Back to Wyoming
Wyoming2011Did Not Pass

HB0198

HB0198: Rules for Evidence in Sex Offense Cases

Last scannedOct 19, 2026, 2:19 AM

In one sentence

This bill proposed rules allowing courts to admit evidence of similar past acts in criminal and civil cases involving sexual assault or child molestation, but it did not pass.

What it does

  • Proposes to allow evidence of other sexual assault offenses to be admitted in criminal cases where a defendant is accused of sexual assault.
  • Proposes to allow evidence of other child molestation offenses to be admitted in criminal cases where a defendant is accused of child molestation.
  • Proposes to allow evidence of similar acts to be admitted in civil cases involving claims for damages related to sexual assault or child molestation.
  • Requires the party offering this evidence to disclose it to the opposing party at least 15 days before the trial starts, unless the court allows a later time for good cause.
  • Defines specific terms like 'sexual assault' and 'child molestation' for the purpose of these evidence rules.

Who it affects

  • Courts handling criminal cases for sexual assault or child molestation.
  • Courts handling civil cases involving claims for damages related to these offenses.
  • Prosecutors and defense attorneys in criminal cases.
  • Plaintiffs and defendants in civil cases.

Limits and unknowns

  • The bill did not pass and was indefinitely postponed in the House Committee on Ways and Means.
  • The bill text provided is a working draft that includes proposed amendments, so the final language may differ from the original introduction.
  • The bill does not specify how judges will weigh the 'undue prejudice' of the evidence against its usefulness.

Plain language

Terms to know

Child
A person less than the age of fourteen (14).
Offer of proof
A statement or summary provided to the court showing why the evidence is relevant.
Probative value
The usefulness of evidence in proving a fact in the case.

Official record

Sources

Source checked

Public statements

Why lawmakers voted

Last checked Aug 7, 7:56 PM

Voted No

Why they voted this way

The lawmaker argues that existing case law already sufficiently governs evidence admissibility in these cases and believes the bill is unnecessary. He expresses concern that the legislation could lead to convictions based on prior bad acts rather than specific offenses.

Public statementFloor statement at 6:43 Watch the statement
Voted No

Why they voted this way

The lawmaker opposes the bill because he believes existing case law has already established fair procedures for introducing evidence, and this bill would overturn those precedents. He warns that allowing prior bad acts as primary evidence risks convicting people based on who they are rather than what they did.

Public statementFloor statement at 9:01 Watch the statement
Voted Yes

Why they voted this way

The lawmaker supports the bill as well-crafted legislation that levels the playing field by allowing evidence of a defendant's prior sexual misconduct under the same conditions used for victims. He trusts district court judges to act as gatekeepers with appropriate safeguards.

Public statementFloor statement at 10:27 Watch the statement
Voted No

Why they voted this way

The lawmaker opposes the bill because he believes making evidentiary decisions is the role of the courts, not the legislature. He argues that existing case law has successfully handled these issues for years.

Public statementFloor statement at 11:35 Watch the statement
Voted Yes

Why they voted this way

The lawmaker supports the bill to ensure consistency with an existing statute regarding victims' prior conduct. He argues that since the legislature already regulates evidence for victims, it should do the same for perpetrators to level the playing field.

Public statementFloor statement at 13:07 Watch the statement

If a lawmaker is not listed, we couldn't find a published reason.

Wyoming roll calls

Recorded votes

2 roll calls

Official activity

Bill history

  1. H Failed CoW; Indef PostponedHouse
  2. Amendment AdoptedHouse
  3. Amendment AdoptedHouse
  4. H Amendments AdoptedHouse
  5. H Placed on General FileHouse
  6. H01 Recommended Amend and Do PassHouse
  7. H Introduced and Referred to H01House
  8. H Received for IntroductionHouse
  9. Bill Number AssignedLSO

Changes

Amendments

2 stored

HB0198HW001

Adopted Committee of the Whole by BURKHART

HB0198HS001

Adopted Standing Committee by H01