Crimes and offenses-restrictions for adult sex offenders.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0083

ENROLLED ACT NO. 63, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to
crimes and offenses;
prohibiting
adult sex offenders
from access to school properties and events as specified
;
providing
exceptions; providing penalties;

providing definitions;
amending a definition;
and providing for an effective date.

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

Section 1.
W.S. 6
‑
2
‑
320 is created to read:

6
‑
2
‑
3
2
0.

Prohibited access to school facilities by adult sex offenders; exceptions; penalties
; definitions
.

(a)

Except as provided in subsection (b) of this section, no person who is eighteen (18) years of age or older who is required to register as a sex offender
pursuant to
W.S. 7
‑
19
‑
302 shall:

(i)

Be upon or remain on the premises of any school building or school grounds in this state, or upon other properties
owned or leased by a school
when the
registered offender
has reason to believe children under the age of eighteen (18) years are present and are involved in a school activity or when children are present within th
i
rty (30) minutes before or after a scheduled school activity;

(ii)

Knowingly loiter on a public way within
one
thousand (
1
,
000) feet from the property line of school grounds in this state, including
other
properties

owned or leased by a school
when children under the age of eighteen (18) years are present and are involved in a school activity or when children are present within thirty (30) minutes before or after a scheduled school activity;

(iii)

Be in any
vehicle
owned or leased by a school to transport students to or from school or a school related activity when children under the age of eighteen (18) years are present in the
vehicle
;

(iv)

Reside within
one
thousand (
1
,000) feet of the property on which a school is located, measured from the nearest point of the exterior wall of the
registered
offender's
dwelling unit to the school's property line, except that this paragraph shall not apply if the registered offender's residence was established prior to July 1, 2010.

(
b
)

The provisions of paragraphs (a)(i) and (ii) shall not apply
to the extent
the registered offender:

(i)

Is a student in attendance at the school;

(ii)

Is attending an academic conference or other scheduled extracurricular school event with school officials present when the registered offender is a parent or legal guardian of a child who is participating in the confer
ence or extracurricular event
;

(iii)

Resides at a state licensed or certified facility for incarceration, health or convalescent care
that is within
one
thousand (
1
,000) feet from the property on which a school is located
;

(iv)

Is dropping off or picking up a child and the registered offender is the child's parent or legal guardian;

(v)

Is
temporarily
on school grounds during school hours for
the
purpose
of making a mail, food or other delivery;

(vi)

Is exercising his right to vote in
a
public election;

(vii)

Is taking delivery of his mail through an official post office located on school grounds;

(viii)

Has written permission from the school principal, vice-principal, or person with equivalent authority, to be on the school grounds or upon other property
that
is used by a school; or

(
ix)

Stays at a homeless shelter or
resides at a recovery facility
that is within
one
thousand (
1
,000) feet from the property on which a school is located
i
f such shelter or facility has been approved for sex offenders by the sheriff or police chief.

(
c
)

Any person who violates the provisions of subsection (a) of this section is guilty of a misdemeanor and upon conviction, shall be punished by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

(
d
)

Nothing in this section shall prevent a school district from adopting more stringent safety and security requirements for employees and nonemployees while they are in district facilities or on district properties.

(
e
)

As used in this section:

(i)

"Extracurricular event" means any school sponsored activity that is outside the regular curriculum, occurring during or outside regular school hours, including academic, artistic, athletic or recreational activities;

(ii)

"Registered offender" means a person who is eighteen (18) years of age or older who is required to register as a sex offender pursuant to W.S. 7
‑
19
‑
302.

Section 2.
W.S. 6
‑
2
‑
301(a)(ix) is amended to read:

6
‑
2
‑
301.

Definitions.

(a)

As used in this article:

(ix)

"This article" means W.S. 6
‑
2
‑
301 through
6
‑
2
‑
319

6
‑
2
‑
320
.

Section
3
.
This act is effective July 1, 20
10
.

(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