HB0155 - Minor in possession-license suspension.
2001 |
State of Wyoming |
01LSO-0031 |
HOUSE BILL NO. HB0155
Minor in possession-license suspension.
Sponsored by: Representative(s) Baker
A BILL
for
1 AN ACT relating to
alcohol related offenses; providing for
2
suspension of a driver's license when a person under
3 twenty-one
is convicted of unlawfully possessing alcohol;
4
modifying other provisions relating to underage possession
5 of
alcohol and driver's licenses; and providing for an
6
effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 12-6-101 by creating a new subsection
11 (f), 31-7-108(b)(vii), 31-7-126 and
31-7-128(f)(intro),
12 (ii) and by creating a new paragraph
(iii) are amended to
13 read:
14
15 12-6-101. Sale or possession prohibited;
when
16 possession unlawful; public drunkenness; falsification of
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1 identification; penalty; prima facie
identification as
2 defense.
3
4 (f) In addition to any
other penalty, the division of
5 motor vehicles shall suspend the driver's
license or
6 nonresident operating privilege of any
person convicted of
7 violating subsection (b) of this
section for:
8
9 (i) Ninety (90) days for the first conviction;
10
11 (ii) Six (6) months for the second conviction;
12 and
13
14 (iii) One (1) year for a third or subsequent
15 conviction.
16
17 31-7-108. Persons not to be licensed;
investigation
18 by the division.
19
20 (b) The
division shall not issue or renew any
21 driver's license to any person:
22
23 (vii) Who is
under nineteen (19) twenty-one (21)
24 years of age and who has been convicted of any offense
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1 regarding the possession, delivery, manufacture or use of a 2
controlled substance or alcohol
within the preceding twelve 3
(12) months under W.S. 12-6-101(b), during any period for
4 which a license suspension is or would
be in effect under
5 W.S. 12-6-101(f).
6
7 31-7-126. Reporting of convictions and
failure to
8 appear by courts.
9
10 Every court having jurisdiction under any
statute of this
11 state or a municipal ordinance adopted by
local authority
12 regulating the driving of motor vehicles,
shall forward to
13 the division within ten (10) working days
from the date of
14 conviction a record of the conviction of any
person in the
15 court for a violation of any of those laws
or ordinances,
16 other than those regulating standing or
parking of a motor
17 vehicle. Each court in this state shall also
forward to the
18 division within ten (10) working days from
the date of
19 conviction a record of the conviction of any
person under
20 nineteen (19) twenty-one (21) years of age in the court for
21 a violation of any
law regarding the possession, delivery, 22
manufacture or
use of a controlled substance or alcohol 23 W.S. 12-6-101(b).
The court shall also forward to the
24 division a report of any violation by any
person of a
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1 written
promise to appear in court as given to the
2
arresting officer upon the issuance of a traffic citation
3 and
any failure to appear in court at the time specified by
4 the
court. Failure of a court to forward a record of
5
conviction or violation under this section within the time
6
specified in this section from the date of conviction or
7 violation shall not affect the division's authority under
8
this act.
9
10 31-7-128. Mandatory suspension of
license or
11 nonresident operating privilege for certain violations;
12 suspension of registration.
13
14 (f) Upon
receiving a record of the conviction of a
15 driver who is under nineteen (19) twenty-one
(21) years of
16 age for violating any law regarding the possession, 17
delivery,
manufacture or use of a controlled substance or 18
alcohol W.S. 12-6-101(b), the division shall suspend the
19 license or nonresident operating privilege
for:
20
21 (ii) Six (6)
months, if the person has been 22
previously
convicted within the preceding twelve (12) 23
months
for violating any law regarding the possession,
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1 delivery, manufacture or use of a controlled substance or 2
alcohol. for the second conviction; and
3
4 (iii) One (1) year for a
third or subsequent
5 conviction.
6
7 Section 2. This act is effective immediately upon
8 completion
of all acts necessary for a bill to become law
9 as
provided by Article 4, Section 8 of the Wyoming
10 Constitution.
11
12 (END)
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