HB 184

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                           STATE OF WYOMING
                           HOUSE BILL NO. HB0184
 Juveniles-criminal deferral.
 Sponsored by:      Representative(s) Ottman, Lucas, Singh  and
                    Webber and Senator(s) Olsen
                                    A BILL
                                        for
1 AN ACT relating to juveniles; creating a criminal deferral
2 process for juveniles who commit misdemeanors as specified;
3 making       conforming       amendments;     and       providing       for    an
4 effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8Section 1.       W.S. 14-6-253 is created to read:
9
1014-6-253.       Deferral        of      criminal  proceedings;
11 juveniles.
12
13(a)    If   a    juvenile       who   has    not      been    previously
14 convicted of any misdemeanor or felony is charged with,
15 found    guilty    of    or   pleads    guilty     or   no   contest     to   any
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1 misdemeanor       that    the   district     attorney      deems,       following
2 assessment as the single point of contact for the juvenile
3 system, not treatable under the other provisions of title
4 14 of the Wyoming statutes, the circuit court may, with the
5 consent of the juvenile and the state and without entering
6 a    judgment      of      guilt      or    conviction,  defer    further
7 proceedings and place the juvenile on probation for a term
8 of   not   more    than     eighteen       (18)   months    upon    terms    and
9 conditions set by the circuit court. The terms of probation
10 shall require that the juvenile:
11
12(i)     Report to the circuit court not less than
13 two (2) times each year at times and places fixed by court
14 order;
15
16(ii)     Act in a law-abiding manner;
17
18(iii)        Not leave the state without the consent of
19 the circuit court;
20
21(iv)     Follow     any    other      terms    of   probation     the
22 circuit court finds proper; and
23
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1(v)       Pay restitution to each victim in accordance
2 with W.S. 7-9-101 through 7-9-115.
3
4(b)    If    the     circuit        court        finds    the       juvenile       has
5 fulfilled the terms of probation and that the juvenile has
6 been   rehabilitated  to     the      satisfaction  of    the    circuit
7 court, the circuit court may at the end of eighteen (18)
8 months,      or    at    any    time      more    than    six     (6)      months       after
9 originally placing the juvenile on probation, discharge the
10 juvenile from probation and dismiss each charge.
11
12(c)    If the juvenile violates a term or condition of
13 probation at any time before the final discharge of the
14 charges,      the        circuit      court       may    take     one      (1)     of     the
15 following actions:
16
17(i)       Enter        an        adjudication        of       guilt  and
18 conviction  and    proceed  to    impose     a    sentence  upon   the
19 juvenile      if    the     juvenile  previously        pled    guilty       or   was
20 found guilty of the original charge or charges for which
21 probation was granted under this section;
22
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1(ii)    Order that the trial of the original charge
2 proceed if the juvenile has not previously pled or been
3 found guilty; or
4
5(iii)       Order   that the        matter    be transferred    to
6 the juvenile court pursuant to a proceeding conducted in
7 accordance with W.S. 14-6-237.
8
9(d)   Discharge and dismissal under this section shall
10 be without adjudication of guilt and is not a conviction
11 for any purpose.
12
13(e)   There       shall   be       only    one     (1)   discharge   and
14 dismissal under this section for juveniles who have not yet
15 reached eighteen (18) years of age at the time the crime
16 was committed.
17
18Section      2.    W.S.    1-40-119(b),  5-9-134,   5-12-116,
19 5-12-118(b),  6-10-102,  6-10-103,  7-9-101(a)(i),
20 7-13-301(e),  7-13-1202(a)(iv),  7-13-1301(a)(iii),
21 7-13-1303(a),        21-2-802(g)(i)  and    31-5-233(f)(intro)       and
22 (ii) are amended to read:
23
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11-40-119.        Surcharge        to     be  assessed        in   certain
2 criminal cases; paid to account.
3
4(b)     The   surcharge       enumerated  in    subsection        (a)    of
5 this section shall be imposed upon any defendant for whom
6 prosecution,  trial   or     sentence  is    deferred        under     W.S.
7 7-13-301 and 7-13-302 or 14-6-253 or who participates in
8 any other diversion agreement.
9
105-9-134.  Probation;       correction  and      reduction        of
11 sentence.
12
13 The     circuit      court    may    place  a    criminal  defendant       on
14 probation      pursuant      to   W.S.        7-13-301  through    7-13-307       or
15 14-6-253. Notwithstanding any other provision of law, the
16 probation period for a defendant whose disposition includes
17 participation in a substance abuse treatment program or a
18 court supervised treatment program may exceed the maximum
19 term of imprisonment established for the offense, but shall
20 not exceed three (3) years.  The court shall conduct, on at
21 least    a    monthly      basis,    a       review      on        the   progress      of    a
22 defendant sentenced to treatment under this section.  The
23 review       may   be    conducted       in     a       manner       the     court    deems
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1 appropriate, but shall include receiving regular progress
2 reports from the treatment provider.
3
45-12-116.  Municipal courts.
5
6 A   municipal       judge     may       place        a    criminal        defendant     on
7 probation     pursuant       to    W.S.        7-13-301        through       7-13-307    or
8 14-6-253      and    require        the       defendant  as    a    probationary
9 condition      to    participate  in    a    program  under    this    act.
10 Notwithstanding any other provision of law, the probation
11 period       for     a     defendant  whose       disposition  includes
12 participation in a program or a court supervised treatment
13 program      may    exceed        the     maximum  term      of    imprisonment
14 established  for     the     offense,  but    shall        not    exceed
15 thirty-six (36) months.
16
175-12-118.  Surcharge        to        be     assessed        in      certain
18 criminal cases; paid to account.
19
20(b)    The surcharge may be imposed upon any defendant
21 for whom prosecution, trial or sentence is deferred under
22 W.S. 7-13-301 and 7-13-302, 14-6-253 or 35-7-1037 or who
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1 participates       in     any     other    diversion       agreement    for    an
2 offense specified in subsection (a) of this section.
3
46-10-102.      Imposition of fine for any felony; maximum
5 fine   where    not     established        by   statute;    court    automation
6 fee; indigent civil legal services fee.
7
8 The court may impose a fine as part of the punishment for
9 any felony. If the statute does not establish a maximum
10 fine, the fine shall be not more than ten thousand dollars
11 ($10,000.00). The court shall impose a court automation fee
12 of forty dollars ($40.00) in every criminal case wherein
13 the defendant is found guilty, enters a plea of guilty or
14 no contest or is placed on probation under W.S. 7-13-301 or
15 14-6-253. The fee shall be remitted as provided by W.S.
16 5-3-205.    In addition to the court automation fee the court
17 shall impose an indigent civil legal services fee of ten
18 dollars    ($10.00)        in     every     criminal    case    wherein       the
19 defendant is found guilty, enters a plea of guilty or no
20 contest    or   is      placed    on   probation    under     W.S.     7-13-301,
21 14-6-253 or 35-7-1037.  The indigent civil legal services
22 fee shall be remitted as provided in W.S. 5-3-205(a)(ii).
23
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16-10-103.       Penalties  for        misdemeanors        where     not
2 prescribed by statute; court automation fee; indigent civil
3 legal services fee.
4
5 Unless   a   different  penalty        is   prescribed        by   law,    every
6 crime    declared        to    be    a     misdemeanor  is   punishable      by
7 imprisonment in the county jail for not more than six (6)
8 months, a fine of not more than seven hundred fifty dollars
9 ($750.00),        or    both.       The       court     shall    impose     a     court
10 automation fee of forty dollars ($40.00) in every criminal
11 case wherein the defendant is found guilty, enters a plea
12 of guilty or no contest or is placed on probation under
13 W.S. 7-13-301 or 14-6-253. The fee shall be remitted as
14 provided     by    W.S.       5-3-205.  In    addition      to    the    court
15 automation fee the court shall impose an indigent civil
16 legal    services        fee    of    ten        dollars      ($10.00)     in     every
17 criminal case wherein the defendant is found guilty, enters
18 a plea of guilty or no contest or is placed on probation
19 under W.S. 7-13-301 or 14-6-253.  The indigent civil legal
20 services     fee       shall    be        remitted       as     provided    in     W.S.
21 5-3-205(a)(ii).
22
237-9-101.        Definitions.
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1
2(a)    As used in this chapter:
3
4(i)    "Criminal       activity"  means      any     crime    for
5 which there is a plea of guilty, nolo contendere or verdict
6 of   guilty    upon     which    a    judgment  of    conviction      may   be
7 rendered and includes any other crime which is admitted by
8 the defendant, whether or not prosecuted. In the case of
9 restitution  ordered     under        W.S.     7-13-301       or    14-6-253,
10 "criminal activity" also includes a crime charged against
11 the defendant;
12
137-13-301.      Placing        person  found    guilty,       but     not
14 convicted, on probation.
15
16(e)    There    shall     be  only    one     (1)    discharge       and
17 dismissal under this section or under any similar section
18 of the probationary statutes of any other jurisdiction. Use
19 of a criminal deferral under W.S. 14-6-253 shall not be
20 considered a discharge and dismissal under this subsection.
21
227-13-1202.      Definitions.
23
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1(a)    As used in this act:
2
3(iv)        "Teen court" or "teen court program" means
4 an    alternative        sentencing        procedure  under        which    regular
5 court proceedings involving a teen charged with a minor
6 offense      may    be        deferred    and        subsequently  dismissed       on
7 condition that the defendant participate fully in the teen
8 court program and appear before a jury of teen peers for
9 sentencing and that the defendant successfully complete the
10 terms     and      conditions        of        the     sentence       imposed.  This
11 sentencing  is    in     addition        to    the     provisions  of   W.S.
12 7-13-301, 14-6-253 and 35-7-1037;
13
147-13-1301.  Definitions.
15
16(a)    As used in W.S. 7-13-1301 through 7-13-1304:
17
18(iii)  "Convicted"  means  an       unvacated
19 determination  of     guilt      by        any     court        having       legal
20 jurisdiction of the offense and from which no appeal is
21 pending and includes pleas of guilty and nolo contendere.
22 For    purposes  of    W.S.   7-13-1302  only,       "convicted"  shall
23 include  dispositions  pursuant  to      W.S.      7-13-301,
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1 7-13-302(a),      35-7-1037        or     deferred    prosecutions        when
2 ordered. Otherwise, for purposes of this act, "convicted"
3 shall not include dispositions pursuant to W.S. 7-13-301,
4 7-13-302(a), 14-6-253, 35-7-1037 or deferred prosecutions;
5
67-13-1303.      Suspended  sentence      for  qualified
7 offenders.
8
9(a)   Except    as   provided      in     subsection   (c)    of   this
10 section,     notwithstanding        any     other    provision      of    law,
11 qualified offenders may be placed on probation under W.S.
12 7-13-301 or 14-6-253, receive a suspended sentence under
13 W.S.    7-13-302(a)      or   placed        on    probation    under      W.S.
14 35-7-1037. The sentence or probation order shall set forth
15 the terms of a treatment program based upon the substance
16 use disorder assessment and any other terms and conditions
17 as the court may deem appropriate under the circumstances,
18 and    require   the    offender    to    satisfactorily      complete    the
19 treatment program. The court shall include in the sentence
20 or probation order any provisions necessary to reasonably
21 protect the health of the offender.
22
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121-2-802.       Powers   and       duties;       teacher      certification;
2 suspension and revocation; certification fees; disposition
3 of collected fees; required data submissions to department
4 of education.
5
6(g)    For purposes of this section:
7
8(i)     "Convicted"  or     "conviction"  means      an
9 unvacated determination of guilt by any court having legal
10 jurisdiction of the offense and from which no appeal is
11 pending.      Pleas    of   guilty        and       nolo   contendere        shall   be
12 deemed       convictions      for    the  purposes    of    this    section.
13 Dispositions        pursuant        to        W.S.     7-13-301,       14-6-253      or
14 35-7-1037 shall not be convictions for purposes of this
15 section;
16
1731-5-233.       Driving or having control of vehicle while
18 under     influence      of     intoxicating  liquor       or     controlled
19 substances; penalties.
20
21(f)    Any person convicted under this section or other
22 law     prohibiting      driving  while       under     the     influence     as
23 defined in W.S. 31-5-233(a)(v), or whose prosecution under
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1 this section is deferred under W.S. 7-13-301 or 14-6-253,
2 shall, in addition to the penalty imposed:
3
4(ii)      Except     as     provided      in     subsection      (n)    of
5 this section, for a first conviction, or for a prosecution
6 deferred      under        W.S.    7-13-301        or    14-6-253,  where     the
7 department's administrative action indicates the person had
8 an alcohol concentration of fifteen one-hundredths of one
9 percent      (0.15%)       or   more,     operate       only   vehicles       equipped
10 with    an    ignition  interlock       device,        pursuant      to     W.S.
11 31-7-401 through 31-7-404, for a period of six (6) months.
12 For     purposes        of        this     paragraph,  the       department's
13 administrative action shall be deemed to indicate a person
14 had an alcohol concentration of fifteen one-hundredths of
15 one    percent     (0.15%)        or     more   only     after       the    person    is
16 notified      of     and     given       the    opportunity  to     pursue    the
17 administrative procedures provided by W.S. 31-7-105;
18
19Section     3.      This    act     shall    apply      to     juveniles      who
20 commit misdemeanors within this state on or after July 1,
21 2026.
22
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1Section 4.   This act is effective July 1, 2026.
2
3(END)
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