Uniformity in domestic violence law.

ORIGINAL
Senate
ENGROSSED
File No
.
SF0019

ENROLLED ACT NO. 39,

SENATE

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

AN ACT relating to crimes and offenses; amending penalties for crimes related to domestic
assault and battery
, strangulation and stalking; amending enhanced penalt
y
provisions; amending the definition of violent felony; and providing for an effective date.

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

Section 1
.

W.S. 6
‑
1
‑
104(a)(xii), 6
‑
2
‑
509(b), 6
‑
2
‑
510(b)(
i
), (ii)
(intro)
, (E),
by creating new subparagraph
s
(G)
through (
M
)
and (c), 6
‑
2
‑
511(b)(ii)
(intro)
, (E), by creating new subparagraph
s
(G)
through
(
M
),
(iii)(intro),
(E)
, by creating new subparagraphs (G) through (M)

and
(c)
and 7
‑
13
‑
1301(a)(vi)
are amended to read:

6
‑
1
‑
104
.

Definitions.

(a)

As used in this act, unless otherwise defined:

(xii)

"Violent felony" means murder, manslaughter, kidnapping, sexual assault in the first or second degree, robbery, aggravated assault,
strangulation of a household member,

aircraft hijacking, arson in the first or second degree
,

or
aggravated burglary
,

or
a violation of W.S. 6
‑
2
‑
314(a)(
i
) or 6
‑
2
‑
315(a)(ii)

or a third, or subsequent, domestic battery under W.S. 6
‑
2
‑
511(a) and (b)(iii)
;

6
‑
2
‑
509
.

Strangulation of a household member; penalty.

(b)

Strangulation of a household member is a felony punishable by imprisonment for not more than
five (5)
ten (10)
years
.

6
‑
2
‑
510
.

Domestic assault.

(b)

Domestic assault is punishable as follows:

(
i
)

By
imprisonment for not more than six (6) months,

a fine of not more than seven hundred fifty dollars ($750.00)
,
or both
;

(ii)

By imprisonment for not more than
six (6) months

one (1) year
, a fine of not more than seven hundred fifty dollars ($750.00), or both, if the person has previously been convicted of domestic assault or if the person has previously been convicted of the following or similar offense against another household member:

(E)

Child abuse under W.S. 6
‑
2
‑
503;
or

(G)

Unlawful contact under W.S. 6
‑
2
‑
501(g);

(H)

Strangulation of a household member under W.S. 6
‑
2
‑
509;

(J)

Kidnapping under W.S. 6
‑
2
‑
201;

(
K
)

Felonious restraint under W.S. 6
‑
2
‑
202; or

(
M
)

False imprisonment under W.S. 6
‑
2
‑
203.

(c)

If a person sentenced under paragraph

(b)
(
i
) or

(ii) of this section is placed on probation, the court may, notwithstanding any other provision of law, impose a term of probation exceeding the maximum
six (6) months
one (1) year

imprisonment, provided the term of probation,
including extensions, shall not exceed
one (1) year

three (3) years
.

6
‑
2
‑
511
.

Domestic battery.

(b)

Domestic battery is punishable as follows:

(ii)

By imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, if
within the previous five (5) years,
the person has

been convicted of domestic battery or
any of

the following or similar
offense

offenses
against another household member:

(E)

Child abuse under W.S. 6
‑
2
‑
503;
or

(G)

Unlawful contact under W.S. 6
‑
2
‑
501(g);

(
H
)

Strangulation of a household member under W.S. 6
‑
2
‑
509;

(
J
)

Kidnapping under W.S. 6
‑
2
‑
201;

(
K
)

Felonious restraint under W.S. 6
‑
2
‑
202; or

(
M
)

False imprisonment under W.S. 6
‑
2
‑
203.

(iii)

By imprisonment for not more than
five (5) years

ten (10) years
, a fine of not more than
two thousand dollars ($2,000.00)

ten thousand dollars ($10,000.00)
, or both, if
within the previous ten (10) years,

the person has been convicted of domestic battery two (2) or more times or has been convicted of domestic battery and
any of

the
following or similar offense against another household member:

(E)

Child abuse under W.S. 6
‑
2
‑
503;
or

(G)

Unlawful contact under W.S. 6
‑
2
‑
501(g);

(H)

Strangulation of a household member under W.S. 6
‑
2
‑
509;

(J)

Kidnapping under W.S. 6
‑
2
‑
201;

(
K
)

Felonious restraint under W.S. 6
‑
2
‑
202; or

(
M
)

False imprisonment under W.S. 6
‑
2
‑
203.

(c)

If a person sentenced under
paragraph
(b)
(
i
) or

(ii) of this section is placed on probation, the court may, notwithstanding any other provision of law, impose a term of probation exceeding the maximum imprisonment of one (1) year, provided the term of probation, including extensions, shall not exceed
two (2)
three (3)

years.

7
‑
13
‑
1301
.

Definitions.

(a)

As used in W.S. 7
‑
13
‑
1301 through 7
‑
13
‑
1304:

(vi)

"Violent felony" means murder, manslaughter, kidnapping, sexual assault in the first or second degree, robbery, aggravated assault,
strangulation of a household member,
aircraft hijacking, arson in the first or second degree
,

or
aggravated burglary
, a violation of W.S. 6
‑
2
‑
314(a)(
i
)
or
6
‑
2
‑
315(a)(ii) or a third, or
subsequent, domestic battery under W.S. 6
‑
2
‑
511(a) and (b)(iii)
;

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
Senate
.

Chief Clerk

1