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Committee advances bill to repeal Wyomingunauthorized-use-of-vehicle statute

2214269 · February 3, 2025
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Summary

The Judiciary Committee heard testimony and voted to advance House Bill 125, which would repeal the statestatute on unauthorized use of a motor vehicle (31-11-102) and allow prosecutors to charge vehicle theft under the general theft statute.

The Judiciary Committee advanced House Bill 125 on a voice and roll-call vote after testimony from prosecutors and law-enforcement officials who said the current unauthorized-use statute produces inconsistent outcomes for vehicle theft.

Sponsor testimony and prosecutors described two scenarios to illustrate the bill's purpose: a driver who takes a truck for a short ride and a person who strips a vehicle of its tires. Supporters said the current statute, 31-11-102, creates a defense for defendants who claim they only intended a temporary use, and that defense can reduce what otherwise would be felony thefts to misdemeanors.

District Attorney Dan Itson of Natrona County told the committee the change would not hamper law enforcement and said jurors and victims are often confused by the current distinction. "We have vehicles now that are $100,000 and somehow you can steal $100,000 and that's a misdemeanor," Itson said, arguing that charging under the general theft statute better matches modern vehicle values and prosecutors' tools.

Blaine Nelson, chief deputy in the Natrona County DA's office, highlighted a related statutory change: the theft statute now includes an aggregation provision for repeat offenders. He told the committee that the separate unauthorized-use provision is not included in that aggregation, and said, "one of the things that may happen there is that the joyriding statute is not included within that aggregate offense." Nelson testified that repealing 31-11-102 would align vehicle theft with other thefts for repeat-offender purposes.

Multiple law enforcement witnesses, including Captain Tremmel (remote), Chief Mike Thompson of Evansville Police Department and Alan Thompson of the Wyoming Association of Sheriffs and Chiefs of Police, testified in favor of the repeal, saying victims regularly expect more serious charges than the current misdemeanor provides and that vehicle thefts are sometimes connected to other crimes.

Committee members asked about potential unintended consequences and whether repealing the statute would "grow government" or subject innocent pranksters to harsher penalties. Sponsor testimony and prosecutors pointed to existing prosecutorial discretion, pre-court diversion programs and deferred-prosecution statutes that allow nonfelony handling of appropriate cases.

The committee took a motion, moved by Representative Lien and seconded by Representative Webb, to advance the bill. A roll call recorded eight aye votes; one member was recorded as excused. The committee closed testimony and advanced the bill for further consideration.

Votes at a glance

- House Bill 125 (Repeal of unauthorized use of motor vehicle, 31-11-102): Motion to advance moved by Representative Lien; seconded by Representative Webb. Recorded tally: yes 8, no 0, excused 1. Outcome: advanced from committee.

What's next

The committee advanced HB125; the bill will proceed through the Legislature's remaining committee and floor processes for further debate and final votes.