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26LSO-0483
2026
STATE OF WYOMING
26LSO-0483
Numbered
2.0
HOUSE BILL NO. HB0184
Juveniles-criminal deferral.
Sponsored by: Representative(s) Ottman, Lucas, Singh and Webber and Senator(s) Olsen
A BILL
for
AN ACT relating to juveniles; creating a criminal deferral process for juveniles who commit misdemeanors as specified; making conforming amendments; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 14
‑
6
‑
253 is created to read:
14
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6
‑
253.
Deferral of criminal proceedings; juveniles.
(a)
If a juvenile who has not been previously convicted of any misdemeanor or felony is charged with, found guilty of or pleads guilty or no contest to any misdemeanor that the district attorney deems, following assessment as the single point of contact for the juvenile system, not treatable under the other provisions of title 14 of the Wyoming statutes, the circuit court may, with the consent of the juvenile and the state and without entering a judgment of guilt or conviction, defer further proceedings and place the juvenile on probation for a term of not more than eighteen (18) months upon terms and conditions set by the circuit court. The terms of probation shall require that the juvenile:
(i)
Report to the circuit court not less than two (2) times each year at times and places fixed by court order;
(ii)
Act in a law
‑
abiding manner;
(iii)
Not leave the state without the consent of the circuit court;
(iv)
Follow any other terms of probation the circuit court finds proper; and
(v)
Pay restitution to each victim in accordance with W.S. 7
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9
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101 through 7
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9
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115.
(b)
If the circuit court finds the juvenile has fulfilled the terms of probation and that the juvenile has been rehabilitated to the satisfaction of the circuit court, the circuit court may at the end of eighteen (18) months, or at any time more than six (6) months after originally placing the juvenile on probation, discharge the juvenile from probation and dismiss each charge.
(c)
If the juvenile violates a term or condition of probation at any time before the final discharge of the charges, the circuit court may take one (1) of the following actions:
(i)
Enter an adjudication of guilt and conviction and proceed to impose a sentence upon the juvenile if the juvenile previously pled guilty or was found guilty of the original charge or charges for which probation was granted under this section;
(ii)
Order that the trial of the original charge proceed if the juvenile has not previously pled or been found guilty; or
(iii)
Order that the matter be transferred to the juvenile court pursuant to a proceeding conducted in accordance with W.S. 14
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6
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237.
(d)
Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for any purpose.
(e)
There shall be only one (1) discharge and dismissal under this section for juveniles who have not yet reached eighteen (18) years of age at the time the crime was committed.
Section 2
.
W.S. 1
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40
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119(b), 5
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9
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134, 5
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12
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116, 5
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12
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118(b), 6
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10
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102, 6
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10
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103, 7
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9
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101(a)(i), 7
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13
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301(e), 7
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13
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1202(a)(iv), 7
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13
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1301(a)(iii), 7
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13
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1303(a), 21
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2
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802(g)(i) and 31
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5
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233(f)(intro) and (ii) are amended to read:
1
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40
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119.
Surcharge to be assessed in certain criminal cases; paid to account.
(b)
The surcharge enumerated in subsection (a) of this section shall be imposed upon any defendant for whom prosecution, trial or sentence is deferred under W.S. 7
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13
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301 and 7
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13
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302
or 14
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6
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253
or who participates in any other diversion agreement.
5
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9
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134.
Probation; correction and reduction of sentence.
The circuit court may place a criminal defendant on probation pursuant to W.S. 7
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13
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301 through 7
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13
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307
or 14
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6
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253
. Notwithstanding any other provision of law, the probation period for a defendant whose disposition includes participation in a substance abuse treatment program or a court supervised treatment program may exceed the maximum term of imprisonment established for the offense, but shall not exceed three (3) years.
The court shall conduct, on at least a monthly basis, a review on the progress of a defendant sentenced to treatment under this section.
The review may be conducted in a manner the court deems appropriate, but shall include receiving regular progress reports from the treatment provider.
5
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12
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116.
Municipal courts.
A municipal judge may place a criminal defendant on probation pursuant to W.S. 7
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13
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301 through 7
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13
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307
or 14
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6
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253
and require the defendant as a probationary condition to participate in a program under this act. Notwithstanding any other provision of law, the probation period for a defendant whose disposition includes participation in a program or a court supervised treatment program may exceed the maximum term of imprisonment established for the offense, but shall not exceed thirty
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six (36) months.
5
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12
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118.
Surcharge to be assessed in certain criminal cases; paid to account.
(b)
The surcharge may be imposed upon any defendant for whom prosecution, trial or sentence is deferred under W.S. 7
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13
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301 and 7
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13
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302
, 14
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6
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253
or 35
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7
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1037 or who participates in any other diversion agreement for an offense specified in subsection (a) of this section.
6
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10
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102.
Imposition of fine for any felony; maximum fine where not established by statute; court automation fee; indigent civil legal services fee.
The court may impose a fine as part of the punishment for any felony. If the statute does not establish a maximum fine, the fine shall be not more than ten thousand dollars ($10,000.00). The court shall impose a court automation fee of forty dollars ($40.00) in every criminal case wherein the defendant is found guilty, enters a plea of guilty or no contest or is placed on probation under W.S. 7
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13
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301
or 14
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6
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253
. The fee shall be remitted as provided by W.S. 5
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3
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205.
In addition to the court automation fee the court shall impose an indigent civil legal services fee of ten dollars ($10.00) in every criminal case wherein the defendant is found guilty, enters a plea of guilty or no contest or is placed on probation under W.S. 7
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13
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301
, 14
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6
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253
or 35
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7
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1037.
The indigent civil legal services fee shall be remitted as provided in W.S. 5
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3
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205(a)(ii).
6
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10
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103.
Penalties for misdemeanors where not prescribed by statute; court automation fee; indigent civil legal services fee.
Unless a different penalty is prescribed by law, every crime declared to be a misdemeanor is punishable by imprisonment in the county jail for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. The court shall impose a court automation fee of forty dollars ($40.00) in every criminal case wherein the defendant is found guilty, enters a plea of guilty or no contest or is placed on probation under W.S. 7
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13
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301
or 14
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6
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253
. The fee shall be remitted as provided by W.S. 5
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3
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205.
In addition to the court automation fee the court shall impose an indigent civil legal services fee of ten dollars ($10.00) in every criminal case wherein the defendant is found guilty, enters a plea of guilty or no contest or is placed on probation under W.S. 7
‑
13
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301
or 14
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6
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253
.
The indigent civil legal services fee shall be remitted as provided in W.S. 5
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3
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205(a)(ii).
7
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9
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101.
Definitions.
(a)
As used in this chapter:
(i)
"Criminal activity" means any crime for which there is a plea of guilty, nolo contendere or verdict of guilty upon which a judgment of conviction may be rendered and includes any other crime which is admitted by the defendant, whether or not prosecuted. In the case of restitution ordered under W.S. 7
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13
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301
or 14
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6
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253
, "criminal activity" also includes a crime charged against the defendant;
7
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13
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301.
Placing person found guilty, but not convicted, on probation.
(e)
There shall be only one (1) discharge and dismissal under this section or under any similar section of the probationary statutes of any other jurisdiction.
Use of a criminal deferral under W.S. 14
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6
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253 shall not be considered a discharge and dismissal under this subsection.
7
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13
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1202.
Definitions.
(a)
As used in this act:
(iv)
"Teen court" or "teen court program" means an alternative sentencing procedure under which regular court proceedings involving a teen charged with a minor offense may be deferred and subsequently dismissed on condition that the defendant participate fully in the teen court program and appear before a jury of teen peers for sentencing and that the defendant successfully complete the terms and conditions of the sentence imposed. This sentencing is in addition to the provisions of W.S. 7
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13
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301
, 14
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6
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253
and 35
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7
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1037;
7
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13
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1301.
Definitions.
(a)
As used in W.S. 7
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13
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1301 through 7
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13
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1304:
(iii)
"Convicted" means an unvacated determination of guilt by any court having legal jurisdiction of the offense and from which no appeal is pending and includes pleas of guilty and nolo contendere. For purposes of W.S. 7
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13
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1302 only, "convicted" shall include dispositions pursuant to W.S. 7
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13
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301, 7
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13
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302(a), 35
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7
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1037 or deferred prosecutions when ordered. Otherwise, for purposes of this act, "convicted" shall not include dispositions pursuant to W.S. 7
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13
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301, 7
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13
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302(a),
14
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6
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253,
35
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7
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1037 or deferred prosecutions;
7
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13
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1303.
Suspended sentence for qualified offenders.
(a)
Except as provided in subsection (c) of this section, notwithstanding any other provision of law, qualified offenders may be placed on probation under W.S. 7
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13
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301
or 14
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6
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253
, receive a suspended sentence under W.S. 7
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13
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302(a) or placed on probation under W.S. 35
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7
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1037. The sentence or probation order shall set forth the terms of a treatment program based upon the substance use disorder assessment and any other terms and conditions as the court may deem appropriate under the circumstances, and require the offender to satisfactorily complete the treatment program. The court shall include in the sentence or probation order any provisions necessary to reasonably protect the health of the offender.
21
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2
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802.
Powers and duties; teacher certification; suspension and revocation; certification fees; disposition of collected fees; required data submissions to department of education.
(g)
For purposes of this section:
(i)
"Convicted" or "conviction" means an unvacated determination of guilt by any court having legal jurisdiction of the offense and from which no appeal is pending. Pleas of guilty and nolo contendere shall be deemed convictions for the purposes of this section. Dispositions pursuant to W.S. 7
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13
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301
, 14
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6
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253
or 35
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7
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1037 shall not be convictions for purposes of this section;
31
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5
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233.
Driving or having control of vehicle while under influence of intoxicating liquor or controlled substances; penalties.
(f)
Any person convicted under this section or other law prohibiting driving while under the influence as defined in W.S. 31
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5
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233(a)(v), or whose prosecution under this section is deferred under W.S. 7
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13
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301
or 14
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6
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253
, shall, in addition to the penalty imposed:
(ii)
Except as provided in subsection (n) of this section, for a first conviction, or for a prosecution deferred under W.S. 7
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13
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301
or 14
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6
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253
, where the department's administrative action indicates the person had an alcohol concentration of fifteen one
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hundredths of one percent (0.15%) or more, operate only vehicles equipped with an ignition interlock device, pursuant to W.S. 31
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7
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401 through 31
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7
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404, for a period of six (6) months. For purposes of this paragraph, the department's administrative action shall be deemed to indicate a person had an alcohol concentration of fifteen one
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hundredths of one percent (0.15%) or more only after the person is notified of and given the opportunity to pursue the administrative procedures provided by W.S. 31
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7
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105;
Section 3.
This act shall apply to juveniles who commit misdemeanors within this state on or after July 1, 2026.
Section 4.
This act is effective July 1, 2026
.
(END)
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HB0184