Preliminary hearings-circuit court.

2016
STATE OF WYOMING
16LSO-0299
Introduced
1.2

SENATE FILE

NO.

SF0066

Preliminary hearings-circuit court.

Sponsored by:
Senator(s) Case and Representative(s) Greear and Pelkey

A BILL

for

AN ACT relating to criminal procedure; providing a right to preliminary hearing in circuit courts as specified; and providing for an effective date.

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

Section 1
.

W.S.
5
‑
9
‑
132(
b)
, 5
‑
9
‑
208(
c)(xvii)
and 7
‑
8
‑
105 are
amended to read:

5
‑
9
‑
132
.

Authority to set bail; preliminary examinations
.

(b)

Preliminary examinations for persons charged with a felony
, or a misdemeanor if requested pursuant to W.S. 7
‑
8
‑
105,
shall be conducted by the circuit court judge or magistrate.

5
‑
9
‑
208
.

Full
‑
time magistrates; powers of magistrates who are authorized to practice law; powers of magistrates who are not authorized to practice law
.

(c)

At the direction of the circuit court judges of a circuit court, a full
‑
time magistrate of the circuit court who is not authorized to practice law in Wyoming may within the county from which appointed:

(xvii)

In accordance with the Wyoming Rules of Criminal Procedure, conduct extradition proceedings, initial appearances and preliminary examinations for persons charged with
misdemeanors or
felonies;

7
‑
8
‑
105
.

Right to preliminary hearing.

In all cases triable in district court, except upon indictment,
and in all cases triable in circuit court upon request by the defendant,
the defendant is entitled to a preliminary hearing.

Section 2
.

W.S. 5
‑
9
‑
132(c) is repealed.

Section
3
.

This
act is effective July 1,
201
6
.

(END)

1
SF0066