Sex offenders-internet access.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0609

HOUSE BILL
NO.
HB0278

Sex offenders-internet access.

Sponsored by:
Representative(s) Harshman and Gingery and Senator(s)
Jennings
and Ross

A BILL

for

AN ACT relating to
criminal offenses; providing for imposition of restrictions on internet access on sex offenders;
and providing for an effective date.

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

Section 1.

W.S. 7
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13
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615 is created to read:

7
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13
‑
615.

Internet use by sex offenders placed on probation or parole.

(a)

In the case of a
person convicted of a criminal offense specified in W.S. 7
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19
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302(g) through (j), or convicted of a criminal offense
in
Wyoming containing the same or similar elements, or arising out of the same or similar facts or circumstances, as a criminal offense specified in W.S. 7
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302(g) through (j)
, and who is required to register under W.S. 7
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302, where the trier of fact makes a finding that a computer or any other device with internet capability was used to facilitate the commission of the crime, the court shall, in addition to any other disposition, order the following internet access conditions:

(i)

Prohibit the person from accessing or using a computer or any other device with internet capability without the prior written approval of the court except, if the person is on probation or parole, the person may use a computer or any other device with internet capability
in connection with that person's employment or search for employment with the prior approval of the person's probation or parole officer;

(ii)

Require the person to submit to periodic unannounced examinations of the person's computer or any other device with internet capability by a probation officer, parole officer, law enforcement officer or assigned computer or information
technology
specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of the
information
,
equipment
or device to conduct a more thorough inspection;

(iii)

Require the person to submit to the installation on the person's computer or device with internet capability, at the person's expense, one (1) or more hardware or software systems to monitor the internet use; and

(iv)

Require the person to submit to any other appropriate restrictions concerning the person's use or
access
of a computer or any other device with internet capability.

(b)

A person who fails to comply with the inte
rnet access conditions imposed in a court order under
this section shall be guilty of a misdemeanor,
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both
.

(c)

The attorney general or
district
attorney may petition the court to impose restrictions pursuant to this section upon any person who is required to register as provided in W.S. 7
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19
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302.

Section 2.

W.S. 7
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302 by creating a new subsection (m) is amended to read:

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302.

Registration of offenders; procedure; verification.

(m)

A person required to register under this act who is subject to internet access restrictions as provided under W.S. 7
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615 or a similar law in another state shall provide the appropriate law enforcement agency with information as to whether the person has routine access to or use of a computer or any other device with internet capability. A person who fails to notify the appropriate law enforcement agency of this information or of a change in the person's access to or use of a computer
or
other device with internet capability or who provides false information concerning the person's access to use of a computer or any other device with internet capability is guilty of a misdemeanor,
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both
.

Section 2.

This act is effective July 1, 2009.

(END)

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HB0278