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HB0022 • 2007

Law enforcement-disposal of property.

AN ACT relating to criminal procedure; specifying what seized property may be summarily disposed of; and providing for an effective date.

Crime
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Gingery
Last action
2007-03-04
Official status
enrolled
Effective date
7/1/2007

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0022HS001

Standing Committee • H01

Adopted

Plain English: Adopted Standing Committee by H01

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0022SW001

Committee of the Whole • PERKINS

Adopted

Plain English: Adopted Committee of the Whole by PERKINS

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2007-03-04 LSO

    Assigned Chapter Number - 182

  2. 2007-03-04 Governor

    Governor Signed HEA0111

  3. 2007-02-28 Senate

    S President Signed HEA No. 0111

  4. 2007-02-28 House

    H Speaker Signed HEA No. 111

  5. 2007-02-27 LSO

    Assigned Number HEA0111

  6. 2007-02-27 House

    H Did Concur

  7. 2007-02-27 House

    H Received for Concurrence

  8. 2007-02-27 Senate

    S Passed 3rd Reading

  9. 2007-02-26 Senate

    S Passed 2nd Reading

  10. 2007-02-23 Senate

    S Passed CoW

  11. 2007-02-23 Senate

    Amendment Adopted

  12. 2007-02-23 Senate

    S Amendments Adopted

  13. 2007-02-21 Senate

    S Placed on General File

  14. 2007-02-21 Senate

    S01 Recommended Do Pass

  15. 2007-02-05 Senate

    S Introduced and Referred to S01

  16. 2007-01-23 Senate

    S Received for Introduction

  17. 2007-01-17 House

    H Passed 3rd Reading

  18. 2007-01-16 House

    H Passed 2nd Reading

  19. 2007-01-15 House

    H Passed CoW

  20. 2007-01-15 House

    Amendment Adopted

  21. 2007-01-15 House

    H Amendments Adopted

  22. 2007-01-15 House

    H Placed on General File

  23. 2007-01-15 House

    H01 Recommended Amend and Do Pass

  24. 2007-01-10 House

    H Introduced and Referred to H01

  25. 2007-01-09 House

    H Received for Introduction

  26. 2006-12-06 LSO

    Bill Number Assigned

Official Summary Text

2007 General Session Summary for HB0022

Bill No.:
HB0022
Drafter:

JHR

LSO No.:
07LSO-0198
Effective Date:

7/1/2007

Enrolled Act No.:
HEA0111

Chapter No.:

Prime Sponsor:
Representative
Gingery

Catch Title:
Law
enforcement-disposal of property.

Subject:
Specifies property seized by law enforcement
that may be disposed of summarily.

Summary/Major Elements:

Under
current law, a process for disposition of property seized by law enforcement
agencies is specified in W.S. 7-2-105, for personal property, and in W.S.
35-7-1049, for controlled substances.

This act
specifies other personal property that may be disposed of summarily as follows:

When the
owner has been contacted and has declined to take possession of the property,
provided:

It is no
longer needed as evidence to prosecute a case, or for appellate review of a
case;

In a
misdemeanor case, after one year if no suspect has been identified or
prosecution has not been pursued;

In a felony
case, after five years if no suspect has been identified or prosecution has not
been pursued; or

When the
property is soiled, defective, demolished or waste;

If the
property has a value of $50.00 or less, after a specified period of time when
the owner of the personal property cannot be located, or has not responded
after contact was attempted, by the law enforcement agency;

The act also
provides that biological evidence relevant to a felony prosecution shall not be
destroyed until the person convicted in the case has died.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0022

ENROLLED ACT NO. 111, HOUSE OF REPRESENTATIVES

FIFTY-NINTH LEGISLATURE OF THE STATE OF WYOMING
2007 GENERAL SESSION

AN ACT relating to criminal procedure; specifying what seized property may be summarily disposed of; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 7
‑
2
‑
105 by creating new subsections (p) through (r) is amended to read:

7
‑
2
‑
105.

Disposition and appraisal of property seized or held; notice and order to show cause; judgment.

(p)

For purposes of this section, seized property that is not subject to W.S. 35
‑
7
‑
1049 may be summarily destroyed, provided the lawful owner has been contacted and has declined to take possession of the property, including:

(i)

Evidence that is no longer needed for the prosecution of a case, or needed for purposes of appellate review of the case;

(ii)

Evidence in misdemeanor cases in which the district attorney has determined that no suspect has been identified or prosecution has not been pursued for at least one (1) year;

(iii)

Evidence in felony cases in which the district attorney has determined that no suspect has been identified or prosecution has not been pursued for at least five (5) years;

(iv)

Soiled, defective, broken or demolished personal property, or waste.

(q)

Items of found property with a value of not more than fifty dollars ($50.00) for which the owner cannot be located, or if the owner has not responded after contact was attempted by the law enforcement agency, may be disposed of after the latter of:

(i)

Thirty (30) days after the agency has determined that the owner cannot be located; or

(ii)

Thirty (30) days after the agency has attempted on at least three (3) nonconsecutive days to contact the owner without response from the owner.

(r)

Notwithstanding any provisions to the contrary herein, biological evidence relevant to a felony criminal prosecution shall not be destroyed unless and until the person who was convicted in the case has died.

Section 2.

This act is effective July 1, 2007.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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