HB0106 • 2018

Municipal court authority-conditional suspension of fines.

AN ACT relating to municipal courts; providing for conditional suspension of fines; specifying requirements; providing applicability; and providing for an effective date.

Enacted

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

Sponsor: Representative Crank
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. 0032
2018-03-13 LSO
Assigned Chapter Number 67
2018-03-08 Senate
S President Signed HEA No. 0032
2018-03-08 House
H Speaker Signed HEA No. 0032
2018-03-07 LSO
Assigned Number HEA No. 0032
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 58-0-2-0-0
2018-02-23 House
H 2nd Reading:Passed
2018-02-22 House
H COW:Passed
2018-02-20 House
H Placed on General File
2018-02-20 House
H01 - Judiciary:Recommend Do Pass 9-0-0-0-0
2018-02-14 House
H Introduced and Referred to H01 - Judiciary 58-1-1-0-0
2018-02-09 House
H Received for Introduction
2018-02-06 LSO
Bill Number Assigned

Official Summary Text

Bill Summary

Bill No.:
HB0106
Effective
:
7/1/2018

LSO No.:
18LSO-0402

Enrolled Act No.:
HEA No. 0032

Chapter No.:
67

Prime Sponsor:
Crank

Catch Title:
Municipal court authority-conditional suspension of fines.

Subject:
Authority of municipal courts to suspend fines.

Summary/Major Elements:

In 2017, t
he Wyoming Supreme Court ruled that
statutes do not authorize
courts to impose a period of
probation for a fine-only offense. This act provides an avenue for municipal court
s, when sentencing defendants for violations of fine-only ordinances,
to suspend all or part of
the
fine
. The suspension of the fine may be
conditioned on the defendant conforming his conduct to the requirements of the

ordinance
for a period up to six months
. The act also allows the municipal court to impose the suspended portion of the fine if the def
endant fails to comply with the
conditions imposed by
the court.

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
.
HB0106

ENROLLED ACT NO. 32,

HOUSE OF REPRESENTATIVES

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

AN ACT relating to municipal courts; providing for conditional suspension of fines; specifying requirements; providing applicability; and providing for an effective date.

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

Section 1
.

W.S. 5
‑
6
‑
116 is created to read:

5
‑
6
‑
116
.

Suspension of fines on conditions.

(a)

Notwithstanding W.S. 7
‑
13
‑
302 through 7
‑
13
‑
305, w
he
n imposing a fine
for breach of an ordinance that is punishable by fine only
, a
municipal judge
may
suspend a
ll or part of the
fine for a
specified
period
,

no
t

to exceed

six (6)
months
,
during
which
the defendant must meet specified conditions.
The conditions imposed
shall
only require
the defendant to conform his conduct to the requirements of the ordinance

and
shall
not prohibit lawful conduct
.
When suspending a fine, a municipal judge must:

(
i
)

Specify the amount of
the
fine to be suspended;
and

(
ii
)

Specify the conditions the defendant must meet to avoid imposition of the suspended portion of the fine
, including the date by which the conditions must be met
.

(b)

If a defendant fails to comply with the conditions specified, the municipality may commence proceedings to impose the suspended portion of the fine during the period of suspension or within thirty (30) days thereafter. If after notice and a hearing the court determines the defendant failed to comply with the
conditions of the suspended fine, the court may proceed to deal with the case as if no suspension of fine had been ordered.

Section 2
.

This act applies only to violations of ordinances that occur on or after the effective date of this act.

Section 3
.

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