Judicial permission to dismiss DUIs-repeal.

Plain English Breakdown

The bill did not pass and therefore has no legal effect, which affects how its provisions would be implemented.

Repealing Permission for DUI Dismissals

This act removes a requirement that prosecutors must ask a judge in court to reduce or dismiss driving under the influence (DUI) charges if they believe there isn't enough evidence.

What This Bill Does

• Removes a rule that requires prosecutors to tell a judge in open court when they think there is not enough proof for DUI charges and asks the judge to lower or drop those charges.
• Eliminates section (j) of Wyoming Statute 31-5-233, which sets out this requirement.

Who It Names or Affects

• Prosecutors who handle DUI cases in Wyoming
• Judges who hear DUI cases in Wyoming

Terms To Know

DUI

Driving Under the Influence, which is when someone drives a vehicle while impaired by alcohol or drugs.

Prosecutors

Lawyers who work for the government and bring charges against people accused of breaking laws.

Limits and Unknowns

• The bill did not pass in its session, so it has no legal effect.
• It does not specify what happens if prosecutors still believe there is insufficient evidence after this rule change.

Current Bill Text

23LSO-0551
2023
STATE OF WYOMING
23LSO-0551
Numbered
2.0

HOUSE BILL NO. HB0113

Judicial permission to dismiss DUIs-repeal.

Sponsored by: Representative(s) Oakley, Brown, Byron, Crago, Stith, Yin and Zwonitzer, Dn and Senator(s) Barlow, Case and Cooper

A BILL

for

AN ACT relating to motor vehicles; repealing a requirement for prosecuting attorneys to move in open court for reduced charges or dismissals of driving under the influence offenses by stating that there is insufficient evidence to support the charge; and providing for an effective date.

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

Section 1
.

W.S. 31-5-233(j) is repealed.

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)

1
HB0113