Prescription drug fraud-felony.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0164

ENROLLED ACT NO. 57, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
controlled substances; amending the Wyoming Controlled Substances Act of 1971 to
provide a penalty for the alteration
or forgery
of a prescription or written order
;
and providing for an effective date.

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

Section 1.

W.S. 35
‑
7
‑
1033
(a)(iii)(intro), (B),
(b)
(intro)
and by creating
a
new subsection (d)
and 35
‑
7
‑
1037 are
amended to read:

35
‑
7
‑
1033.

Unlawful acts; distribution; registration; possession; records; counterfeiting; punishment.

(a)

It is unlawful for any person knowingly or intentionally:

(iii)

To acquire or obtain possession of, to procure or attempt to procure the administration of
,
or to obtain a prescription for
,
any controlled substance by misrepresentation, fraud, forgery, deception or subterfuge. The conduct prohibited by this paragraph includes but is not limited to:

(B)

Alteration

or forgery
of a prescription or written order for a controlled substance; and

(b)

Except for a violation of sub
paragraph
(a)(iii)(B) of this section and
e
xcept as otherwise provided:

(d)

A person convicted upon a plea of guilty or no contest or found guilty of violating
sub
paragraph
(a)(iii)
(B)
of this section is guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both
.

35-7-1037.

Probation and discharge of first offenders.

Whenever any person who has not previously been convicted of any offense under this act or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under W.S. 35
‑
7
‑
1031(c)
or 35
‑
7
‑
1033(a)(iii)(B)
, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under W.S. 35
‑
7
‑
1038. There may be only one (1) discharge and dismissal under this section with respect to any person. This section shall not be construed to provide an exclusive procedure. Any other procedure provided by law relating to suspension of trial or probation, may be followed, in the discretion of the trial court.

Section 2.

This act is effective July 1, 2009.

(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