HB0132 • 2010

Homicide during pregnancy-2.

AN ACT relating to homicide; establishing a sentencing enhancement in homicide cases in which a pregnant woman is killed as specified; and providing for an effective date.

Crime

Enacted

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

Sponsor: Representative Davison
Last action: 2010-03-08
Official status: enrolled
Effective date: 7/1/2010

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.

HB0132HS001

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

2010-03-08 LSO
Assigned Chapter Number - 54
2010-03-05 Governor
Governor Signed HEA0045
2010-03-03 Senate
S President Signed HEA No. 0045
2010-03-03 House
H Speaker Signed HEA No. 0045
2010-03-03 Senate
S Passed 3rd Reading
2010-03-03 LSO
Assigned Number HEA0045
2010-03-02 Senate
S Passed 2nd Reading
2010-03-01 Senate
S Passed CoW
2010-02-26 Senate
S Placed on General File
2010-02-26 Senate
S10 Recommended Do Pass
2010-02-24 Senate
S Rereferred to S10
2010-02-24 Senate
S Placed on General File
2010-02-23 Senate
S Introduced and Referred to S01
2010-02-23 Senate
S Received for Introduction
2010-02-22 House
H Passed 3rd Reading
2010-02-22 House
H Advanced to 3rd Reading on Same Day
2010-02-22 House
H Passed 2nd Reading
2010-02-19 House
H Passed CoW
2010-02-19 House
H Amendments Adopted
2010-02-19 House
Amendment Adopted
2010-02-18 House
H Placed on General File
2010-02-18 House
H01 Recommended Amend and Do Pass
2010-02-11 House
H Introduced and Referred to H01
2010-02-10 House
H Received for Introduction
2010-02-10 LSO
Bill Number Assigned

Official Summary Text

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

Bill No.:
HB0132
Drafter:

LGC

LSO No.:
10LSO-0351
Effective Date:

7/1/2010

Enrolled Act No.:
HEA0045

Chapter No.:
54

Prime Sponsor:
Representative
Davison

Catch Title:
Homicide
during pregnancy-2.

Subject:
Sentence enhancement for homicide of a pregnant
woman.

Summary/Major Elements:

The act provides a sentence
enhancement for the homicide of a pregnant woman if the defendant knew that the
victim was pregnant at the time of the commission of the offense.

The sentence enhancement for
a conviction of murder in the second degree is a term of not less than forty
years or during life as opposed to a term of not less than twenty years or
during life without the sentence enhancement.

The sentence enhancement for
a conviction of manslaughter or drug induced homicide is a term of not less
than ten years nor more than thirty years as opposed to not more than twenty
years without the sentence enhancement.

Comments:

Popular
name: Kelly's Law.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0132

ENROLLED ACT NO. 45, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to
homicide; establishing a sentencing enhancement in homicide cases in which a pregnant woman is killed as specified;
and providing for an effective date.

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

Section 1.

W.S. 6
‑
2
‑
109 is created to read:

6
‑
2
‑
109.

Sentencing enhancement for the homicide of a pregnant woman causing the involuntary termination of the pregnancy.

(a)

Upon sentencing of a defendant who is convicted of an offense pursuant to W.S. 6
‑
2
‑
104, 6
‑
2
‑
105 or 6
‑
2
‑
108, if the jury
has found
that the victim was pregnant at the time o
f the commission of the offense and that
the defendant knew that the victim was pregnant at the time of the commission of the offense, the court shall impose a sentence as follows:

(i)

For a conviction
of W.S. 6
‑
2
‑
104, imprisonment in the penitentiary for any term not less than forty

(40) years, or during life; or

(ii)

For a conviction
of
W.S. 6
‑
2
‑
105 or 6
‑
2
‑
108, imprisonment in the penitentiary for any term not less than ten (10) years and not more than thirty (30) years.

Section 2.
W.S. 6
‑
2
‑
104, 6
‑
2
‑
105(b) and 6
‑
2
‑
108(b) are amended to read:

6
‑
2
‑
104.

Murder in the second degree; penalty.

Except as provided in W.S. 6
‑
2
‑
109, w
hoever purposely and maliciously, but without premeditation, kills any human being is guilty of murder in the second degree, and shall be imprisoned in the penitentiary for any term not less than twenty (20) years, or during life.

6
‑
2
‑
105.

Manslaughter; penalty.

(b)

Except as provided in W.S. 6
‑
2
‑
109, m
anslaughter is a felony punishable by imprisonment in the penitentiary for not more than twenty (20) years.

6
‑
2
‑
108.

Drug induced homicide; penalty.

(b)

Except as provided in W.S. 6
‑
2
‑
109, d
rug induced homicide is a felony punishable by imprisonment in the penitentiary for not more than twenty (20) years.

S
ection 3
.

This act is effective July 1, 2010.

(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

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