Victim notification amendments.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0075

ENROLLED ACT NO. 7, HOUSE OF REPRESENTATIVES

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

AN ACT relating to
criminal procedure;
modifying provisions
requiring medical examinations for sexually transmitted diseases of persons accused of a sex offense
and crimes involving an exchange of bodily fluid
;
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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1
‑
109
(a) through (d
) is
amended to read:

7
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1
‑
109.

Examination for sexually transmitted diseases required in certain cases; health officers to notify crime victims; results confidential.

(a)

Upon the consent of a person accused of any crime wherein it is alleged that there has been an exchange of bodily fluids, that person shall be examined as soon as practicable
, but not later than forty-eight (48) hours after the date on which the information or indictment is presented,
for sexually transmitted diseases included within the list of reportable diseases developed by rule and regulation of the department of health pursuant to W.S. 35
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4
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130(b).

(b)

For cases in which a person is accused of any crime wherein it is alleged that there has been an exchange of bodily fluids and the accused person is unwilling or unable to give consent as provided in subsection (a) of this section, or when, for any reason it is impractical to seek consent under subsection (a) of this section, the court may by warrant, upon a sufficient showing of probable cause by affidavit, at any time of day or night, order the medical examination of the accused person for sexually transmitted diseases included within the list of reportable diseases developed by rule and regulation of the department of health pursuant to W.S. 35
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4
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130(b).
Testing for
sexually transmitted diseases done under this subsection shall be conducted as soon as practicable, but no later than
forty-eight (48) hours
after the date on which the information or indictment is presented.

(c)

Any person convicted of a sex offense shall, at the request of the victim, be
examined as soon as practicable
, but not later than forty-eight (48) hours

after the conviction for sexually transmitted diseases included in the list specified in subsection (a) of this section. The victim shall make the request to the district attorney responsible for prosecuting the offense. If the offender is unwilling or unable to consent to the examination the district attorney shall petition the court for an order requiring the offender to submit to the examination.

(d)

Any examination performed under this section shall be performed by a licensed physician or other health care provider. The examination shall be in accordance with procedures prescribed by the department of health under W.S. 35
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4
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130 through 35
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134 and the examination results shall be reported to
the appropriate health officer.
Upon receipt of the examination results, the health officer shall notify the victim, the alleged victim or if a minor, the parents or guardian of t
he victim or the alleged victim.

Additional
testing under this section shall be performed as medically
appropriate and shall be made available in accordance with the provisions of this section.

Section 2
.

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

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