Committee approves felony upgrade for interference with a peace officer; prosecutors urged the change

Senator Kohl (Kolb in parts of the transcript) presented Senate File 87 to the Judiciary Committee, describing the measure as an amendment to the existing offense of interference with a peace officer that elevates some conduct to a felony. Under the sponsor’s description, the bill adds language that would make it a felony (punishable by up to 10 years) if a person ‘‘in the course of violating subsection a of this section causes bodily injury to a peace officer while that peace officer is engaging in the lawful performance of his official duties.’'

Sponsor and committee members debated the mens rea element. Senator Kohl said the change was requested by county prosecutors who at times struggle to prove a defendant’s state of mind beyond a reasonable doubt in cases where an officer was injured. The sponsor said the bill provides "another tool in the toolbox" for prosecutors while preserving an element of mens rea that would still require proof that a person "knowingly obstructed, impeded, or interfered."

Alan Thompson, executive director of the Wyoming Association of Sheriffs and Chiefs of Police (WASCOP), testified in support and cited statutory definition 6-1-104 for "bodily injury," describing it to the committee as "a cut, abrasion, burn, disfigurement, physical pain, impairment of the function of a bodily member organ or mental faculty." He echoed committee members asking for congruent phrasing so the statute clearly covers officers "while engaged" in duty and not create a narrow reading that could exclude associated injuries.

Senator Crago moved a technical amendment to strike the words "that peace officer is" in the draft to harmonize phrasing across subsections; the committee adopted the amendment. The Judiciary Committee then approved the bill as amended in a roll-call vote, with five members recorded in favor.

The committee left open the option of further technical edits for floor consideration and noted the amendment preserved mens rea safeguards while broadening prosecutorial options. The bill now proceeds to the full Senate.