Juvenile parole eligibility.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0023

ENROLLED ACT NO. 16, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to crimes and offenses;
modifying provisions relating to life sentences for juvenile offenders generally;
eliminating life sentences without parole for juvenile offenders;
and providing for an effective date.

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

Section 1.

W.S. 6
‑
2
‑
101(b), 6
‑
2
‑
306(d)(intro) and (e), 6
‑
10
‑
201(b)(ii), 6
‑
10
‑
301(c) and 7
‑
13
‑
402(a) are amended to read:

6
‑
2
‑
101.

Murder in the first degree; penalty.

(b)

A person convicted of murder in the first degree shall be punished by death, life imprisonment without parole or life imprisonment according to law, except that
no person shall be subject to the penalty of death for any murder committed before the defendant attained the age of eighteen (18) years

a person convicted of murder in the first degree who was under the age of eighteen (18) years at the time of the offense shall be punished
by life imprisonment
.

6
‑
2
‑
306.

Penalties for sexual assault.

(d)

A
n actor who is convicted of sexual assault under W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, or sexual abuse of a minor under W.S. 6
‑
2
‑
316 through 6
‑
2
‑
317, shall be punished by life imprisonment without parole

if the actor has two (2) or more previous convictions for any of the following designated offenses, which convictions resulted from charges separately brought and which arose out of separate occurrences in this state or elsewhere

and which
convictions were for offenses committed after the actor reached the age of eighteen (18) years of age
:

(e)

A
n actor who is convicted of sexual abuse of a minor under W.S. 6
‑
2
‑
314 or 6
‑
2
‑
315 shall be punished by life imprisonment without parole if the actor has one (1) or more previous convictions for a violation of W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, 6
‑
2
‑
314 or 6
‑
2
‑
315, or a criminal statute containing the same or similar elements as the crimes defined by W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, 6
‑
2
‑
314 or 6
‑
2
‑
315, which convictions resulted from charges separately brought and which arose out of separate occurrences in this state or elsewhere

and which convictions were for offenses committed after the actor reached the age of eighteen (18) years of age
.

6
‑
10
‑
201.

"Habitual criminal" defined; penalties.

(b)

An habitual criminal shall be punished by imprisonment for:

(ii)

Life, if he has three (3) or more previous convictions
for offenses committed after the person reached the age of eighteen (18) years of age
.

6
‑
10
‑
301.

Life imprisonment without parole
; life imprisonment
.

(c)

Any sentence other than a
sentence
specifically designated as a sentence of life imprisonment without parole is
not
subject to commutation by the governor.
A sentence of life or life imprisonment which is not specifically designated as a sentence of life imprisonment without parole is subject to commutation by the governor.

A person sentenced to

life or

life imprisonment

for an offense committed after the person reached the age of
eighteen (18) years
is not eligible for parole unless the governor has commuted the person's sentence to a term of years.

A person sentenced to life imprisonment for an offense committed before the person reached the age of eighteen (18) years shall be eligible for parole after commutation of his sentence to a term of years or after having served twenty-five (25) years of
incarceration
, except that if the person committed any of the acts specified in W.S. 7
‑
13
‑
402(b) after having reached the age of eighteen (18) years the person shall not be eligible for parole.

7
‑
13
‑
402.

General powers and d
uties of board; eligibility for
parole; immunity.

(a)

The board may grant a parole to any person imprisoned in any institution under sentence, except a sentence of life imprisonment without parole or a life sentence, ordered by any district court of this state, provided the person has served the minimum term pronounced by the trial court less good time, if any, granted under rules promulgated pursuant to W.S. 7
‑
13
‑
420.
The board may also grant parole to a person serving a sentence for an offense committed before the person reached the age of eighteen (18) years of age as provided in W.S. 6
‑
10
‑
301(c).

Section 2.

Th
is act is effective July 1, 2013
.

(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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