Battery against a family member.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0215

HOUSE BILL
NO.
HB0021

Battery

against a family member
.

Sponsored by:
Representative(s) Barbuto, Buchanan and Throne and Senator(s) Hastert

A BILL

for

AN ACT relating to
crimes and offenses;
removing time restrictions relating to
second and subsequent convictions for simple
battery
against a family member as specified;

amending penalties for subsequent convictions;
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) and (ii)
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) 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) 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)

ten (10)
years, a fine of not more than
two thousand dollars ($2,000.00)

ten thousand dollars ($10,000.00)
, or both.

Section 2.

This act is effective July 1, 2011.

(END)

1
HB0021