H.B. No. 0164
Prescription drug fraud-felony.
Sponsored By: Representative(s) Simpson, Buchanan, Childers and Gingery and Senator(s) Coe and Perkins
AN ACT relating to controlled substances; amending the Wyoming Controlled Substances Act of 1971 to provide a penalty for the alteration or forgery of a prescription or written order; and providing for an effective date.
1/13/2009 Bill Number Assigned
1/14/2009 H Received for Introduction
1/14/2009 H Introduced and Referred to H01
1/19/2009 H01 Recommended Amend and Do Pass
Ayes: Representative(s) Bagby, Barbuto, Cannady, Gingery, Mercer, Patton and Quarberg
Nays: Representative(s) Peasley and Throne
Ayes 7 Nays 2 Excused 0 Absent 0 Conflicts 0
1/19/2009 H Placed on General File
Page 1-line 3 After "alteration" insert "or forgery".
Page 1-line 8 Delete "35-7-1033(b)(intro)" insert "35-7-1033(a)(iii)(intro) and (B), (b)(intro)".
Page 1-After line 12 Insert:
"(a) It is unlawful for any person knowingly or intentionally:
(iii) To acquire or obtain possession of, to procure or attempt to procure the administration of, or to obtain a prescription for, any controlled substance by misrepresentation, fraud, forgery, deception or subterfuge. The conduct prohibited by this paragraph includes but is not limited to:
(B) Alteration or forgery of a prescription or written order for a controlled substance; and". GINGERY, CHAIRMAN
Page 1-line 9 Delete "is" insert "and 35-7-1038(a) are".
Page 2-line 3 After "guilty" insert "of a second or subsequent offense".
Page 3-After line 7 Insert:
"35-7-1038. Second or subsequent offenses; mandatory minimum penalty for certain subsequent offenses.
(a) Unless otherwise provided under W.S. 35-7-1031(c) or 35-7-1033(d), any person convicted of a second or subsequent offense under this act may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. The judge may suspend part or all of the discretionary portion of an imprisonment sentence or fine under this subsection and place the defendant on probation pending successful completion, at the defendant's own expense, of a chemical addiction evaluation or treatment program prescribed by the judge." CONNOLLY
1/21/2009 H Passed 2nd Reading
1/22/2009 H Passed 3rd Reading
Ayes: Representative(s) Anderson, R., Barbuto, Berger, Bonner, Brown, Buchanan, Cannady, Carson, Childers, Cohee, Craft, Davison, Edmonds, Esquibel, K., Gingery, Hammons, Harshman, Harvey, Illoway, Jaggi, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Millin, Moniz, Patton, Pedersen, Petersen, Philp, Quarberg, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters and Thompson
Nays: Representative(s) Bagby, Blake, Brechtel, Byrd, Connolly, Diercks, Gilmore, Goggles, Hales, Hallinan, Landon, Miller, Peasley, Roscoe, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Jorgensen
Ayes 41 Nays 18 Excused 1 Absent 0 Conflicts 0
1/27/2009 S Received for Introduction
1/28/2009 S Introduced and Referred to S01
2/9/2009 S01 Recommended Amend and Do Pass
Ayes: Senator(s) Burns, Decaria, Perkins, Ross and Sessions
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/9/2009 S Placed on General File
HB0164SS001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 9 Delete "is" insert "and 35-7-1037 are".
Page 2-after line 21 Insert:
"35-7-1037. Probation and discharge of first offenders.
Whenever any person who has not previously been convicted of any offense under this act or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under W.S. 35-7-1031(c) or 35-7-1033(a)(iii)(B), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under W.S. 35-7-1038. There may be only one (1) discharge and dismissal under this section with respect to any person. This section shall not be construed to provide an exclusive procedure. Any other procedure provided by law relating to suspension of trial or probation, may be followed, in the discretion of the trial court.". ROSS, CHAIRMAN
2/18/2009 S Passed CoW
2/19/2009 S Passed 2nd Reading
2/20/2009 S Passed 3rd Reading
Ayes: Senator(s) Anderson, J., Burns, Coe, Cooper, Decaria, Dockstader, Hastert, Hunnicutt, Jennings, Johnson, Landen, Larson, Massie, Perkins, Peterson, Ross, Sessions, Townsend and Von Flatern
Nays: Senator(s) Bebout, Case, Esquibel, F., Geis, Hines, Meier, Nicholas, Schiffer, Scott and Vasey
Excused: Senator(s) Martin
Ayes 19 Nays 10 Excused 1 Absent 0 Conflicts 0
2/20/2009 H Received for Concurrence
2/23/2009 H Did Concur
Ayes: Representative(s) Anderson, R., Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Cannady, Childers, Cohee, Craft, Edmonds, Gingery, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Landon, Lockhart, Lubnau, McOmie, Mercer, Meyer, Miller, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters and Thompson
Nays: Representative(s) Bagby, Byrd, Carson, Connolly, Diercks, Esquibel, K., Gilmore, Goggles, Madden, McKim, Millin, Roscoe, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Davison and Jorgensen
Ayes 42 Nays 16 Excused 2 Absent 0 Conflicts 0
2/23/2009 Assigned Number HEA No. 0057
2/26/2009 H Speaker Signed HEA No. 0057
2/26/2009 S President Signed HEA No. 0057
2/27/2009 Governor Signed HEA No. 0057
3/2/2009 Assigned Chapter Number
Chapter No. 0078 Session Laws of Wyoming 2009.