Starting next Wednesday, July 1, several new laws passed by the Wyoming Legislature earlier this year will go into effect.
During the 2009 General Session, the Legislature approved 211 bills that go into effect July 1 or have already gone into effect this year. A complete list of the bills can be found at the Wyoming Legislature Web site, http://legisweb.state.wy.us.
Included in the 211 bills is a new statewide careless driving law. Circuit Court Judge Thomas Harrington said most Wyoming municipalities have careless driving ordinances but the state has had only a reckless driving charge.
The new careless driving state law states, “Any person who drives any vehicle in a manner inconsistent with the exercise of due and diligent care normally exercised by a reasonably prudent person under similar circumstances and where such operation of a motor vehicle creates an unreasonable risk of harm to other persons or property is guilty of careless driving.”
Harrington said the burden of proof will not be as heavy with careless driving compared to reckless driving.
Basin Police Sgt. Bob Willson said to be convicted of reckless driving intent and disregard for public safety must be proven. Careless driving is more for when people are not paying attention, he said.
Harrington agreed, adding that driver distraction from changing a CD or eating to talking or texting on a cell phone could be handled under the new charge.
During the legislative session, Sen. Gerry Geis said that after a bill to prohibit cell phone use while driving and another to prohibit texting while driving were defeated, the careless driving bill was introduced as a compromise to try and address some of the concerns.
The Legislature also approved House Bill 26, which increases the power of circuit court magistrates. Judge Harrington said the law will “help make sure things are handled in a timely manner.”
The new law allows full-time magistrates to “arraign, try and sentence defendants in criminal cases amounting to misdemeanors for which the punishment prescribed by law does not exceed imprisonment for more than one year, regardless of the amount of the fine.” Previous law limited magistrates to cases with imprisonment of not more than six months and fines of up to $750.
Harrington said Big Horn County is in great shape with Magistrate Randy Royal, a full-time magistrate, handling court duty in Basin on Mondays. He said there is also a full-time magistrate in Hot Springs County that handles court on Monday. With most charges filed over the weekend, Monday is the busiest court day, he said. There is only a part-time magistrate in Washakie County where Harrington’s main office is. He said he handles court in Lovell and Worland on Mondays.
Other laws that go into effect July 1 include:
• Senate File 88 allows judges to order the use of an ignition interlock device for driving-under-the-influence offenders, including with a first offense.
Judge Harrington said defendant will have to pay to have the device added to his/her vehicle. He said he anticipates judges will include the device in sentencing as they become more familiar with the law.
He said it will give some DUI offenders the opportunity to drive to work, when otherwise they could have their license suspended and be unable to drive to work.
• SF 43, which restricts the release of the names of an “alleged actor” or the victim of any sexual assault prior to the filing of any information or indictment in district court.
• SF 130 added a new penalty for aggravated child abuse — a felony punishable by imprisonment for not more than 25 years if in the course of committing the crime of child abuse … if the person intentionally or recklessly inflicts serious bodily injury upon the victim.
• HB 137 allows for videotaping depositions of minors under 12 years of age in sexual assault cases.
• HB 72 outlines information on inmates that may be released by county jails including any conviction for which the individual was committed; sentencing information, date of release.
• HB 164 provides a penalty for the alteration or forgery of a prescription. A person found guilty of forging a prescription is guilty of a felony punishable by imprisonment for not more than 10 years and/or a fine of not more than $10,000.
• HB 60 establishes a crime for sex offenses committed by corrections staff against persons under supervision by the corrections facility and provides that marriage or consent by the victim is not a defense.
• SF 84 added “attempts to cause” serious bodily injury to the definition of aggravated assault and battery.
• HB 207 prohibits Internet hunting or remote control hunting.
• SF 13 empowers the G&F Commission to regulate and control the collection of shed antlers and horns of big game animals for the purpose of minimizing the harassment or disturbance of big game populations.