HOUSE BILL NO. HB0134 A BILL. for. AN ACT relating to crimes and offenses and criminal. procedure; repealing the death penalty; repealing

Transcription

1 0 STATE OF WYOMING LSO-0 HOUSE BILL NO. HB0 Death penalty repeal. Sponsored by: Representative(s) Watt A BILL for AN ACT relating to crimes and offenses and criminal procedure; repealing the death penalty; repealing procedures related to imposition and execution of death sentences; amending related provisions; providing applicability; and providing for an effective date. Be It Enacted by the Legislature of the State of Wyoming: 0 Section. W.S. --0, --0(b) and (c), -0-0, --0(c)(ii), -0-0(a), --0, --0(a)(intro), --0(a)(intro), --(a)(intro), --00(b)(i), --0(a)(i), --0(a)(ii) and (iii) and --0(a)(iii)(B), (C), (v)(b) and (C) are amended to read: --0. Grading. HB0

2 0 STATE OF WYOMING LSO-0 The penalty for attempt, solicitation or conspiracy is the same as the penalty for the most serious crime which is attempted, solicited or is an object of the conspiracy. except that an attempt, solicitation or conspiracy to commit a capital crime is not punishable by the death penalty if the capital crime is not committed Murder in the first degree; penalty. 0 (b) A person convicted of murder in the first degree shall be punished by death, life imprisonment without parole or life imprisonment according to law, except that a person convicted of murder in the first degree who was under the age of eighteen () years at the time of the offense shall be punished by life imprisonment. 0 (c) For a person convicted of murder in the first degree, in a case in which the state seeks the death penalty shall be sentenced in accordance with the provisions of W.S In all other cases, including any case in which the state has determined not to seek the death penalty at any stage of the proceeding, the judge shall determine the sentence of life imprisonment without parole or life imprisonment taking into consideration any HB0

3 0 STATE OF WYOMING LSO-0 negotiated plea agreement and any evidence relevant to a determination of sentence which the court deems to have probative value "Felony" and "misdemeanor" defined. Crimes which may be punished by death or by imprisonment for more than one () year are felonies. All other crimes are misdemeanors Representation of needy persons. (c) A needy person who is entitled to be represented by an attorney under subsection (a) of this section is entitled: 0 (ii) To be represented in any appeal to a Wyoming court, and in cases in which the death penalty has been imposed or in such other cases as the state public defender deems appropriate, in a writ of certiorari to the United States supreme court, and in proceedings under W.S. --0 through --0; Right of defendant. HB0

4 0 STATE OF WYOMING LSO-0 (a) A person arrested for an offense not punishable by death may be admitted to bail Presence of defendant. 0 0 Except as otherwise provided by this section, the defendant shall be present at the arraignment, at every stage of the trial, including the impaneling of the jury, and the return of the verdict and at the imposition of sentence. In prosecution for offenses, not punishable by death, the defendant's voluntary absence after the trial has been commenced in his presence shall not prevent continuing the trial to and including the return of the verdict. A corporation may appear by counsel for all purposes. In prosecutions of all misdemeanor cases, the court, with the written consent of the defendant, may permit arraignment, plea, and imposition of sentence in a defendant's absence. The defendant's presence is not required at a reduction of sentence hearing Split sentence of incarceration in county jail followed by probation; civil liability of county officers and employees. HB0

5 0 STATE OF WYOMING LSO-0 (a) Following a defendant's conviction of, or his plea of guilty to any felony, other than a felony punishable by death or life imprisonment, the court may impose any sentence of imprisonment authorized by law and except as provided in subsection (g) of this section, may in addition provide: Placing person convicted on probation; suspension of imposition or execution of sentence; imposition of fine. (a) After conviction or plea of guilty for any offense, except crimes punishable by death or life imprisonment, and following entry of the judgment of conviction, the court may: --. Medical parole; conditions. 0 (a) Notwithstanding any other provision of law restricting the grant of parole, except for inmates sentenced to death or life imprisonment without parole, the board may grant a medical parole to any inmate meeting the conditions specified in this section. The board shall HB0

6 0 STATE OF WYOMING LSO-0 consider a medical parole upon receipt of written certification by a licensed treating physician that, within a reasonable degree of certainty, one () of the following circumstances exist: Establishment of program; eligibility; rulemaking authority. 0 (b) In addition to any other eligibility requirements adopted by the department, an inmate is eligible for placement in the youthful offender program only if he: (i) Is serving a sentence of imprisonment at a state penal institution for any offense other than a felony punishable by death or life imprisonment; amount Disposition of earnings; confidentiality of 0 (a) Payment for services performed by any prisoner under W.S. --0 shall be deposited in the trust and agency account at the institution and shall be disbursed for the purposes provided in this subsection and in the order specified: HB0

7 0 STATE OF WYOMING LSO-0 0 (i) Unless the prisoner is serving a sentence of death or life without the possibility of parole or is subject to mandatory savings under W.S. --0(b)(i), ten percent (0%) shall be credited to the prisoner's personal savings account within the correctional facility's trust and agency account, until the prisoner's account has a balance of one thousand dollars ($,000.00). Once the prisoner's personal savings account balance reaches one thousand dollars ($,000.00), the income otherwise distributed to the prisoner's savings account under this paragraph shall be distributed to the prisoner as provided by paragraphs (ii) through (vi) of this subsection. Funds in the prisoner's personal savings account shall be paid to the prisoner upon parole or final discharge; --0. Eligibility. 0 (a) No inmate is eligible for work release consideration who: (ii) Has been convicted of first degree murder; or HB0

8 0 STATE OF WYOMING LSO-0 (iii) Is serving a term of life imprisonment.; or --0. Definitions. (a) As used in this act: (iii) "Inmate" means an adult serving a felony 0 sentence in any state penal institution or any correctional facility operated pursuant to a contract under W.S. --0, excluding any inmate who: (B) Has been convicted of first degree murder; or imprisonment.; or (C) Is serving a term of life (v) "Offender" means an adult who has entered a 0 plea of guilty or has been convicted of a misdemeanor punishable by imprisonment or a felony, excluding any person who: HB0

9 0 STATE OF WYOMING LSO-0 (B) Has been convicted of, or pled guilty to, first degree murder; or (C) Has been convicted of, or pled guilty to, a crime punishable by life imprisonment.; or 0 Section. W.S. --0, --0, --0(c)(iii), -0-0(a)(i), -0-0(b), --0(a)(iii), --0, --0 through --, --0(a)(iv) and --0(a)(iii)(D) and (v)(d) are repealed. Section. This act does not apply to crimes committed prior to the effective date of this act. Prosecutions for a crime shall be governed by the law in effect on the date when the crime occurred. A crime was committed prior to the effective date of this act if any of the elements of the crime occurred prior to the effective date of this act. HB0

10 0 STATE OF WYOMING LSO-0 Section. This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article, Section of the Wyoming Constitution. (END) 0 HB0