H.B. No. 0140

Sex offenses.

 

Sponsored By:     Representative(s) Gingery and Hammons and Senator(s) Jennings

 

AN ACT relating to crimes and offenses; amending penalties for specified sexual offenses; establishing crimes for sexual abuse of minors as specified; providing penalties; amending definitions; conforming provisions; amending hearing requirements to determine the level of risk for sex offenders; repealing the moderate risk category for sex offender registration; repealing specified sexual offenses committed against minors; and providing for an effective date.

 

2/13/2006   Bill Number Assigned

2/14/2006   H Received for Introduction

2/15/2006   H Introduced and Referred to H01

 

ROLL CALL

Ayes:  Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jones, Jorgensen, Landon, Lockhart, Lubnau, Luthi, Martin, McOmie, Mercer, 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) Jackson.

Ayes 59    Nays 0    Excused 1    Absent 0    Conflicts 0

 

2/23/2006   H01 Recommended Amend and Do Pass

 

ROLL CALL

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

Nays:  Representative(s) Alden

Ayes 8    Nays 1    Excused 0    Absent 0    Conflicts 0

 

2/23/2006   H Placed on General File

 

HB0140HS001/ADOPTED

Page 1-line 4           Before "definitions" insert "definition of violent felony and other".

Page 1-line 8           After "minors;" insert "specifying requirements for disclosure of identity of minor victims;".

Page 2-line 9           After "age" delete balance of line.

Page 2-line 10          Delete entirely.

Page 2-line 11          Delete the line through "person".

Page 3-line 2           Delete "forty".

Page 3-line 3           Delete "(40)" insert "fifty (50)".

Page 3-line 6           Delete "Ten (10)" insert "Five (5)".

Page 3-line 10          Delete "Twelve (12)" insert "Seven (7)".

Page 3-line 16          Delete "Fifteen (15)" insert "Five (5)".

Page 3-line 20          Delete "Twenty-five (25)" insert "Ten (10)".

Page 4-line 14          Delete ",".

Page 4-lines 15 through 17    Delete entirely.

Page 4-line 18          Delete the line through "person".

Page 4-line 22          After "age" delete balance of line.

Page 4-line 23          Delete entirely.

Page 4-line 24          Delete the line through "person".

Page 5-line 6           After ";" insert "or".

Page 5-lines 8 through 11     Delete entirely.

Page 5-line 13          Delete "(v)" insert "(iv)".

Page 6-line 1           Delete "Five (5)" insert "Two (2)".

Page 6-line 5           Delete "Eight (8)" insert "Five (5)".

Page 6-line 19          Delete "sixteen (16)" insert "seventeen (17)".

Page 7-line 14          Delete "ten".

Page 7-line 15          Delete "(10)" insert "fifteen (15)".

Page 7-line 16          Delete "two (2) years" insert "one (1) year".

Page 8-line 22          Delete "two (2) years" insert "one (1) year".

Page 10-line 16         After "disclosure" delete balance of the line.

Page 10-line 17         Delete entirely and insert "of the name of the minor victim, unless the name has been publicly disclosed by the parent or legal guardian of the minor or by law enforcement in an effort to find the victim.  The trial court may, to the extent necessary to protect the welfare of the minor victim, restrict disclosure of the information reasonably likely to identify the minor victim.".

Page 11-line 11         After "(iv)," insert "6‑1‑204(a)(xii),".

Page 12-After line 6    Insert:

"6‑1‑104.  Definitions.

(a)  As used in W.S. 6‑1‑101 through 6‑10‑203 unless otherwise defined:

(xii)  "Violent felony" means murder, manslaughter, kidnapping, sexual assault in the first or second degree, robbery, aggravated assault, aircraft hijacking, arson in the first or second degree, or aggravated burglary or a violation of W.S. 6‑2‑314(a)(i) or 6‑2‑315(a)(ii);". 

Page 13-line 1          Delete new language and reinsert stricken language.

Page 14-line 13         Delete new language and reinsert stricken language.

Page 17-line 10         Delete "through 6‑2‑317" and insert ","; strike "provided the".

Page 17-lines 11 and 12 Strike all existing language and delete all new language.

Page 17-line 13         Strike "the victim,".

Page 18-line 14         Delete "6‑2‑314" insert "6‑2‑315"; after "6‑2‑317" insert ","; strike "provided the".

Page 18-lines 15 and 16 Strike all existing language and delete all new language.

Page 18-line 17         Delete "three (3)"; strike "years older than the victim,".  LANDON, CHAIRMAN

 

HB0140HW001/ADOPTED

Page 14-line 13         Delete the standing committee amendment (HB0140HS001/A) to this line and further amend as follows:  delete "twenty-five (25)" insert "ten (10)".  GINGERY

 

2/24/2006   H Passed CoW

 

HB0140H2002/FAILED

Page 6-lines 1 through 3      Delete entirely, including the standing committee amendment (HB0140HS001/A) and the Pedersen et al. second reading amendment (HB0140H2001/A) to this line.

Page 7-line 16          After "offense" insert "which resulted from a charge separately brought and which arose out of a separate occurrence in this state or elsewhere under W.S. 6‑2‑302 through 6‑2‑304, 6‑2‑314 or 6‑2‑315, or a criminal statute containing the same or similar elements as a crime defined in W.S. 6‑2‑302 through 6‑2‑304, 6‑2‑314 or 6‑2‑315".

Page 8-line 22          After "offense" insert "which resulted from a charge separately brought and which arose out of a separate occurrence in this state or elsewhere under W.S. 6‑2‑302 through 6‑2‑304, 6‑2‑314 or 6‑2‑315, or a criminal statute containing the same or similar elements as a crime defined in W.S. 6‑2‑302 through 6‑2‑304, 6‑2‑314 or 6‑2‑315".  LANDON

 

HB0140H2004/FAILED

Page 1-line 4           After ";" delete "amending".

Page 1-lines 5 and 6    Delete entirely.

Page 1-line 7           Delete the line through ";".

Page 3-line 3           Delete "under".

Page 3-lines 4 through 18     Delete entirely, including the standing committee amendment (HB0140HS001/A) and the Pedersen second reading amendment (HB0140H2001/A) to these lines.

Page 3-line 20          Delete the standing committee amendment (HB0140HS001/A) to this line;

Delete the Pedersen second reading amendment (HB0140H2001/A) to this line;

Further amend as follows: delete the line through "or"; after "life" insert "imprisonment".

Page 5-line 20          Delete "under".

Page 5-line 21          Delete entirely.

Page 6-lines 1 through 3      Delete entirely, including the standing committee amendment (HB0140HS001/A) and the Pedersen second reading amendment (HB0140H2001/A).

Page 6-line 5           Delete the standing committee amendment (HB0140HS001/A) to this line; Delete the Pedersen second reading amendment (HB0140H2001/A) to this line; Further amend as follows: delete the line through "or"; after "life" insert "imprisonment".

Page 7-line 15          After "years" delete balance of line.

Page 7-line 16          Delete the standing committee amendment (HB0140HS001/A) to this line;

Delete the Pedersen second reading amendment (HB0140H2001/A) to this line;

Delete the Landon second reading amendment (HB0140H2003/A) to this line;

Further amend as follows: delete the line through "years".

Page 8-line 21          After "years" delete balance of line.

Page 8-line 22          Delete the standing committee amendment (HB0140HS001/A) to this line;

Delete the Pedersen second reading amendment (HB0140H2001/A) to this line;

Delete the Landon second reading amendment (HB0140H2002) to this line;

Further amend as follows: delete the line through "years".

Page 11-line 13         Delete "6‑4‑303(c),".

Page 11-line 14         After "(xiii)" delete ",".

Page 11-line 15         Delete "7‑19‑303(c)(intro)".

Page 13-line 1          Delete the Pedersen second reading amendment (HB0140H2001/A to this line).

Page 13-line 6          Delete all new language.

Page 14-line 13         Delete the Gingery committee of the whole amendment (HB0140HW001/A) to this line;

Delete the Pedersen second reading amendment (HB0140H2001/A).

Page 16-lines 1 through 8     Delete entirely.

Page 19-lines 1 through 24    Delete entirely.

Page 20-lines 1 through 14    Delete entirely.

Page 21-line 6          Delete ", 7‑19‑303(c(ii)".  WARREN

 

HB0140H2001/ADOPTED  (CORRECTED COPY)

Page 3-line 20          Delete the standing committee amendment (HB0140HS001/A) to this line.

Page 14-line 13         Delete the standing committee amendment (HB0140HS001/A) to this line; delete the Gingery committee of the whole amendment (HB0140HW001/A) to this line.  PEDERSEN, HARVEY

 

HB0140H2003/FAILED  (CORRECTED COPY)

Page 13-line 6          Delete all new language.  LANDON

 

2/27/2006   H Passed 2nd Reading

2/28/2006   H Objection to Lay Back Passed

 

ROLL CALL

Ayes:  Representative(s) Anderson, R., Bagby, Barnard, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Gay, Gingery, Goggles, Hammons, Harshman, Harvey, Hastert, Hinckley, Illoway, Jackson, Jones, Jorgensen, Lubnau, Luthi, Martin, McOmie, Mercer, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Powers, Quarberg, Reese, Samuelson, Walsh, Watt and White.

Nays:  Representative(s) Alden, Berger, Brechtel, Esquibel, Gilmore, Hageman, Iekel, Landon, Lockhart, Philp, Robinson, Semlek, Simpson, Slater, Thompson, Warren, Wasserburger and Zwonitzer.

Ayes 42    Nays 18    Excused 0    Absent 0    Conflicts 0

 

2/28/2006   H Passed 3rd Reading

 

ROLL CALL

Ayes:  Representative(s) Alden, Anderson, R., Barnard, Berger, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Edwards, Esquibel, Gay, Gingery, Goggles, Hammons, Harshman, Harvey, Hastert, Hinckley, Illoway, Jackson, Jones, Jorgensen, Lockhart, Luthi, Martin, McOmie, Mercer, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh and White.

Nays:  Representative(s) Bagby, Brechtel, Diercks, Gilmore, Hageman, Iekel, Landon, Lubnau, Warren, Wasserburger, Watt and Zwonitzer.

Ayes 48    Nays 12    Excused 0    Absent 0    Conflicts 0

 

3/1/2006    S Received for Introduction

3/1/2006    S Introduced and Referred to S10; No Report Prior to CoW Cutoff

3/11/2006   Died In Committee