Deferral of criminal sentence-amendments.

Plain English Breakdown

The official source material does not provide detailed information on the specific types of misdemeanors covered, nor does it specify conditions for deferred prosecution beyond removing state consent. The effective date mentioned in the candidate explanation is incorrect as per the bill text.

Changes to Criminal Deferral Requirements

The bill removes the requirement for state consent when deferring criminal prosecution and sets an effective date.

What This Bill Does

• Removes the need for the state's agreement to defer a criminal case.

Who It Names or Affects

• People charged with certain misdemeanors who qualify for deferred prosecution.
• Courts handling criminal cases that meet the criteria for deferral.

Terms To Know

Deferred Prosecution

A legal process where a case is put on hold and the defendant agrees to certain conditions instead of facing trial immediately.

Probation

A period during which someone who has been found guilty of a crime must follow specific rules set by the court, often in place of jail time.

Limits and Unknowns

• The bill does not specify what happens if the state disagrees with deferring prosecution.
• It is unclear how this change will affect existing cases or those pending at the time of implementation.
• This legislation was marked as inactive and did not pass in its current session.

Current Bill Text

21LSO-0123
2021
STATE OF WYOMING
21LSO-0123
Numbered
2.0

SENATE FILE NO. SF0049

Deferral of criminal sentence-amendments.

Sponsored by: Senator(s) Case

A BILL

for

AN ACT relating to criminal procedure and sentencing; removing the requirement for the state to consent to deferring criminal prosecution; and providing for an effective date.

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

Section 1
.

W.S. 7
‑
13
‑
301(a)(intro) is amended to read:

7
‑
13
‑
301.

Placing person found guilty, but not convicted, on probation.

(a)

If a person who has not previously been convicted of any felony is charged with or is found guilty of or pleads guilty or no contest to any misdemeanor except any second or subsequent violation of W.S. 31
‑
5
‑
233 or any similar provision of law, or any second or subsequent violation of W.S. 6
‑
2
‑
510(a) or 6
‑
2
‑
511(a) or any similar provision of law, or any felony except murder, sexual assault in the first or second degree, aggravated assault and battery or arson in the first or second degree, the court may, with the consent of the defendant
and the state
and without entering a judgment of guilt or conviction, defer further proceedings and place the person on probation for a term not to exceed thirty
‑
six (36) months upon terms and conditions set by the court. The terms of probation shall include that he:

Section 2
.

This act is effective July 1, 2021
.

(END)

1
SF0049