Release of arrested persons under the influence.

2017
STATE OF WYOMING
17LSO-0468
Introduced
1.3

HOUSE BILL

NO.

HB0147

Release of arrested persons under the influence.

Sponsored by:
Representative(s) Gray, Clem, Jennings and Steinmetz and Senator(s) Hicks

A BILL

for

AN ACT relating to criminal procedure; specifying when persons arrested for driving under the influence of alcohol may be released; amending related statutes pertaining to bail; and providing for an effective date.

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

Section
1
.

W.S.
7
‑
10
‑
101(
a),
7
‑
10
‑
102
and
31
‑
5
‑
233 by creating a new subs
ection (
n)

are amended to read:

7
‑
10
‑
101
.

Right of defendant.

(a)

Except as provided in W.S. 31
‑
5
‑
233(
n) a
person arrested for an offense not punishable by death may be admitted to bail.

7
‑
10
‑
102
.

Matters governed by rules.

Except as provided in
W.S. 31
‑
5
‑
233(
n)

t
he rules promulgated by the Wyoming supreme court shall govern in all matters relating to the terms, amount and conditions of bail, justification of sureties and procedures for forfeiture, enforcement and exoneration upon breach or default of the conditions of bail.

31
‑
5
‑
233
.

Driving or having control of vehicle while under influence of intoxicating liquor or controlled substances; penalties.

(n)

Any person arrested for a violation of subsection (b) of this section shall not be released from custody
before
the person
'
s
alcohol concentration is less than eight one
‑
hundredths of one percent (0.08%).

This subsection does not create an entitlement to release, nor
does it otherwise limit a judicial officer
'
s discretion to impose conditions for release.
In
conformity
with this subsection:

(i)

The sheriff, or other authority having custody of the arrested person,
may maintain a uniform policy that requires a lower alcohol concentration before an arrested person
may
be released
;

(ii)

The sheriff, or other authority having custody of the arrested person,
shall offer to test
an
arrested person
'
s alcohol concentration no less than once every 90 minutes
;

(ii
i
)

In the event the arrested person refuse
s
to be tested for release,
the person may be released
only after

the sheriff, or other authority having custody of the arrested person,
determines the person to be capable of safely operating a motor vehicle
;

(i
v
)

In
no instance shall
the

determinat
ion
, action or
inaction under

paragraph
(ii)
or (iii)
of this
sub
section

be considered tortious conduct of a peace officer under W.S. 1
‑
39
‑
112
;

(
v)

Failure of the sheriff or other custodian to comply with this subsection shall not constitute a defense to a charge under this section.

Section 2
.

This
act is effective July 1,
201
7
.

(END)

1
HB0147