ORIGINAL SENATE

FILE NO. 0020

ENROLLED ACT NO. 37, SENATE

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to crimes and offenses; adding life
imprisonment without parole as an alternative penalty for
murder in the first degree; limiting commutation of a death
sentence to a sentence of life without parole; and
providing for an effective date.

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

Section 1. W.S. 7-13-807 is created to read:

7-13-807. Commutation of death sentences.

Pursuant to article 3, section 53 of the Wyoming
constitution, a death sentence may be commuted to a
sentence of life imprisonment without parole but that
sentence shall not be subject to further commutation.

Section 2. W.S. 6-2-101(b) and by creating a new
subsection (c), 6-2-102(a)(intro), (b), (d)(ii) and
(e)(intro) and 6-2-103(e)(ii) are amended to read:

6-2-101. Murder in the first degree; penalty.

(b) A person convicted of murder in the first degree
shall be punished by death, life imprisonment without
parole or life imprisonment according to law, except that
no person shall be subject to the penalty of death for any
murder committed before the defendant attained the age of
sixteen (16) years.

(c) A person convicted of murder in the first degree
in a case in which the state seeks the death penalty shall
be sentenced in accordance with the provisions of W.S.
6-2-102. In all other cases, including any case in which
the state has determined not to seek the death penalty at

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any stage of the proceeding, the judge shall determine the
sentence of life imprisonment without parole or life
imprisonment taking into consideration any negotiated plea
agreement and any evidence relevant to a determination of
sentence which the court deems to have probative value.

6-2-102. Presentence hearing for murder in the first
degree; mitigating and aggravating circumstances; effect of
error in hearing.

(a) Upon conviction of a person for murder in the
first degree in a case in which the state seeks the death
penalty, the judge shall conduct a separate sentencing
hearing to determine whether the defendant should be
sentenced to death, life imprisonment without parole or
life imprisonment. The hearing shall be conducted before
the judge alone if:

(b) In all other cases the sentencing hearing shall
be conducted before the jury which determined the
defendant's guilt or, if the judge for good cause shown
discharges that jury, with a new jury impaneled for that
purpose. The jury shall be instructed that if the jury does
not unanimously determine that the defendant should be
sentenced to death, then the defendant shall be sentenced
to life imprisonment without parole or life imprisonment.

(d) Upon conclusion of the evidence and arguments the
judge shall give the jury appropriate instructions,
including instructions as to any aggravating or mitigating
circumstances, as defined in subsections (h) and (j) of
this section, or proceed as provided by paragraph (iii) of
this subsection:

(ii) Based upon the considerations in paragraph
(i) of this subsection, the jury shall unanimously

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determine whether the defendant should be sentenced to
death or life imprisonment. The jury shall consider
aggravating and mitigating circumstances unanimously found
to exist, and each individual juror may also consider any
mitigating circumstances found by that juror to exist. If
the jury reports unanimous agreement to impose the sentence
of death, the court shall discharge the jury and shall
impose the sentence of death. If the jury is unable to
reach a unanimous verdict imposing the sentence of death
within a reasonable time, the court shall instruct the jury
to determine by a unanimous vote whether the penalty of
life imprisonment without parole shall be imposed. If the
jury is unable to reach a unanimous verdict imposing the
penalty of life imprisonment without parole within a
reasonable time, the court shall discharge the jury and
impose the sentence of life imprisonment;

(e) The death penalty shall not be imposed unless at
least one (1) of the aggravating circumstances set forth in
subsection (h) of this section is found. In nonjury cases
the judge shall make such designation. If the jury cannot,
within a reasonable time, agree on the punishment to be
imposed, the judge shall impose a life sentence. The jury,
if its verdict is a sentence of death, shall designate in
writing signed by the foreman of the jury:

6-2-103. Review of death sentences; notice from clerk
of trial court; factors to be considered by supreme court;
disposition of appeal.

(e) In addition to its authority regarding correction
of errors, the court, with regard to review of death
sentences, may:

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(ii) Set the sentence aside and impose a
sentence of life imprisonment without parole, or life
imprisonment; or

Section 3. W.S. 6-2-102(f) is repealed.

Section 4. 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 Senate.

Chief Clerk

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