Death penalty repeal.

2016
STATE OF WYOMING
16LSO-0309
Introduced
1.2

HOUSE BILL

NO.

HB0115

Death penalty repeal.

Sponsored by:
Representative(s) Connolly, Halverson, Pelkey, Petroff and Wilson and Senator(s) Craft and Rothfuss

A BILL

for

AN ACT relating to crimes and offenses and criminal procedure; repealing the death penalty; repealing procedures related to the imposition and execution of death sentences; conforming provisions; providing applicability; and providing for an effective date.

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

Section 1
.

W.S. 6
‑
1
‑
304, 6
‑
2
‑
101(b) and (c), 6
‑
10
‑
101, 7
‑
6
‑
104(c)(ii), 7
‑
10
‑
101(a), 7
‑
11
‑
103(a), 7
‑
11
‑
202, 7
‑
11
‑
206(a),
7
‑
12
‑
303(c)(
i
)(A) and (B), 7
‑
12
‑
305(d)(
i
),
7
‑
13
‑
107(a)(intro), 7
‑
13
‑
302(a)(intro), 7
‑
13
‑
424(a)(intro), 7
‑
13
‑
1003(b)(
i
), 7
‑
16
‑
205(a)(
i
)
,

7
‑
18
‑
102(a)(iii)(B), (C), (v)(B) and (C)
, 14
‑
6
‑
246(a)(iv) and (v) and 31
‑
7
‑
102(a)(xx)
are amended to read:

6
‑
1
‑
304
.

Grading.

The penalty for attempt, solicitation or conspiracy is the same as the penalty for the most serious crime which is attempted, solicited or is an object of the conspiracy
.

except
that an attempt, solicitation or conspiracy to commit a capital crime is not punishable by the death penalty if the capital crime is not committed.

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 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.

(c)

For a
person convicted of murder in the first degree
,

in a case in which the state seeks the death penalty shall be sentenced in accordance with the provisions of W.S. 6
‑
2
‑
102. In all other cases, including any case in which the state has determined not to seek the death penalty at any stage of the proceeding,
the judge shall determine the sentence of life imprisonment without parole or life imprisonment taking into consideration any negotiated plea agreement and any evidence relevant to a determination of sentence which the court deems to have probative value.

6
‑
10
‑
101
.

"Felony" and "misdemeanor" defined.

Crimes which may be punished
by death or
by imprisonment for more than one (1) year are felonies. All other crimes are misdemeanors.

7
‑
6
‑
104
.

Representation of needy persons.

(c)

A needy person who is entitled to be represented by an attorney under subsection (a) of this section is entitled:

(ii)

To be represented in any appeal to a Wyoming court, and in cases
in which the death penalty has been imposed or in such other cases as
the state public defender deems appropriate, in a writ of certiorari to the United States supreme court, and in proceedings under W.S. 7
‑
14
‑
101 through 7
‑
14
‑
108;

7
‑
10
‑
101
.

Right of defendant.

(a)

A person arrested for an offense
not punishable by death
may be admitted to bail.

7
‑
11
‑
103
.

Peremptory challenges.

(a)

The defendant may challenge peremptorily
, in capital cases, twelve (12) jurors,
in
other felonies
felony cases

eight (8) jurors
,
and in
misdemeanors
misdemeanor cases

four (4) jurors. The prosecution may challenge
peremptorily
, in capital cases, twelve (12) jurors,
in
other felonies
felony cases

eight (8) jurors
,
and in
misdemeanors
misdemeanor cases

four (4) jurors. The number of peremptory challenges allowed to the prosecution shall be multiplied by the number of defendants on trial in each case. Each defendant shall be allowed separate peremptory challenges.

7
‑
11
‑
202
.

Presence of defendant.

Except as otherwise provided by this section, the defendant shall be present at the arraignment, at every stage of the trial, including the impaneling of the jury, and the return of the verdict and at the imposition of sentence.

In prosecution for offenses not punishable by death,
T
he
defendant's voluntary absence after the trial has been commenced in his presence shall not prevent continuing the trial to and including the return of the verdict. A corporation may appear by counsel for all purposes. In prosecutions of all misdemeanor cases, the court, with the written consent of the defendant, may permit arraignment, plea, and imposition of sentence in a defendant's absence.
The defendant's presence is not required at a reduction of sentence hearing.

7
‑
11
‑
206
.

Separation of jury.

(a)

In the trial of any criminal case to a jury, the court may
, except for capital cases
allow the jurors to separate during the trial and after the case is submitted to them.

7
‑
12
‑
303
.

New trial; motion for post
‑
conviction testing of DNA; motion contents; sufficiency of allegations, consent to DNA sample; definitions.

(c)

A person convicted of a felony offense may, preliminary to the filing of a motion for a new trial, file a motion for post
‑
conviction DNA testing in the district court that entered the judgment of conviction against him if the movant asserts under oath and the motion includes a good faith, particularized factual basis containing the following information:

(
i
)

Why DNA evidence is material to:

(A)

The identity of the perpetrator of, or accomplice to, the crime;
or

(B)

A sentence
enhancement
.
;
or

7
‑
12
‑
305
.

Review by the court; hearing on motion, findings; order.

(d)

The movant shall be required to present a prima facie case showing that the evidence supports findings consistent with the facts asserted under W.S. 7
‑
12
‑
303(c) and DNA testing of the specified evidence would, assuming exculpatory results, establish:

(
i
)

The actual innocence of the movant of the offense for which the movant was
convicted
.
;
or

7
‑
13
‑
107
.

Split sentence of incarceration in county jail followed by probation; civil liability of county officers and employees.

(a)

Following a defendant's conviction of, or his plea of guilty to any felony, other than a felony punishable by
death or
life imprisonment, the court may impose any sentence of imprisonment authorized by law and except as provided in subsection (g) of this section, may in addition provide:

7
‑
13
‑
302
.

Placing person convicted on probation; suspension of imposition or execution of sentence; imposition of fine.

(a)

After conviction or plea of guilty for any offense, except crimes punishable by
death or
life imprisonment, and following entry of the judgment of conviction, the court may:

7
‑
13
‑
424
.

Medical parole; conditions.

(a)

Notwithstanding any other provision of law restricting the grant of parole, except for inmates sentenced to
death or
life imprisonment without parole, the
board may grant a medical parole to any inmate meeting the conditions specified in this section. The board shall consider a medical parole upon receipt of written certification by a licensed treating physician that, within a reasonable degree of certainty, one (1) of the following circumstances
exist
:

7
‑
13
‑
1003
.

Establishment of program; eligibility; rulemaking authority.

(b)

In addition to any other eligibility requirements adopted by the department, an inmate is eligible for placement in the youthful offender program only if he:

(
i
)

Is serving a sentence of imprisonment at a state penal institution for any offense other than a felony punishable by
death or
life imprisonment;

7
‑
16
‑
205
.

Disposition of earnings; confidentiality of amount.

(a)

Payment for services performed by any prisoner under W.S. 7
‑
16
‑
202 shall be deposited in the trust and agency account at the institution and shall be disbursed for the purposes provided in this subsection and in the order specified:

(
i
)

Unless the prisoner is serving a sentence of
death or
life without the possibility of parole or is subject to mandatory savings under W.S. 25
‑
13
‑
107(
b)(
i
), ten percent (10%) shall be credited to the prisoner's personal savings account within the correctional facility's trust and agency account, until the prisoner's account has a balance of one thousand dollars ($1,000.00). Once the prisoner's personal savings account balance reaches one thousand dollars ($1,000.00), the income otherwise distributed to the prisoner's savings account under this paragraph shall be distributed to the prisoner as provided by paragraphs (ii) through (
vi
) of this subsection. Funds in the prisoner's personal savings account shall be paid to the prisoner upon parole or final discharge;

7
‑
18
‑
102
.

Definitions.

(a)

As used in this act:

(iii)

"Inmate" means an adult serving a felony sentence in any state penal institution or any correctional facility operated pursuant to a contract under W.S. 7
‑
22
‑
102, excluding any inmate who:

(B)

Has been convicted of first degree murder;
or

(C)

Is serving a term of life
imprisonment
.
;
or

(v)

"Offender" means an adult who has entered a plea of guilty or has been convicted of a misdemeanor punishable by imprisonment or a felony, excluding any person who:

(B)

Has been convicted of, or pled guilty to, first degree murder;
or

(C)

Has been convicted of, or pled guilty to, a crime punishable by life
imprisonment
.
;
or

14
‑
6
‑
246
.

Sanction levels.

(a)

Subject to subsection (c) of this section, when a child is adjudicated as a delinquent the juvenile court may, in a disposition hearing, assign the child one (1) of the following sanction levels according to the child's conduct:

(iv)

For a violent felony as defined by W.S. 6
‑
1
‑
104(
a)(xii), other than a felony punishable by life
,

or
life without parole
,

or deat
h,
the sanction level is four;

(v)

For a felony punishable under the Wyoming Criminal Code by life
,

or
life without parole
,

or death,
the sanction level is five.

31
‑
7
‑
102
.

Definitions.

(a)

As used in this act:

(xx)

"Felony" means any offense under state or federal law that is punishable by
death or
imprisonment for a term exceeding one (1) year.

Section 2
.

W.S. 6
‑
2
‑
102, 6
‑
2
‑
103, 6
‑
5
‑
203(c)(iii), 6
‑
10
‑
202(a)(
i
), 7
‑
10
‑
101(b), 7
‑
11
‑
105(a)(iii), 7
‑
11
‑
206(b), 7
‑
12
‑
303(c)(
i
)(C), 7
‑
12
‑
305(d)(ii), 7
‑
13
‑
807, 7
‑
13
‑
901 through 7
‑
13
‑
91
6
and 7
‑
18
‑
102(a)(iii)(D) and (v)(D) are repealed.

Section

3
.

This act does not apply to crimes committed prior to the effective date of this act. Prosecutions for a crime shall be governed by the law in effect on the date when the crime occurred. A crime was committed prior to the effective date of this act if any of the elements of the crime occurred prior to the effective date of this act
.

Section 4
.

This act is effective July 1, 201
6
.

(END)

1
HB0115