Simple assault.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0297

ENROLLED ACT NO. 75, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
crimes and offenses;
amend
ing
elements

of simple battery
to address the decision in
United States

v. Hays
,

526 F.3d 674, (10
th
Cir., 2008)
;

conforming provisions;
providing legislative intent;
and providing for an effective date.

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

Section 1.

W.S. 6
‑
2
‑
501(
b
)
, (f)(i) and (ii)
and by creating a new subsection (g)

and 7-20-102(a) are
amended to read:

6
‑
2
‑
501.

Simple assault; battery; penalties.

(b)

A person is guilty of battery if he
unlawfully touches another in a

rude, insolent
or angry
manner

or

intentionally, knowingly or recklessly
causes
bodily injury

to
another

by use of
physical force
.

(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)

through (g)
, 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 more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both. 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) 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)

through (g)
, 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) years, a fine of not more than two thousand dollars ($2,000.00), or both.

(g)

A person is guilty of
unlawful

contact
if he
:

(i)

T
ouches another person in a rude
,
insolent
or angry
manner without
intentionally using sufficient physical force to
caus
e

bodily injury to another
; or

(ii)

Recklessly causes bodily injury to another person.

(h)

An unlawful
contact
under
sub
section
(g) of this section
is a misdemeanor
punishable by
imprisonment for not more than six (6) months,
a fine of not more than seven hundred fifty dollars ($750.00)
or both
.

7
‑
20
‑
102.

Arrests without warrant.

(a)

In addition to arrests specified in W.S. 7
‑
2
‑
102, any peace officer who has probable cause to believe that a violation of W.S. 6
‑
2
‑
501(a), (b), (e)
or (f)

through (g)
,
6
‑
2
‑
502(a) or 6
‑
2
‑
504(a) or (b) has taken place within the preceding twenty-four (24) hours or is taking place and that the person who committed or is committing the violation is a household member as defined by W.S. 35
‑
21
‑
102(a)(iv), may arrest the violator without a warrant for that violation, regardless of whether the violation was committed in the presence of the peace officer.

Section 2.

The Wyoming legislature, cognizant of the decision of the United State Court of Appeals for the 10
th
Circuit in
United States

v. Hays
, 526 F.3d 674, (10
th
Cir., 2008),
creates the offense of unlawful
contact
in W.S. 6
‑
2
‑
501(g), to clarify the
elements of the
offense of simple battery
for purposes of federal law,
as
addressed in the court's
decision
.

Section
3
.

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