SF0025 • 2009

District courts-release of information.

AN ACT relating to criminal procedure; providing that specified information relating to a sexual assault shall not be released prior to the filing of an information or indictment in a district court; conforming language; and providing for an effective date.

Enacted

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

Sponsor: Judiciary
Last action: 2009-02-24
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.

Amendments

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

SF0025H2001

2nd reading • STUBSON

Adopted

Plain English: Adopted 2nd reading by STUBSON

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

2009-02-24 LSO
Assigned Chapter Number - 18
2009-02-24 Governor
Governor Signed SEA No. 0011
2009-02-20 House
H Speaker Signed SEA No. 0011
2009-02-20 Senate
S President Signed SEA No. 0011
2009-02-18 LSO
Assigned Number SEA No. 0011
2009-02-18 Senate
S Did Concur
2009-02-17 Senate
S Received for Concurrence
2009-02-17 House
H Passed 3rd Reading
2009-02-13 House
H Passed 2nd Reading
2009-02-13 House
H Amendments Adopted
2009-02-13 House
Amendment Adopted
2009-02-12 House
H Passed CoW
2009-02-09 House
H Placed on General File
2009-02-09 House
H01 Recommended Do Pass
2009-02-03 House
H Introduced and Referred to H01
2009-01-19 House
H Received for Introduction
2009-01-19 Senate
S Passed 3rd Reading
2009-01-16 Senate
S Passed 2nd Reading
2009-01-15 Senate
S Passed CoW
2009-01-14 Senate
S Placed on General File
2009-01-14 Senate
S01 Recommended Do Pass
2009-01-13 Senate
S Introduced and Referred to S01
2009-01-13 Senate
S Received for Introduction
2008-12-10 LSO
Bill Number Assigned

Official Summary Text

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

Bill No.:
SF0025
Drafter:

JHR

LSO No.:
09LSO-0038
Effective Date:

7/1/2009

Enrolled Act No.:
SEA0011

Chapter No.:
18

Prime Sponsor:
Joint
Judiciary Interim Committee

Catch Title:
District
courts-release of information.

Subject:
Provides that
specified information relating to a sexual offense shall not be released prior
to the filing of an information or indictment in a district court.

Summary/Major Elements:

Under current law, there are
two provisions, W.S. 6-2-310 and 6-2-319, that address restrictions on the
release of information about the victim and alleged perpetrator of a sex
offense, but the language in the two provisions differs to some extent.

This bill:

Repeals the older provision,
W.S. 6-2-310, that does not address the authority of district courts;

Broadens the more recent
provision, W.S. 6-2-319, to address sex offenses that are not currently covered
under the language of the section so that information with respect to victims
of sex offenses, regardless of age, as well as alleged perpetrators is
protected from disclosure prior to the filing of an information or indictment
in district court.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0025

ENROLLED ACT NO. 11, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
criminal procedure; prov
iding that specified information
relating to a sexual
offense
shall not be released prior to the filing of an information or indictment

in a district court
;

repealing a similar provision
;

and providing for an effective date.

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

Section 1.

W.S.
6
‑
2
‑
319(a) and (b)
is
amended to read:

6
‑
2
‑
319.

Names not to be released; restrictions on disclosures or publication of information; violations; penalties
.

(a)

Prior to the filing of an information or indictment in district court charging a violation of
W.S. 6
‑
2
‑
314 through 6
‑
2
‑
318

an offense under this article
, neither the names of the
person accused

alleged actor
or the victim

of
the charged offense
nor any other information
reasonably likely to
disclose the identity of the victim shall be released
or negligently allowed to be released to the public
by any public employee except as authorized by the judge with jurisdiction over the criminal charges. The
actor's

name
of the person accused
may be released to the public to aid or facilitate an arrest.

(b)

After the filing of an information or indictment in district court

and absent a request to release the identity of a minor victim by the minor or another acting on behalf of a minor victim
, the trial court shall, to the extent necessary to protect the welfare of the minor victim, restrict the disclosure of the name of the minor victim, unless the name has been publicly disclosed by the parent or legal guardian of the minor or by law enforcement in an effort to find the victim. The trial court may, to the extent necessary to protect the welfare of the minor victim, restrict disclosure of
the

i
nformation
reasonably likely to i
dentify the minor victim.

Section 2.

W.S. 6
‑
2
‑
310 is repealed.

Section
3
.

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 Senate.

Chief Clerk