Sex offender registration.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0061

ENROLLED ACT NO. 75, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
registration of sex offenders; amending
sex offender
registration requirements
;
amending a definition;
clarify
ing
with which law enforcement agency an

offender is required to register;
amending information an offender is required to provide;
conforming registration deadlines;

specifying the category of offense under which an offender will be classified if information is not available to determine the proper classification;
clarifying the procedure for seeking a reduction in the registration period for an offender;

and providing for an effective date.

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

Section 1.
W.S.
7
‑
19
‑
301(a)(xi),
7
‑
19
‑
302(a)(intro), (ix), (x)
,
by creating a new paragraph (xi), (c)(i), (ii)
,
(iv), (d), (e)
,
(g) through (k)
and by creating new subsections (m) through (o)
, 7
‑
19
‑
303(a)
,
(c)(ii) and (iii)(H), 7
‑
19
‑
304(a)(i)
, (ii), by creating a new paragraph (iii) and
(d)(iv), 7
‑
19
‑
305(a)(ii), (iii) and (vi), 7
‑
19
‑
307(a) and 7
‑
19
‑
308(a)(intro) are amended to read:

7
‑
19
‑
301.

Definitions.

(a)

Unless otherwise provided, for the purposes of this act:

(xi)

"Reside" and words of similar import mean
having established a permanent or temporary residence for ten (10) or more days
;

the physical address of each residence of an offender, i
n
cluding:

(A)

All real property owned by the offender
that is
used by the offender for the purpose of shelter or other
activitie
s of daily living
;

(B)

Any physical address where the offender habitually visits; and

(C)

Temporary
residences
such as hotels, motels, public or private housing, camping areas, parks
,
public buildings, streets, roads, highway
s
, restaurants, libraries or other places the offender may frequent and use for shelter or other activities of daily living.

7
‑
19
‑
302.

Registration of offenders; procedure; verification.

(a)

Any offender residing in this state or entering this state for the purpose of residing
, attending school

or
being
employed
in this state shall register with the
division of criminal investigation

sheriff of the county in which he resides, attends school or is employed,
or other

relevant
entity
in accordance with the provisions of this act

specified in subsection (c) of this section
. The offender shall be photographed, fingerprinted and palmprinted by the registering entity or another law enforcement agency and shall provide the following additional information when registering:

(ix)

The license plate number and a description of any vehicle owned or operated by the offender;

and

(x)

A DNA sample. As used in this paragraph, "DNA" means as defined in W.S. 7
‑
19
‑
401(a)(vi)
;
.

and

(xi)

The age of each victim.

(c)

Offenders required to register under this act shall register with the entities specified in this subsection and within the following time periods:

(i)

Offenders who, on or after July 1, 1999, are in custody of the department, local jail or a public or private agency pursuant to a court order, as a result of an offense subjecting them to registration, who are sentenced on or after January 1, 1985, shall register prior to release from custody. The agency with custody of the offender immediately prior to release shall register the offender and perform the duties specified in W.S. 7
‑
19
‑
305
. If the offender refuses to register or refuses to provide the required information, the agency shall so notify local law enforcement before releasing the offender
;

(ii)

Offenders who are convicted of an offense subjecting them to registration under this act but who are not sentenced to a term of confinement shall register immediately after the imposition of the sentence. The sheriff of the county where the judgment and sentence is entered shall register the offender and perform the related duties specified in W.S. 7
‑
19
‑
305

unless the offender does not reside in the county where the judgment and sentence is entered, in which case he shall register in the county in which he resides within three (3) working days
;

(iv)

Offenders convicted of an offense subjecting them to registration, who are sentenced on or after January 1, 1985, who reside in or enter this state and who are not under the jurisdiction or custody of the department, board of parole or other public agency as a result of that offense shall register
with the division
on or before August 1, 1999, if a current resident, or within three (3) working days of entering this state if not a current resident.

(d)

The division shall accept registration information for
A
nonresident who is employed or attends school in this state
.

F
or purposes of this subsection, "registration information" means the registrant's place of employment or the school attended in this state and his address in his state of residence

shall register with the county sheriff of the county in which he is employed or attends school
.
A resident or nonresident who is employed, resides or attends school in more than one (1) location in this state, shall register with the county sheriff of
each
county in which he is employed, resides or attends school.

The registration information accepted under this subsection shall be subject to the provisions of W.S. 7
‑
19
‑
303.

(e)

If any person required to register under this act changes his residence address within the same county, he shall
send written

provide
notice of the change of address

in person
to the
division

sheriff of the county in which he resides
within three (3) working days of establishing the new residence. If any person required to register under this act moves to a new county in this state, he shall notify
the division,
in person

the county sheriff in the new county and the county sheriff of the county of his previous residence within three (3) working days of establishing the new residence. If the person changes residence to another state and that state has a registration requirement, the division shall, within three (3) working days of receipt of the information, notify the law enforcement agency with which the person must register in the new state. Any person who has not established a new residence within three (3) working days of leaving his previous residence, or becomes transient through lack of residence, shall report on a weekly basis to the sheriff in the county in which he is registered, until he establishes another residence.
The division shall, within three (3) working days of receipt of a registration or notice of change of address, notify the sheriff of the county in which an offender resides, unless the division received the registration information from the sheriff

The
information
provided to a sheriff under this subsection
shall be transmitted
by the sheriff
to the division within three (3) working days of receipt for entry into the central registry
.

The division shall
also
notify the victim, or if the victim is a minor the victim's parent or guardian, within the same time period if the victim, or a minor victim's parent or guardian, has requested in writing that the division provide notification of a change of address of the offender and has provided the division a current address of the victim, parent or guardian as applicable.

(g)

For an offender convicted of a violation of W.S. 6
‑
2
‑
202 if the victim was a minor and the offender is not the victim's parent or guardian, W.S. 6
‑
2
‑
203 if the victim was a minor and the offender is not the victim's parent or guardian, W.S. 6
‑
2
‑
315(a)(iv), 6
‑
2
‑
316(a)(iii) and (iv), 6
‑
2
‑
317(a)(i), 6
‑
4
‑
303(b)(iv) or W.S. 6
‑
4
‑
304(b) if the victim was a minor, or an attempt or conspiracy to commit any of the offenses specified in this subsection, the division shall annually verify the accuracy of the offender's registered address, and the offender shall annually report, in person, his current address to the sheriff in the county in which the offender resides, during the period in which he is required to register.

During the annual in-person verification, the sheriff shall photograph the offender. Confirmation of the in-person
verification
required under this subsection, along with the photograph of the offender, shall be transmitted
by the sheriff
to the division within three

(3) working days.
Any person under this subsection who has not established a residence or is transient, and who is reporting to the sheriff as required under subsection (e) of this section, shall be deemed in compliance with the address verification requirements of this section.

(h)

For an offender convicted of a violation of W.S. 6
‑
2
‑
304(a)(iii) if the victim was at least fourteen (14) years of age, W.S. 6
‑
2
‑
314(a)(ii) and (iii), 6
‑
2
‑
315(a)(iii), 6
‑
2
‑
316(a)(i), 6
‑
2
‑
317(a)(ii) or 6
‑
2
‑
318, W.S. 6
‑
4
‑
102 if the person solicited was a minor, W.S. 6
‑
4
‑
103 if the person enticed or compelled was a minor, W.S. 6
‑
4
‑
302(a)(i) if the offense involves the use of a minor in a sexual performance or W.S. 6
‑
4
‑
303(b)(i) through (iii), an attempt or conspiracy to commit any of the offenses specified in this subsection, or any felony enumerated in this section if the offender was previously convicted of a felony under subsection (g) of this section, the division shall verify the accuracy of the offender's registered address, and the offender shall report, in person, his current address to the sheriff in the county in which the offender resides, every six (6) months after the date of the initial release or commencement of parole.

If the offender's appearance has changed substantially, and in any case at least annually, the sheriff shall photograph the offender. Confirmation of the in-person verification required by this subs
ection, and any new photographs of the
offender
, shall be transmitted
by the sheriff
to the division within three

(3) working days.
Any person under this subsection who has not established a residence or is transient, and who is reporting to the sheriff as required under subsection (e) of this section, shall be deemed in compliance with the address verification requirements of this section.

(j)

For an offender convicted of a violation of W.S. 6
‑
2
‑
201 if the victim was a minor, W.S. 6
‑
2
‑
302 or 6
‑
2
‑
303, W.S. 6
‑
2
‑
304(a)(iii) if the victim was under fourteen (14) years of age, W.S. 6
‑
2
‑
314(a)(i), 6
‑
2
‑
315(a)(i) and (ii), 6
‑
2
‑
316(a)(ii), 6
‑
4
‑
402, an attempt or conspiracy to commit any of the offenses specified in this subsection, or any felony enumerated in this section if the offender was previously convicted of a felony under subsection
(g) or
(h) of this section, the division shall verify the accuracy of the offender's registered address, and the offender shall report, in person, his current address to the sheriff in the county in which the offender resides every three (3) months after the date of the initial release or commencement of parole.

If the offender's appearance has changed substantially, and in any case at least annually, the sheriff shall photograph the offender. Confirmation of the in-person verification required by this subsection, and any new photographs of the
offender
, shall be transmitted
by the sheriff
to the division within three

(3) working days.
Any person under this subsection who has not established a residence or is transient, and who is reporting to the sheriff as required under subsection (e) of this section, shall be deemed in compliance with the address verification requirements of this section.

(k)

In addition to any other requirements of this section and of this act,
A
ny person required to register under this act shall provide information in
writing

person
t
o the sheriff of the county in which he is registered
and to any other relevant registering entity specified in subsection (c) of this section
regarding each change in
employment or enrollment status at any educational institution in this state
, including
any of the informati
o
n
collected pursuant to subsection
(
a) of this section
within three (3) working days of the change to the entity with whom the offender last registered. This information shall be forwarded immediately from the registering entity to the division on a form prescribed by the division, and the division shall then enter the information into the central registry and forward the information to the campus police department or other law enforcement agency with jurisdiction over the

educational
institution.

(m)

Any person required to register under this act shall provide information in
person
to the sheriff of the county in which he is registered
and to any other relevant registering entity specified
in
subsection (c) of this section

regarding
each change of employment
and

shall
disclose
all places of employment if there is more than one
(1)
, including
any
loss of employment, within three (3) working days of the change to the entity with whom the offender last registered. Th
e
information shall be forwarded
within three (3) working days
from the registering entity to the division and the division shall then enter the information into the central registry.

(n)

Any person required to register under this act shall provide any new or updated information in
person
to the sheriff of the county in which he is registered
and to any other relevant registering entity specified
in
subsection (c) of this section

regarding
any changes, modifications or other information necessary to keep current any of the information specified in
this section
and
W.S.
7
‑
19
‑
303, within three (3) working days of the change to the entity with whom the offender last registered. Th
e
information shall be forwarded

within three (3) working days
from the registering entity to the division and the division shall then enter the information into the central registry.

(o)

If the division lacks sufficient information or documentation to identify the offender’s crime for which convicted or equivalent
Wyoming
offense, it shall register the offender as if he were convicted of an offense listed in subsection (j) of this section. If the division receives additional verifiable information or documentation
that demonstrates that the offender was not convicted of an offense specified under subsection (j) of this section or
an offense from any other jurisdiction containing the same or similar elements or arising out of the same or similar facts or circumstances
, it shall
modify
the offender’s status.

7
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19
‑
303.

Offenders central registry; dissemination of information.

(a)

An entity registering an offender shall forward the information and fingerprints obtained pursuant to W.S. 7
‑
19
‑
302 to the division within three (3) working days. The division shall maintain a central registry of offenders required to register under W.S. 7
‑
19
‑
302 and shall adopt rules necessary to carry out the purposes of W.S. 7
‑
19
‑
302. The division shall immediately enter information received pursuant to this act into the central registry and shall immediately transmit the conviction data
, palmprints
and fingerprints to the federal bureau of investigation and national sex offender registry.

(c)

The division shall provide notification of registration under this act, including all registration information, to the district attorney of the county where the registered offender is residing at the time of registration or to which the offender moves. In addition, the following shall apply:

(ii)

If the offender was convicted of an offense specified in W.S. 7
‑
19
‑
302(h) or (j), notification shall be provided

by mail, personally or by any other means reasonably calculated to ensure delivery of the notice
to residential neighbors within at least seven hundred fifty (750) feet of the offender's residence, organizations in the community, including schools, religious and youth organizations

by the sheriff or his designee
.

In addition, notification regarding an offender employed by or attending school at any educational institution shall be provided upon request

by the educational institution
to a member of the institution's campus community as defined by subsection (h) of this section;

(iii)

Notification of registration under this act shall be provided to the public through a public registry, as well as to the persons and entities required by paragraph (ii) of this subsection. The division shall make the public registry available to the public through electronic internet technology and shall include:

(H)

History of all criminal convictions

subjecti
n
g an offender to
the
registration
requirements
of
this act
; and

7
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19
‑
304.

Termination of duty to register.

(a)

The duty to register under W.S. 7
‑
19
‑
302 shall begin on the date of sentencing and continue for the duration of the offender's life, subject to the following:

(i)

For an offender specified in W.S. 7
‑
19
‑
302(g), the duty to register shall end fifteen (15) years after the offender was released from prison, placed on parole, supervised release or probation, provided the registration period shall be tolled for subsequent periods of confinement. The

offender may petition the
district court
for the district
in
the
which the
offender is registered

to
reduce the
period of registration under this paragraph
may be reduced
by five (5) years if the offender maintains a clean record as provided in subsection (d) of this section;
and

(ii)

An offender specified in W.S. 7-19-302(h) who has been registered for at least twenty-five (25) years, exclusive of periods of confinement, may petition the district court for the district in which the offender is registered to be relieved of the duty to continue to register. Upon a showing that the offender has had no further felony or misdemeanor convictions during the period of registration, the district court may order the offender relieved of the duty to continue registration
;
.

and

(iii)

A petition filed under this subsection shall be served on the prosecuting attorney for the county in which the petition is filed. The court shall not grant a petition that was not served on the prosecuting attorney. The prosecuting attorney may file a responsive pleading within thirty (30) days after service of the petition.

(d)

A registration period under subsection (a) of this section may be reduced if, after the duty to register arises, the offender specified in W.S. 7
‑
19
‑
302(g) maintains a clean record for ten (10) years by:

(iv)

Successfully completing
an appropriate

any
sex offender treatment
program certified by the state

previously
ordered by the trial court or by his probation or parole agent
.

7
‑
19
‑
305.

Registration; duties of registering entities; notice to persons required to register.

(a)

The entity required to register an offender under W.S. 7
‑
19
‑
302(c) shall provide written notification to the offender of the requirements of this act and shall receive and retain a signed acknowledgment of receipt. The entity shall forward all registration information to the division within three (3) working days after registering the offender. When registering an offender the registering entity shall:

(ii)

Inform the offender that if he changes residence address he shall give the new address to the
division

sheriff
in
writing

person
within
ten (10)

three (3) working
days, or if he
has not established a new residence within ten (10) days of leaving his previous residence o
r
becomes transient through lack of residence, he shall report on a weekly basis to the sheriff in the county in which he is registered until he establishes another residence;

(iii)

Inform the offender that if he changes residence to another state, he shall register the new address with the law enforcement agency with whom he last registered and shall also register with the designated law enforcement agency in the new state not later than
ten (10)

three (3) working
days after establishing residence in the new state;

(vi)

Inform the offender that in addition to any other registration requirements of this act, if the offender becomes employed by or attends school at any educational institution in this state, or if his status of employment or enrollment at any educational institution in this state as reported during his last registration changes in any manner, he shall register the change within
ten (10)

three (3) working
days of the change with the entity with whom he last registered.

7
‑
19
‑
307.

Penalties.

(a)

Failure to register

or update any registration information
within the time required under W.S. 7
‑
19
‑
302 constitutes a per se violation of this act and is punishable as provided in subsections (c) and (d) of this section.

Failure to report his address as required by W.S. 7
‑
19
‑
302(g) through (j), or

failure to provide information regarding any change in employment or enrollment status at any educational institution in this state

as required by W.S. 7
‑
19
‑
302(k),

is punishable as provided in subsections (c) and (d) of this section.

7
‑
19
‑
308.

Harboring a sex offender; penalties; exceptions.

(a)

A person is guilty of the crime of harboring, assisting, concealing, or withholding information about, a sex offender, if the person has knowledge that a sex offender
who
is

required to register under W.S. 7
‑
19
‑
302
is not complying, or has not complied, with the requirements of W.S. 7
‑
19
‑
302

and the person:

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 Senate.

Chief Clerk

1