Sex offender registration amendments.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0023

ENROLLED ACT NO. 92, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
sex offender registration and notification; amending the information
sex
offenders are required to provide; requiring specified juveniles to register
as sex offenders;
amending the information that shall be provided to the public;
amending the registration requirements for specified offenses;
conforming provisions; requiring offenders convicted
but
not yet sentenced to register as sex offenders; requiring notice by an offender who
will travel out
of
the country
as specified; eliminating language that may permit an offender who has not registered as required to avoid sanctions after a specified time; clarifying conditions under which an offender may petition a court to be relieved of registration requirements;

amending and creating definitions;

providing an appropriation;
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)(iii)
and
by creating new paragraph
s
(xxii
) and
(xxiii), 7
‑
19
‑
302(a)
(v),
(viii),

(x)
,
(xi)
,
by creating new paragraphs (xii)
and
(xiii)
, (c)(iii)
,
(iv)
and by creating a new paragraph (v)
, (d)
,
(g) through (j)
and by creating new subsections (p) and (q)
,
7
‑
19
‑
303(c)(iii)
(intro),
(H)
,
(J) and
by creating new subparagraphs (K) and (M)
, 7
‑
19
‑
304(a)(i)
,
(ii) and (d)(intro)
and 7
‑
19
‑
307(a) are amended to read:

7
‑
19
‑
301.

Definitions.

(a)

Unless otherwise provided, for the purposes of this act:

(iii)

"Convicted" includes pleas of guilty, nolo contendere
,

and
verdicts of guilty upon which a judgment of conviction may be rendered

and
adjudications as a delinquent for offenses specified
in
W.S. 7
‑
19
‑
302(
j
)
.

"
C
onvicted" shall
not
include dispositions pursuant to W.S. 7
‑
13
‑
301;

(xxii)

"V
ehicle" includes any
of the following that is registered under
Wyoming
law:

(A)

A
ircraft as defined in W.S. 10
‑
1
‑
101(a)(i)
;

(B)

M
otor vehicle, commercial vehicle or trailer as defined in W.S
.
31
‑
1
‑
101
;

(
C
)

W
atercraft as defined in W.S. 41
‑
13
‑
101(a)(vii)
.

(xxiii)

Words
in the plural form include the singular and words in the singular form include the plural
.

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

(v)

Place

and
physical
address
of employment;

(
viii)

The name and
location

physical
address
of each educational institution in this state at which the person is employed or attending school;

(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
;
.

(xii)

Internet identifiers, including each email address and other designations used by

the offender for self-identification or routing in internet communications or postings
. As used

in this paragraph, "internet" means as defined in W.S. 9
‑
2
‑
1035(a)(iii)
; and

(xiii)

Any phone number at which the offender may be reached or which may be used
on a frequent basis
by the offender to place telephone calls.

(c)

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

(iii)

Offenders convicted of an offense subjecting them to registration, who
, except as
provided by paragraph (v) of this subsection,
are sentenced on or after January 1, 1985, who reside in or enter this state for the purposes of residing and who are under the jurisdiction of the department or state board of parole or other public agency as a result of that offense shall register within three (3) working days of entering this s
t
ate
.

or

on or before August 1, 1999, if a current resident.

The
Wyoming
agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to this state
.

and shall register the offender and perform the related duties specified in W.S. 7
‑
19
‑
305

Within three (3) working days after the offender arrives in this state, the Wyoming agency that has jurisdiction over the offender shall notify the county sheriff of the county in which the offender resides of the offender’s presence in the county
;

(iv)

Offenders convicted of an offense subjecting them to registration
, who
, except as provided by paragraph (v) of this subsection,
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
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
;
.

(v)

Offenders convicted of an offense subjecting them to registration, whose registration requirement was added by the 2011 amendments to this act and who are sentenced after July 1, 2001 shall register as required by paragraph (iii) or (iv) of this subsection as appropriate.

(d)

A nonresident who is employed or attends school in this state shall register with the county sheriff of the county in which he is employed or attends school

within three (3) working days of beginning employment or
starting to
attend 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

within three (3) working days of beginning employment
, establishing a residence in this state
or
starting to
attend school
. The registration information accepted under this subsection shall be subject to the provisions of W.S. 7
‑
19
‑
303.

(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)

6
‑
2
‑
316(a)(i)
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,

18 U.S.C.
§§ 2252B, 2252C, 2424 and 2425
, an offense in another jurisdiction containing the same or similar elements, or arising out of the same or similar facts or circumstances as a criminal offense specified in this subsection
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
‑
315(a)(i) and (iii)
,

W.S. 6
‑
2
‑
315(a)(iv) if the victim was thirteen (13)
through

fifteen (15)
years of age,

6
‑
2
‑
316(a)(i), 6
‑
2
‑
317(a)(ii)

W.S.
6
‑
2
‑
317(a)(i) and (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),

18 U.S.C.
§ 2251
, an offense in another jurisdiction containing the same or similar elements, or arising out of the same or similar facts or circumstances as a criminal offense specified in this subsection,
an attempt or conspiracy to commit any of the offenses specified in this subsection, or any
felony

offense
enumerated in

subsection (g) of
this section if the offender was previously convicted of
a felony u
nder

any offense
enumerated in
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 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.

(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)

W.S. 6
‑
2
‑
314(a)(ii) and (iii) if the victim was
less than
thirteen (13) years of age,

W.S. 6
‑
2
‑
315(a)(ii)
,

W.S. 6
‑
2
‑
315(a)
(iii) and
(iv) if the
victim was
less than
th
i
r
teen (13)_years of age, W.S.
6
‑
2
‑
316(a)(ii)

and (iii)
,

6
‑
4
‑
402,

18 U.S.C.
§ 2245
,
or
an offense in another jurisdiction containing the same or similar elements, or arising out of the same or similar facts or circumstances as a criminal offense specified in this subsection
,
an attempt or conspiracy to commit any of the offenses specified in this subsection,

any
offense
enumerated in subsection (h) of this section if the offender was previously convicted of a
n
y

offense
enumerated in subsection (g) of this section
or any
felony

offense
enumerated in

subsection (g) or (h) of
this section if the offender was previously convicted of
a felony un
der

any offense
enumerated in
subsection (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.

(p)

Any person convicted of an
y
offense enumerated in subsection (g), (h) or (j) of this section who is released from confinement for any reason before being sentenced shall register as described in this section with the county sheriff for each county in which that person resides, is employed or attends school.

(q)

Any offender registered pursuant to this act shall notify the county sheriff of each county in which he is registered at least twenty-one (21) days before traveling outside of the
United States of America
. The notification shall include the name of each country the offender plans to visit, the dates the offender intends to be in each country, the purpose for which the offender is traveling, the offender’s means of travel and the offender’s country of citizenship, passport number and country of issue. Each county sheriff receiving notification of an offender’s intention to travel outside of the
United States of America
shall forward that information to the division within three (3) working days.

7
‑
19
‑
303.

Offenders central registry; dissemination of information.

(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:

(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
, with the exception of
internet identifiers, telephone numbers and
adjudications as delinquent,
through electronic internet technology and shall include:

(H)

History of all criminal convictions subjecting an offender to the registration requirements of this act;

and

(J)

The license plate

or registration
number and a description of any vehicle owned or operated by the offender
;
.

and

(K)

The
physical
address of any employer that employs the offender; and

(M)

The
physical
address of each
educational institution in this state at which the person is attending school
.

7
‑
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
A
n 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

or adjudicated as a delinquent for offenses specified in W.S. 7
‑
19
‑
302(j),
who has been registered for at least ten (10) years, exclusive of
periods of confinement
. The offender

and periods in which the offender
wa
s not registered as required by law,
may petition the district court for the district in
the
which the offender is registered to
reduce the period of registration under this paragraph by five (5) years

be relieved of the duty to
continue to
register
if the offender
maintains

has maintained
a clean record as provided in subsection (d) of this section
.
Upon a showing that the offender has maintained a clean record as provided in subsection (d) of this section for ten (10) years, the district court may order the offender relieved of the duty to continue registration
;

(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

and periods in which the offender
wa
s not registered as required by law
, may petition the district court for the district in which the offender is registered

to be relieved of the duty to continue to register

if the offender has maintained a clean record as provided in
subsection
(d) of this section
. Upon a showing that the offender has
had no further felony or misdemeanor convictions during the period of registration

maintained a clean record as provided in
subsection
(d) of this section for twenty-five (25) years
, the district court may order the offender relieved of the duty to continue registration; and

(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:

An offender seeking a reduction in his registration period as provided in paragraph
(a)
(i) or (ii) of this section
shall
demonstrate to the court that he has maintained a clean record by:

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.

The division shall notify the appropriate authorities when it discovers that an offender fails to register or

update any registration information within the time required under W.S. 7
‑
19
‑
302
or when an offender absconds.

Section 2.
There is appropriated from the general fund to the
Wyoming
attorney general sixty-six thousand dollars ($66,000.00). This appropriation shall be expended only for the purpose of implementing the requirements of this act. Any amount of this appropriation expended for information technology or telecommunications personnel, hardware or software or contractual services for information technology, shall not be expended until the chief information officer has approved the expenditure. Upon request for an expenditure, the chief information officer shall review the request and determine if a less expensive alternative to effectively accomplish the need is available and, if so, shall only approve the request for the lesser amount. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law. This appropriation shall not be included in the attorney general's annual 2013-2014 standard biennial budget request.

Section
3
.
This act is effective July 1, 2011.

(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