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SF0038 • 2015

Controlled substances-first offense for possession.

AN ACT relating to controlled substances; providing for deferred prosecution for the first offense of using or being under the influence of a controlled substance; and providing for an effective date.

Enacted

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

Sponsor
Senator Case
Last action
2015-02-25
Official status
enrolled
Effective date
7/1/2015

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2015-02-25 LSO

    Assigned Chapter Number

  2. 2015-02-25 Governor

    Governor Signed SEA No. 0007

  3. 2015-02-23 House

    H Speaker Signed SEA No. 0007

  4. 2015-02-23 Senate

    S President Signed SEA No. 0007

  5. 2015-02-20 LSO

    Assigned Number SEA No. 0007

  6. 2015-02-20 House

    H 3rd Reading:Passed 59-0-1-0-0

  7. 2015-02-19 House

    H 2nd Reading:Passed

  8. 2015-02-18 House

    H COW:Passed

  9. 2015-02-10 House

    H Placed on General File

  10. 2015-02-10 House

    Judiciary:Recommend Do Pass 9-0-0-0-0

  11. 2015-02-09 House

    H Introduced and Referred to H01 - Judiciary

  12. 2015-01-27 House

    H Received for Introduction

  13. 2015-01-27 Senate

    S 3rd Reading:Passed 30-0-0-0-0

  14. 2015-01-26 Senate

    S 2nd Reading:Passed

  15. 2015-01-23 Senate

    S COW:Passed

  16. 2015-01-23 Senate

    S Placed on General File

  17. 2015-01-23 Senate

    Judiciary:Recommend Do Pass 5-0-0-0-0

  18. 2015-01-14 Senate

    S Introduced and Referred to S01 - Judiciary

  19. 2015-01-13 Senate

    S Received for Introduction

  20. 2015-01-02 LSO

    Bill Number Assigned

Official Summary Text

Summary for LSO115
Bill No.:
SF0038
Effective
:
7/1/2015

LSO No.:
15LSO-0155

Enrolled Act No.:
SEA 7

Chapter No.:
37

Prime Sponsor:
Case

Catch Title:
Controlled substances-first offense for possession.

Subject:
First time offenders for possession of controlled substances.

Summary/Major Elements:

Under current law, first time offenders pleading guilty to or found guilty of possession of a controlled substance under specified statutes may be placed on probation and, upon fulfilling the terms and conditions of the probation, have further proceedings dismissed.

This bill provides that first time offenders pleading guilty to or found guilty of using or being under the influence of a controlled substance may also be placed on probation and, upon fulfilling the terms and conditions of the probation, have further proceedings dismissed.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text 
ORIGINAL
Senate
File No
.
SF0038

ENROLLED ACT NO.

7
,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

AN ACT relating to controlled substances; providing for deferred prosecution for the first offense of using or being under the influence of a controlled substance; and providing for an effective date.

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

Section 1
.

W.S. 35
‑
7
‑
1037 is amended to read:

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
‑
1
031(c) or 35
‑
7
‑
1033(a)(iii)(B),
or
pleads guilty to or
is found guilty of using or being under the influence of a controlled substance under W.S. 35
‑
7
‑
1039,

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,
2015
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1