comments:

The intent of the bill was to address a finding in
State of Wyoming v.
United States, ATF
, 539 F.3d 1236 (2008), wherein the court found that W.S.
7-13-1501 was deficient for purposes of restoring firearm rights because such
expungement did not meet the federal definition in 18 U.S.C. 921(a)(33)(B)(ii).

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0106

ENROLLED ACT NO. 28, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
criminal procedure; amending the purposes

for which an expungement under W.S. 7
‑
13
‑
1501 may be used;
and providing for an effective date.

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

Section 1.

W.S. 7
‑
13
‑
1501
(a)(intro), (i), (ii) and
(k) is amended to read:

7
‑
13
‑
1501.

Petition for expungement of records of conviction of misdemeanors; filing fee; notice; objections; hearing; definitions.

(a)

A person who has pleaded guilty or nolo contendere to or been convicted of a misdemeanor
under W.S. 6
‑
2
‑
501(a), (b) or (e), 6
‑
2
‑
504(a) or 6
‑
6
‑
102,
or
those same
misdemeanors arising out of the same occurrence or related course of events
,
may petition the convicting court for an expungement of the records of conviction
,

for the purposes of restoring any firearm rights lost,

subject to the following limitations:

(i)

At least
one (1) year

has

five (5) years have
passed since the expiration of the terms of sentence imposed by the court, including any periods of probation or the completion of any program ordered by the court;

(ii)

Other than convictions
arising out of the same occurrence or related course of events

for which an expungement is sought under this section
, the petitioner has not previously pleaded guilty or nolo contendere to or been convicted of a misdemeanor
for which firearm rights have been lost

under W.S. 6
‑
2
‑
501(a), (b) or (e), 6
‑
2
‑
504(a) or 6
‑
6
‑
102
;

(k)

An expungement granted pursuant to this section shall only be used for the purposes of restoring firearm rights that have been lost to persons convicted of misdemeanors. Nothing in this section shall be construed to affect the enhancement of penalties for second or subsequent convictions of misdemeanors under the laws of this state.
Nothing in this section shall be construed to allow a person who has previously received an expungement of records of conviction under this section to seek a second or subsequent expungement of records of conviction under 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)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1