H.B. No. 0014

Powers of magistrates.

Sponsored By: Joint Judiciary Interim Committee

AN ACT relating to courts; clarifying and expanding the powers of full-time and part-time magistrates as specified; requiring review of orders entered as specified; and providing for an effective date.

12/18/2001 Bill Number Assigned

02/11/2002 H Received for Introduction

02/11/2002 H Introduced and Referred to H01

ROLL CALL

Ayes: Representative(s) Anderson, R., Boswell, Burns, Childers, Cohee, Deegan, Diercks, Edwards, Esquibel, Eyre, Gay, Hageman, Hessenthaler, Hines, Iekel, Illoway, Johnson, L., Johnson, W., Jones, Landon, Law, Lockhart, Luthi, McGraw, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nagel, Nelson, Nicholas, Osborn, Parady, Paseneaux, Petersen, Reese, Robinson, Rose, Ross, Sadler, Samuelson, Shivler, Simons, Simpson, Slater, Tempest, Thompson, Tipton, Tomassi, Warren, Wasserburger, Watt, Willford and Wostenberg.

Nays: Representative(s) Baker, Huckfeldt and Philp.

Excused: Representative(s) Stafford

Ayes 56 Nays 3 Excused 1 Absent 0 Conflicts 0

02/14/2002 H01 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Johnson, L., Landon, Luthi, Morgan, Rose, Simpson, Slater, Wasserburger and Watt

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

02/14/2002 H Placed on General File

02/21/2002 H Amendments Adopted

HB0014HS001/A

Page 2-line 5 After "(xvii)" insert ", (xviii)".

Page 4-after line 2 Insert:

"(xviii)  Arraign, try, and sentence defendants in criminal cases amounting to misdemeanors for which the punishment prescribed by law does not exceed imprisonment for more than six (6) months or a fine of not more than seven hundred fifty dollars ($750.00), or both, and criminal cases in which the defendant is placed on probation for a period exceeding the maximum six (6) months imprisonment sentence under W.S. 31-5-233(e). In relation to such misdemeanors, this includes the power to accept plea agreements, order the examination of a defendant who enters a plea of not guilty by reason of mental illness or deficiency or not triable by reason of mental illness or deficiency, order presentence investigations, order substance abuse evaluations, order and conduct pretrial conferences, enter orders for sentencing, impose sentence, impose terms of probation, issue orders to show cause, conduct show cause hearings and enter such other orders as a circuit judge may enter in chambers when the circuit judge is unavailable, when the judge has recused himself from the case or when the judge has been peremptorily disqualified from hearing a case. In criminal cases amounting to misdemeanors for which the punishment prescribed exceeds imprisonment for more than six (6) months or a fine of more than seven hundred fifty dollars ($750.00) or both, such magistrate shall have the power to arraign defendants;". ROSE, CHAIRMAN

02/21/2002 H Passed CoW

02/22/2002 H Passed 2nd Reading

02/25/2002 Amendment Failed

HB0014H3001/F

Page 1-line 2 After ";" insert "amending qualifications of part-time magistrates exercising certain powers;".

Page 2-line 6 After "(xv)" insert "and by creating a new subsection (c)".

Page 6-after line 9 Insert:

(c)  No part-time magistrate shall exercise the powers enumerated under paragraphs (a)(v), (vii), (xi), (xiv) and (xv), or hear or issue orders in peace bond or stalking cases unless authorized to practice law in Wyoming.". MEULI

02/25/2002 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Anderson, R., Baker, Boswell, Burns, Childers, Cohee, Deegan, Diercks, Edwards, Esquibel, Eyre, Gay, Hageman, Hessenthaler, Hines, Huckfeldt, Iekel, Illoway, Johnson, L., Johnson, W., Jones, Landon, Law, Lockhart, Luthi, McGraw, McMurtrey, McOmie, Meyer, Miller, D., Morgan, Nagel, Nelson, Nicholas, Osborn, Parady, Paseneaux, Petersen, Philp, Reese, Robinson, Rose, Ross, Samuelson, Shivler, Simons, Simpson, Slater, Stafford, Tempest, Thompson, Tipton, Tomassi, Warren, Wasserburger, Watt, Willford and Wostenberg.

Nays: Representative(s) Meuli and Sadler.

Ayes 58 Nays 2 Excused 0 Absent 0 Conflicts 0

02/26/2002 S Received for Introduction

02/26/2002 S Introduced and Referred to S01

03/04/2002 S01 Recommended Do Pass

ROLL CALL

Ayes: Senator(s) Hanes, Job, Meier, Schiffer and Sessions

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

03/04/2002 S Placed on General File

03/05/2002 S Passed CoW

03/06/2002 S Passed 2nd Reading

03/07/2002 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, J., Barton, Boggs, Cathcart, Coe, Decaria, Devin, Erb, Geis, Goodenough, Hanes, Harris, Hawks, Hinchey, Job, Kinnison, Kunz, Larson, Massie, Meier, Mockler, Peck, Roberts, Schiffer, Scott, Sessions, Vasey and Youngbauer.

Nays: Senator(s) Case and Miller

Ayes 28 Nays 2 Excused 0 Absent 0 Conflicts 0

03/07/2002 Assigned Number HEA No. 0014

03/07/2002 H Speaker Signed HEA No. 0014

03/08/2002 S President Signed HEA No. 0014

03/09/2002 Governor Signed HEA No. 0014

Chapter No. 0017 Session Laws of Wyoming 2002.