HB0061 • 2018

Roadside waiver of property rights prohibited.

AN ACT relating to the Wyoming Controlled Substances Act; providing a procedure for a valid waiver of property interest in seized property; and providing for an effective date.

Enacted

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

Sponsor: Representative Pelkey
Last action: 2018-03-13
Official status: enrolled
Effective date: 7/1/2018

Plain English Breakdown

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

Bill History

2018-03-13 Governor
Governor Signed HEA No. 0031
2018-03-13 LSO
Assigned Chapter Number 66
2018-03-08 Senate
S President Signed HEA No. 0031
2018-03-08 House
H Speaker Signed HEA No. 0031
2018-03-07 LSO
Assigned Number HEA No. 0031
2018-03-07 Senate
S 3rd Reading:Passed 29-1-0-0-0
2018-03-06 Senate
S 2nd Reading:Passed
2018-03-05 Senate
S COW:Passed
2018-03-05 Senate
S Placed on General File
2018-03-05 Senate
S01 - Judiciary:Recommend Do Pass 5-0-0-0-0
2018-02-28 Senate
S Introduced and Referred to S01 - Judiciary
2018-02-27 Senate
S Received for Introduction
2018-02-27 House
H 3rd Reading:Passed 57-1-2-0-0
2018-02-23 House
H 2nd Reading:Passed
2018-02-22 House
H COW:Passed
2018-02-22 House
H Placed on General File
2018-02-22 House
H02 - Appropriations:No Recommendation 7-0-0-0-0
2018-02-21 House
:Rerefer to H02 - Appropriations
2018-02-21 House
H01 - Judiciary:Recommend Do Pass 8-1-0-0-0
2018-02-15 House
H Introduced and Referred to H01 - Judiciary 59-0-1-0-0
2018-02-09 House
H Received for Introduction
2018-01-16 LSO
Bill Number Assigned

Official Summary Text

Bill Summary

Bill No.:
HB0061
Effective
:
7/1/2018

LSO No.:
18LSO-0364

Enrolled Act No.:
HEA No. 0031

Chapter No.:
66

Prime Sponsor:
Pelkey

Catch Title:
Roadside waiver of property rights prohibited.

Subject:
Drug-related asset forfeiture

-

waiver of property rights.

Summary/Major Elements:

Existing drug-related asset forfeiture law
provides a process for the seizure and judicially

ordered forfeiture of property that is used in controlled substance violation
s
. This act prohibits the state, including law enforcement officers, from obtaining a waiver of property rights from a person prior to a finding of probable cause at the circuit court hearing required under existing law.

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
House
Bill No
.
HB0061

ENROLLED ACT NO. 31,

HOUSE OF REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2018 Budget Session

AN ACT relating to the Wyoming Controlled Substances Act; providing a procedure for a valid waiver of property interest in seized property; and providing for an effective date.

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

Section 1
.

W.S. 35
‑
7
‑
1049 by creating a new subsection (bb) is amended to read:

35
‑
7
‑
1049
.

Forfeitures and seizures generally; property subject to forfeiture.

(
bb)

A
law enforcement officer
may not request, require or
in any manner induce any person
to execute a document purporting to waive
,

for purpose of forfeiture under this section,
the person
'
s interest in or rights to property seized
, and provided:

(i)

Any document obtained by a law enforcement officer purporting to waive a person
'
s interest in or right to property seized under this section is null and void
; and

(ii)

Nothing in this subsection prohibits the commissioner, after a hearing
and a
finding
of
probable cause as required by subsection (c) of this section, from requesting a person to waive the person
'
s interest in or rights to property.

Section 2
.

This act is effective July 1, 201
8
.

(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

1