HB0221 • 2023

Domestic violence prosecution amendments.

AN ACT relating to crimes and offenses; requiring the prosecution or dismissal of crimes of domestic violence as specified; requiring reports; and providing for an effective date.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor: Representative Henderson
Last action: 2023-02-06
Official status: inactive
Effective date: 3/1/2023

Plain English Breakdown

The official source material confirms that the bill did not pass and was not considered for further action. The specific impact on domestic violence cases remains uncertain as the bill's provisions were never enacted.

Changes for Domestic Violence Cases

The bill requires district attorneys to prosecute or dismiss domestic violence cases based on specific criteria and mandates detailed reports from law enforcement.

What This Bill Does

Requires district attorneys to either charge or dismiss crimes of domestic violence if certain conditions are met.
District attorneys must provide a written explanation for not filing charges in domestic violence cases.
Law enforcement officers must submit detailed incident reports on domestic violence cases within ten days.
District attorneys must inform victims about the status and decisions regarding their case within five days.

Who It Names or Affects

Victims of domestic violence
Law enforcement agencies investigating domestic violence incidents
District attorneys handling domestic violence cases

Terms To Know

Household member: A person who lives with another in a family or similar relationship.
Declination to prosecute: When the district attorney decides not to file charges in a case.

Limits and Unknowns

The bill did not pass and was not considered for further action.
It is unclear how many domestic violence cases will be affected by these changes.

Bill History

2023-02-06 House
H COW:H Did not consider for COW
2023-02-03 House
H Placed on General File
2023-02-03 House
H10 - Labor:Recommend Do Pass 7-2-0-0-0
2023-01-30 House
H Introduced and Referred to H10 - Labor
2023-01-24 House
H Received for Introduction
2023-01-23 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

23LSO-0558
2023
STATE OF WYOMING
23LSO-0558
Numbered
2.0

HOUSE BILL NO. HB0221

Domestic violence prosecution amendments.

Sponsored by: Representative(s) Henderson and Senator(s) Pappas

A BILL

for

AN ACT relating to crimes and offenses; requiring the prosecution or dismissal of crimes of domestic violence as specified; requiring reports; and providing for an effective date.

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

Section 1
.

W.S. 7
‑
1
‑
106 by creating a new subsection (d) and 7
‑
20
‑
107 by creating a new subsection (c) is amended to read:

7
‑
1
‑
106.

Prosecution of crimes.

(d)

Any act involving bodily harm or threat of bodily harm against a household member as defined in W.S. 35
‑
21
‑
102(a)(iv) that would constitute a crime under W.S. 6
‑
2
‑
506, 6
‑
2
‑
509 through 6
‑
2
‑
511, 6
‑
4
‑
404 or under a substantially similar municipal ordinance, shall be prosecuted under the respective section or ordinance and not under a reduced charge or dismissed unless:

(i)

The district attorney elects not to file charges and provides a written explanation for the declination to prosecute, with supporting facts, to the investigating law enforcement agency and to the alleged victim if charges have not been filed; or

(ii)

The district attorney in open court moves or files a statement to reduce the charge or dismiss, with supporting facts, stating that there is insufficient evidence to sustain the charge if the charge has been filed.

7
‑
20
‑
107.

Identification codes; reports.

(c)

In addition to the reports required under subsections (a) and (b) of this section, the primary law enforcement officer investigating an incident of domestic violence shall prepare a detailed report of each incident to include any action taken. The officer shall forward that report to the district attorney within ten (10) days of making the report. The district attorney shall notify the victim within five (5) days of the status of the case, and of any decision to prosecute consistent with W.S. 7
‑
1
‑
106(d).

Section 2
.

This act is effective July 1, 2023
.

(END)

1
HB0221