HB0137 • 2009

Videotape depositions-minors.

AN ACT relating to criminal procedure; adding to the list of sexual assault offenses for which a child under 12 years of age may be allowed to testify by videotape deposition; and providing for an effective date.

Children

Enacted

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

Sponsor: Representative Mercer
Last action: 2009-02-27
Official status: enrolled
Effective date: 7/1/2009

Plain English Breakdown

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

Bill History

2009-02-27 LSO
Assigned Chapter Number - 68
2009-02-26 Governor
Governor Signed HEA No. 0031
2009-02-23 Senate
S President Signed HEA No. 0031
2009-02-23 House
H Speaker Signed HEA No. 0031
2009-02-20 LSO
Assigned Number HEA No. 0031
2009-02-20 Senate
S Passed 3rd Reading
2009-02-19 Senate
S Passed 2nd Reading
2009-02-18 Senate
S Passed CoW
2009-01-28 Senate
S Placed on General File
2009-01-28 Senate
S01 Recommended Do Pass
2009-01-26 Senate
S Introduced and Referred to S01
2009-01-26 Senate
S Received for Introduction
2009-01-23 House
H Passed 3rd Reading
2009-01-22 House
H Passed 2nd Reading
2009-01-21 House
H Passed CoW
2009-01-19 House
H Placed on General File
2009-01-19 House
H01 Recommended Do Pass
2009-01-15 House
H Introduced and Referred to H01
2009-01-13 House
H Received for Introduction
2009-01-12 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0137
Drafter:

JHR

LSO No.:
09LSO-0450
Effective Date:

7/1/2009

Enrolled Act No.:
HEA0031

Chapter No.:
68

Prime Sponsor:
Representative
Mercer

Catch Title:
Videotape
depositions-minors.

Subject:
Adds to the list of sexual assault offenses for
which a child under 12 years of age may be allowed to testify by videotape
deposition.

Summary/Major Elements:

Under current law, the
deposition of a child under 12 years of age, who is the victim of incest or
first through third degree sexual assault, may be taken by videotape under
court order.

This bill expands the list of
sexual assault offenses to include first through fourth degree sexual assault
of a minor, for which a victim under 12 years of age may be allowed to testify
by videotape deposition.

Comment:

The offenses of first through
fourth degree sexual assault of a minor were enacted in 2007 Wyoming Session
Laws, Chapter 159, but W.S. 7-11-408 had not been amended to include those
additional offenses that may be perpetrated upon a child under 12 years of age,
thereby possibly precluding courts from ordering videotape depositions of some
victims of those offenses.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0137

ENROLLED ACT NO. 31, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
criminal procedure; adding to the list of sexual assault offenses for which a child under 12 years of age may be allowed to testify by videotape deposition;
and providing for an effective date.

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

Section 1.

W.S. 7
‑
11
‑
408(a) is amended to read:

7
‑
11
‑
408.

Videotape depositions.

(a)

In any case in which the defendant is charged with incest as defined in W.S. 6
‑
4
‑
402(a) or sexual assault as defined in W.S. 6
‑
2
‑
302 through
6
‑
2
‑
305

6
‑
2
‑
304 and 6
‑
2
‑
314 through 6
‑
2
‑
317
and a child less than twelve (12) years of age is the victim, the judge may order the taking of a videotape deposition of the child. The videotaping shall be done under the supervision of the court.

Section 2.

This act is effective July 1, 2009.

(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

1