AN ACT relating to crimes and offenses; adding fentanyl to the list of controlled substances that qualify as a child endangerment offense; clarifying the applicability of provisions; and providing for an effective date.
Children
Enacted
This bill passed the Legislature and reached final enactment based on the latest official action.
Sponsor
Representative Oakley
Last action
2023-02-15
Official status
enrolled
Effective date
2/15/2023
Plain English Breakdown
The official source material did not specify penalties for violating the new provision.
Adding Fentanyl to Child Endangerment Laws
This law adds fentanyl to a list of drugs that can be considered child endangerment if children are exposed to them.
What This Bill Does
Adds fentanyl to the list of controlled substances that qualify as child endangerment offenses.
Prohibits anyone from knowingly and willfully causing or allowing a child to come into contact with illicit fentanyl in any form, including absorption, inhalation, ingestion, or being present where it is manufactured or stored.
Who It Names or Affects
People who have custody of children and are in possession of illicit fentanyl.
Individuals manufacturing, selling, storing, or using illicit fentanyl around children.
Terms To Know
Fentanyl
A powerful synthetic opioid used for pain relief that can be dangerous if not handled properly.
Child endangerment offense
An act or omission by a person that endangers the health, welfare, safety, or life of a child.
Limits and Unknowns
The law does not specify penalties for violating this new provision.
It is unclear how strictly local authorities will enforce these provisions.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: The amendment removes an existing provision from the bill and adds new language that limits when fentanyl can be considered as child endangerment.
Removes the current House standing committee amendment (HB0111HS001/A) related to child endangerment involving controlled substances.
Adds a condition stating that fentanyl will only be considered an act of child endangerment unless it is properly stored and used according to a valid prescription or medication order from a practitioner.
The amendment text does not specify what constitutes 'properly stored' or the exact conditions under which a prescription or medication order would exempt someone from child endangerment charges involving fentanyl.
Plain English: The amendment changes how fentanyl is treated in child endangerment laws and when new rules take effect.
Removes language about offenses from the bill's title and replaces it with 'clarifying the applicability of provisions'.
Adds a requirement that substances must be properly stored and used according to a valid prescription before they can cause an offense.
Inserts 'illicit' before both methamphetamine and fentanyl in the text, making clear that only illegal use of these drugs is covered by the law.
Changes the effective date from July 1, 2023, to when all necessary actions for a bill to become law are completed.
The amendment's technical changes might be hard to understand without knowing the original bill text.
Bill History
2023-02-15LSO
Assigned Chapter Number 10
2023-02-15Governor
Governor Signed HEA No. 0002
2023-02-14Senate
S President Signed HEA No. 0002
2023-02-13House
H Speaker Signed HEA No. 0002
2023-02-09LSO
Assigned Number HEA No. 0002
2023-02-09Senate
S 3rd Reading:Passed 28-3-0-0-0
2023-02-08Senate
S 2nd Reading:Passed
2023-02-07Senate
S COW:Passed
2023-02-03Senate
S Placed on General File
2023-02-03Senate
S01 - Judiciary:Recommend Do Pass 5-0-0-0-0
2023-01-31Senate
S Introduced and Referred to S01 - Judiciary
2023-01-30Senate
S Received for Introduction
2023-01-27House
H 3rd Reading:Passed 59-2-1-0-0
2023-01-26House
H 2nd Reading:Passed
2023-01-25House
H COW:Passed
2023-01-24House
H Placed on General File
2023-01-24House
H03 - Revenue:Recommend Amend and Do Pass 9-0-0-0-0
2023-01-16House
H Introduced and Referred to H03 - Revenue
2023-01-11House
H Received for Introduction
2023-01-11LSO
Bill Number Assigned
Official Summary Text
Bill Summary - 23LSO-0552
Bill No.:
HB0111
Effective:
Immediately
LSO No.:
23LSO-0552
Enrolled Act No.:
HEA No. 0002
Chapter No.:
10
Prime Sponsor:
Oakley
Catch Title:
Endangering children-fentanyl.
Subject:
Adding fentanyl to the substances covered under the child-endangerment offense.
Summary/Major Elements:
This act prohibits any person from knowingly and willfully causing or permitting any child to absorb or ingest fentanyl, remain in a room where fentanyl is manufactured or sold or enter and remain in a room or dwelling used to manufacture or store illicit fentanyl. Current law already includes a similar prohibition for methamphetamine.
The act also clarifies that the prohibition does not apply if fentanyl or methamphetamine is properly stored pursuant to a valid medical practitioner's medication order or prescription.
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
23LSO-0552
ORIGINAL House
Bill No
.
HB0111
ENROLLED ACT NO. 2,
HOUSE OF REPRESENTATIVES
SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session
AN ACT relating to crimes and offenses; adding fentanyl to the list of controlled substances that qualify as a child endangerment offense; clarifying the applicability of provisions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 6
‑
4
‑
405(a) and (b) is amended to read:
6
‑
4
‑
405.
Endangering children; controlled substances; penalty.
(a)
Notwithstanding W.S. 6
‑
4
‑
403(b)(iv),
Unless properly stored and pursuant to a valid practitioner's medication order or valid prescription,
no person shall knowingly and willfully cause or permit any child to:
(i)
Absorb, inhale or otherwise ingest any amount of methamphetamine
or fentanyl
;
(ii)
Remain in a room, dwelling or vehicle where the person knows methamphetamine
or fentanyl
is being manufactured or sold; or
(iii)
Enter and remain in a room, dwelling or vehicle that the person knows is being used to manufacture or store
fentanyl or
methamphetamines, or the hazardous waste created by the manufacture of
fentanyl or
methamphetamines.
(b)
No person having the care or custody of a child shall knowingly and willfully permit the child to remain in a room, dwelling or vehicle where that person knows that
illicit
methamphetamine
or illicit fentanyl
is possessed, stored or ingested.
Section 2
.
This act is 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)
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