H.B. No. 0248

Minors possessing alcohol or controlled substances.

 

Sponsored By:                    Representative(s) Harshman, Hinckley, Watt and White and Senator(s) Barrasso and Vasey

 

AN ACT relating to crimes and offenses; modifying penalties for minors possessing alcohol or being under the influence of alcohol or controlled substances; modifying penalties for the offense of providing alcohol to minors; modifying penalties for minors with detectable alcohol concentrations operating vehicles; requiring substance abuse assessments; and providing for an effective date.

 

1/17/2005               Bill Number Assigned

1/18/2005               H Received for Introduction

1/18/2005               H Introduced and Referred to H01

1/28/2005               H01 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Bagby, Buchanan, Landon, Lubnau, Olsen, Robinson, Watt and White

Excused:  Representative(s) Alden

Ayes 8    Nays 0    Excused 1    Absent 0    Conflicts 0

 

1/28/2005               H Placed on General File

 

HB0248HS001/ADOPTED

Page 1-line 6                            After "vehicles;" insert "requiring municipal ordinances for unlawful possession of alcohol by a minor to subject offenders to specified penalties and sentencing requirements;".

Page 1-line 11                          Delete "7-13-1302,".

Page 1-line 12                          Delete "and (c)" insert ", (c), (d) and by creating new subsections (f) and (g)".

Page 1-line 14                          Delete entirely.

Page 2-lines 1 through 11         Delete entirely.

Page 2-line 23                          Delete "less than five".

Page 2-line 24                          Delete the line through "nor".

Page 3-line 11                          After "not" delete balance of line.

Page 3-line 12                          Delete the line through "nor".

Page 3-line 16                          Delete "five hundred dollars ($500.00)" insert "two hundred dollars ($200.00)".

Page 3-line 24                          Delete "under W.S. 7-13-1302" insert "conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9-2-2701(c) at or before sentencing".

Page 4-line 1                            Delete "any" insert "a second or subsequent".

Page 4-line 11                          After "not" delete balance of line.

Page 4-line 16                          Delete "five hundred dollars ($500.00)" insert "two hundred dollars ($200.00)".

Page 4-After line 22                 Insert:

"(d)  Any person who violates this section, or aids, abets or incites any violation hereof, is guilty of a misdemeanor, punishable to the same extent as the principal offense. 

(f)  For any fine imposed under this section, the court may allow the defendant to perform community service and be granted credit against his fine and court costs at the rate of five dollars ($5.00) for each hour of work performed.

(g)  Notwithstanding any other court rule or provision of law, any minor charged with a violation of subsection (b) or (c) of this section shall appear in court with a parent or legal guardian and shall not be permitted to forfeit bond in lieu of appearance.".

Page 5-line 6                            Reinsert stricken language and delete all new language.

Page 5-line 7                            Delete "more than'.

Page 5-line 13                          Delete "five hundred dollars ($500.00)" insert "two hundred dollars ($200.00)".

Page 5-line 20                          Strike "may" insert "shall".

Page 5-line 21                          Delete "under W.S. 7-13-1302" insert "conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9-2-2701(c) at or before sentencing".  LANDON, CHAIRMAN

 

2/2/2005 H Passed CoW

2/3/2005 H Passed 2nd Reading

2/4/2005 H Passed 3rd Reading

 

ROLL CALL

Ayes:  Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hammons, Harshman, Harvey, Hinckley, Iekel, Illoway, Jackson, Jones, Jorgensen, Landon, Latta, Lockhart, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.

Excused:  Representative(s) Childers, Hageman and Hastert.

Ayes 57    Nays 0    Excused 3    Absent 0    Conflicts 0

 

2/7/2005 S Received for Introduction

2/7/2005 S Introduced and Referred to S01

3/3/2005 Died In Committee