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H.B. No. 0297 |
Simple assault. |
Sponsored By: Representative(s) Lubnau and Senator(s) Case
AN ACT relating to crimes and offenses; amending elements of simple battery to address the decision in United States v. Hays, 526 F.3d 674, (10th Cir., 2008); conforming provisions; providing legislative intent; and providing for an effective date.
1/29/2009 Bill Number Assigned
1/30/2009 H Received for Introduction
2/2/2009 H Introduced and Referred to H01
2/5/2009 H01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Bagby, Barbuto, Cannady, Gingery, Mercer, Patton, Peasley, Quarberg and Throne
Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0
2/5/2009 H Placed on General File
HB0297HS001/ADOPTED
Page 2-line 1 Delete "touching" insert "contact".
Page 2-line 4 Delete "touching" insert "contact".
Page 2-line 11 Delete "touching" insert "contact". GINGERY, CHAIRMAN
HB0297HW001/ADOPTED
Page 1-line 3 After "2008);" insert "conforming provisions;".
Page 1-line 8 After "(b) insert ", (f)(i) and (ii)".
Page 1-line 9 Delete "is" insert "and 7-20-102(a) are".
Page 1-line 13 Strike "unlawfully".
Page 1-line 14 Strike all existing language.
Page 1-line 15 Delete "that".
Page 1-after line 16 Insert:
"(f) A household member as defined by W.S. 35-21-102 who commits a second or subsequent battery against any other household member shall be punished as follows:
(i) A person convicted upon a plea of guilty
or no contest or found guilty of a second offense under this subsection against
any other household member, after having been convicted upon a plea of guilty
or no contest or found guilty of a violation of W.S. 6-2-501(a), (b), (e) or (f) through (g),
6-2-502, 6-2-503, 6-2-504 or other substantially similar law of this or any
other state, tribe or territory against any other household member within the
previous five (5) years is guilty of a misdemeanor punishable by imprisonment
for not more than one (1) year, a fine of not more than one thousand dollars
($1,000.00), or both. Notwithstanding any other provision of law, the term of
probation imposed by a court under this paragraph may exceed the maximum term
of imprisonment established for this offense under this paragraph provided the
term of probation, together with any extension thereof, shall in no case exceed
two (2) years;
(ii) A person convicted upon a plea of
guilty or no contest or found guilty of a third or subsequent offense under
this subsection against any other household member, after having been convicted
upon a plea of guilty or no contest or found guilty of a violation of W.S.
6-2-501(a), (b), (e) or (f) through (g), 6-2-502, 6-2-503, 6-2-504 or other
substantially similar law of this or any other state, tribe or territory
against any other household member within the previous ten (10) years is guilty
of a felony punishable by imprisonment for not more than five (5) years, a fine
of not more than two thousand dollars ($2,000.00), or both.".
Page 2-line 5 After "by" insert "imprisonment for not more than six (6) months,".
Page 2-line 6 After "($750.00)" insert ", or both".
Page 2-after line 6 Insert:
"7-20-102. Arrests without warrant.
(a) In addition to arrests specified in W.S.
7-2-102, any peace officer who has probable cause to believe that a violation
of W.S. 6-2-501(a), (b), (e) or (f) through (g), 6-2-502(a) or 6-2-504(a) or (b) has
taken place within the preceding twenty-four (24) hours or is taking place and
that the person who committed or is committing the violation is a household
member as defined by W.S. 35-21-102(a)(iv), may arrest the violator without a
warrant for that violation, regardless of whether the violation was committed
in the presence of the peace officer.". LUBNAU
2/6/2009 H Passed CoW
2/9/2009 H Passed 2nd Reading
2/10/2009 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Madden, McKim, McOmie, Mercer, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Brechtel and Roscoe
Excused: Representative(s) Lockhart and Lubnau
Ayes 56 Nays 2 Excused 2 Absent 0 Conflicts 0
2/12/2009 S Received for Introduction
2/12/2009 S Introduced and Referred to S01
2/18/2009 S01 Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Burns, Decaria, Perkins, Ross and Sessions
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/18/2009 S Placed on General File
HB0297SW001/ADOPTED (TO ENGROSSED COPY)
Page 2-line 2 After "injury" insert "by use of physical force".
Page 3-line 15 Delete "an"; after "he" insert ": (i)".
Page 3-line 18 Delete "." insert "; or
(ii) Recklessly causes bodily injury to another person.
(h)".
Page 3-line 19 Delete "this subsection" insert "subsection (g) of this section". CASE
2/23/2009 S Passed CoW
2/24/2009 S Passed 2nd Reading
2/25/2009 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Bebout, Burns, Case, Coe, Cooper, Decaria, Dockstader, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Meier, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0
2/25/2009 H Received for Concurrence
2/26/2009 H Did Concur
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Ayes 60 Nays 0 Excused 0 Absent 0 Conflicts 0
2/26/2009 Assigned Number HEA No. 0075
2/27/2009 H Speaker Signed HEA No. 0075
2/27/2009 S President Signed HEA No. 0075
3/3/2009 Governor Signed HEA No. 0075
3/3/2009 Assigned Chapter Number
Chapter No. 0124 Session Laws of Wyoming 2009.