HB0080 • 2011

Service of process in family violence and stalking cases.

AN ACT relating to service of process; requiring in-state and out-of-state service of specified documents in family violence and stalking cases; and providing for an effective date.

Enacted

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

Sponsor: Representative Davison
Last action: 2011-03-02
Official status: enrolled
Effective date: 7/1/2011

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

2011-03-02 LSO
Assigned Chapter Number
2011-03-02 Governor
Governor Signed HEA0035
2011-02-23 Senate
S President Signed HEA No. 0035
2011-02-22 House
H Speaker Signed HEA No. 0035
2011-02-22 LSO
Assigned Number HEA0035
2011-02-22 Senate
S Passed 3rd Reading
2011-02-18 Senate
S Passed 2nd Reading
2011-02-17 Senate
S Passed CoW
2011-02-14 Senate
S Placed on General File
2011-02-14 Senate
S01 Recommended Do Pass
2011-01-31 Senate
S Introduced and Referred to S01
2011-01-25 Senate
S Received for Introduction
2011-01-25 House
H Passed 3rd Reading
2011-01-24 House
H Passed 2nd Reading
2011-01-21 House
H Passed CoW
2011-01-20 House
H Placed on General File
2011-01-20 House
H01 Recommended Do Pass
2011-01-13 House
H Introduced and Referred to H01
2011-01-11 House
H Received for Introduction
2011-01-07 LSO
Bill Number Assigned

Official Summary Text

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

Bill No.:
HB0080
Drafter:

JHR

LSO No.:
11LSO-0361
Effective Date:

7/1/2011

Enrolled Act No.:
HEA0035

Chapter No.:
108

Prime Sponsor:
Representative
Davison

Catch Title:
Service of process in family violence and
stalking cases.

Subject:
Protection
orders in stalking cases.

Summary/Major Elements:

●

The act deals with the notice
of a hearing for a person who is accused of stalking another person.

●

Under the present law, a
victim of stalking can request a protection order from a court. A hearing must
be held within 72 hours of the request.

●

Currently, the person accused
of stalking must be notified that he must appear at the hearing. The court
notifies the accused by serving him with an order to appear at the hearing and with
a petition detailing the basis for the stalking claim.

●

The act adds a new
requirement to the notice given by the court. The act requires that the court
give the person accused of stalking a notice to appear at the hearing even if
the person is outside of Wyoming.

●

Under current law, the court
may also issue a temporary order to prevent the person from stalking. The act adds
a new requirement that the accused be given notice of the temporary order even
if the person is outside of Wyoming.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0080

ENROLLED ACT NO. 35, HOUSE OF REPRESENTATIVES

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

AN ACT relating to
service of process; requiring
in-
state
and
out
-
of
-
state service of
specified documents
in family violence
and
stalking cases;
and providing for an effective date.

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

Section 1.

W.S. 7
‑
3
‑
508(a) and (b) and
35
‑
21
‑
104(a)(ii) are amended to read:

7
‑
3
‑
508.

Temporary order of protection; setting hearing.

(a)

Upon the filing of a petition for an order of protection, the court shall schedule a hearing on the petition to be conducted within seventy-two (72) hours after the filing of the petition, and shall cause each party to be served
, either within or outside of th
is
state,
with an order to appear, a copy of the petition and a copy of the supporting affidavits. Service shall be made upon each party at least twenty-four (24) hours before the hearing. The failure to hold or complete the hearing within seventy-two (72) hours shall not affect the validity of the hearing or any order issued thereon.

(b)

If the court determines from the specific facts shown by the petition and supporting affidavits that there exists a clear and present danger of further stalking or of serious adverse consequences to any person, the court may grant ex parte a temporary order of protection pending the hearing, and shall cause a copy of the temporary order of protection to be served on each party
, either within or outside of this state
. The court may prescribe terms in the temporary order of protection which it deems sufficient to protect the victim and any other person pending the hearing, including but not limited to the elements described in W.S. 7
‑
3
‑
509(a).

35
‑
21
‑
104.

Temporary order of protection; setting hearing.

(a)

Upon the filing of a petition for order of protection, the court shall:

(ii)

Cause the temporary order of protection, together with notice of hearing, to be served on the alleged perpetrator of the domestic abuse immediately
, either within or outside of this state
;

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