HB0247 • 2021

Law enforcement hiring practices.

AN ACT relating to peace officers; prohibiting the hiring of peace officers with a history of serious misconduct as specified; requiring the revocation of a peace officer certification as specified; providing rulemaking authority; requiring a report; providing a definition; and providing for effective dates.

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor: Representative Provenza
Last action: 2021-04-07
Official status: inactive
Effective date: 3/1/2021

Plain English Breakdown

The bill did not become law and its provisions were never enacted.

Law Enforcement Hiring Practices

This act sets rules about hiring peace officers and revoking their certification if they have a history of serious misconduct.

What This Bill Does

It stops police departments from hiring people who were dismissed for serious misconduct or resigned, retired, or relinquished their certificate while under investigation for serious misconduct that was later found to be true.
The peace officer standards and training commission must revoke the certification of any peace officer who resigns, retires, or relinquishes their certificate during an investigation if they are ultimately found guilty of serious misconduct.
Police departments have to report findings of serious misconduct to the commission.

Who It Names or Affects

Peace officers who might be hired or whose certification could be revoked due to past behavior.
Law enforcement agencies that hire peace officers and investigate them for misconduct.
The peace officer standards and training commission responsible for making rules about hiring practices.

Terms To Know

Serious misconduct: Improper or illegal actions by a police officer in their official duties that could lead to injustice, such as criminal convictions, discrimination, fabrication of evidence, excessive use of force, accepting bribes, or fraud.

Limits and Unknowns

The bill is marked as inactive and did not become law.
It only applies to actions on or after its effective date if it had been enacted.
Details about the specific rules that need to be made by the commission are not provided in the summary.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0247H2001

2nd reading • Representative Provenza

Adopted

Plain English: The amendment adds a new requirement for the commission to complete an investigation if a peace officer voluntarily relinquishes their certification while under investigation for serious misconduct.

Adds a condition where a peace officer's certificate is revoked if they voluntarily give it up during an investigation and are later found guilty of serious misconduct.
Inserts new language requiring the commission to finish investigations when officers leave their positions or relinquish their certification while under investigation for serious misconduct.

The exact process and timeline for completing these investigations after a peace officer leaves their position are not detailed in this amendment.

HB0247HS001

Standing Committee • House Judiciary Committee

Failed

Plain English: The amendment adds a new reason for not hiring peace officers who voluntarily gave up their certification while being investigated for serious misconduct.

Adds a condition where a person cannot be hired as a peace officer if they gave up their certificate during an investigation for serious misconduct.
Changes the existing rule to add that the employing agency must have confirmed the person engaged in serious misconduct after voluntarily giving up their certification.

The amendment does not specify what constitutes 'serious misconduct'.

Bill History

2021-04-07 Senate
S:Died in Committee Returned Bill Pursuant to SR 5-4
2021-04-01 Senate
S No report prior to CoW Cutoff
2021-03-29 Senate
S Introduced and Referred to S01 - Judiciary
2021-03-26 Senate
S Received for Introduction
2021-03-24 House
H 3rd Reading:Passed 31-24-5-0-0
2021-03-24 House
H 3rd Reading:Bill Reconsideration Motion Passed by Roll Call 31-24-5-0-0
2021-03-24 House
H 3rd Reading:Failed 20-40-0-0-0
2021-03-23 House
H 2nd Reading:Passed
2021-03-22 House
H COW:Passed
2021-03-17 House
H Placed on General File
2021-03-17 House
H01 - Judiciary:Recommend Amend and Do Pass 6-2-1-0-0
2021-03-05 House
H Introduced and Referred to H01 - Judiciary
2021-03-04 House
H Received for Introduction
2021-03-03 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

21LSO-0644
2021
STATE OF WYOMING
21LSO-0644
ENGROSSED
3.0

HOUSE BILL NO. HB0247

Law enforcement hiring practices.

Sponsored by: Representative(s) Provenza and Washut and Senator(s) Landen

A BILL

for

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

Section 1
.

W.S. 9
‑
1
‑
704 by creating new subsections (m) through (p) is amended to read:

9
‑
1
‑
704.

Qualifications for employment as a peace officer; loss of certification; termination from employment; reporting.

(m)

Notwithstanding any provision of law to the contrary, no person shall be eligible for appointment as a peace officer when the person was previously employed as a peace officer and the person:

(i)

Was dismissed for serious misconduct;

(ii) Voluntarily relinquished his certificate while under investigation for serious misconduct and the commission ultimately found that the person engaged in serious misconduct; or

(iii)

Resigned or retired from the person's position while under investigation for serious misconduct and the commission ultimately found that the person engaged in serious misconduct.

(n) If a peace officer resigns or retires from the person's position or voluntarily relinquishes his certificate while under investigation for serious misconduct, the commission shall complete the investigation for serious misconduct.

(o)

The commission shall revoke the certificate of any peace officer who is dismissed,
resigns
or retires under the circumstances specified in subsection (m) of this section.

Prior to the revocation of the certificate of any peace officer under this subsection, the peace officer shall be afforded prior written notice with an opportunity to respond and may appeal the revocation in accordance with the Wyoming Administrative Procedure Act.

(p)

Any employing agency who investigates a peace officer for serious
misconduct, and
finds that the peace officer has engaged in that conduct, shall submit a full report along with a copy of all supporting files to the commission.

The commission shall maintain the report and files on record to ensure that no person ineligible to be a peace officer pursuant to subsection (m) of this section is granted a certificate.

(q)

For the purposes of this section:

(i)

"Serious misconduct" means improper or illegal actions taken by a peace officer in connection with
the officer's official duties that could result in a miscarriage of justice, including but not limited to a conviction of a crime, unlawful acts of discrimination, fabrication of evidence, excessive use of force, acceptance of a bribe or fraud.

Section 2
.

This act shall only apply to acts on or after the effective date of this act.

Section 3.

The

peace officer standards and training commission shall promulgate all rules necessary to implement the provisions of this act by July 1, 2021.

Section 4
.

(a)

Except as provided in subsection (b) of this section, this act is effective July 1, 2021.

(b)

Sections 2, 3 and 4 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0247