State adds careless driving to list of traffic violations

By KARLA POMEROY

Starting next Wednesday, July 1, several new laws passed by the Wyoming Legislature earlier this year will go into effect.

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, 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.

Magistrate jurisdiction

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 help 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 70 requires that all defendants, who are charged with offenses that may result in the disqualification of the right to possess firearms, be advised of the possible disqualification of this right in open court. This includes those charged with misdemeanor crime of domestic violence.

• House Bill 20 allows the court to order the involuntary administration of antipsychotic medications to a person accused of a serious crime to render the accused able to stand trial.

• 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 … the person intentionally or recklessly inflicts seriously bodily injury upon the victim.

• HB 165 allows for the process for an adult adoption.

• HB 106 changes the time from one year to five years after a sentence is complete before a defendant can petition the court to have a record expunged.

• 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 297 changes the definition of simple assault to “a person is guilty of battery if he intentionally, knowingly or recklessly causes bodily injury by use of physical force.”

The law also adds a misdemeanor charge of “unlawful contact” defined as touching another person in a rude, insolent or angry manner without intentionally using sufficient physical force to cause bodily injury to another.

• SF 61 changes some definitions regarding residency for sex offender registration.

• 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 98 increases speeding fines for truck drivers.

• SF 84 added “attempts to cause” serious bodily injury to the definition of aggravated assault and battery.

G&F laws

• HB 6 allows the Game and Fish Commission to promulgate rules and regulations establishing specifications for snares, breakaway weights, location of breakaway devices, loop size and anchors for trapping and snaring of furbearing and predatory animals.

• 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.

• HB 11 makes changes to the law relating to dogs chasing wildlife. The new law states, “It is unlawful for any person to knowingly or negligently allow or direct a dog which he owns or is under his control to injure or threaten a big game animal with injury, whether or not the big game animal is actually injured by the dog, unless the dog was attempted to protect livestock or other property.”