Admissibility of evidence in sex offense cases.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0418

HOUSE BILL
NO.
HB0198

Admissibility of evidence in sex offense cases.

Sponsored by:
Representative(s) Burkhart and Krone

A BILL

for

AN ACT relating to

civil and criminal procedure
; specifying circumstance
s
under which evidence
of similar
acts and offenses
may be admitted in criminal and civil cases involving sexual assault and child molestation
;
and providing for an effective date.

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

Section 1.

W.S.
1
‑
12
‑
117
, 7
‑
11
‑
409 and 7
‑
11
‑
410
are created to read:

1
‑
12
‑
117
.

Evidence of s
imilar
a
cts in
c
ivil
c
ases
c
oncerning
s
exual
a
ssault or
c
hild
m
olestation
.

(a)

In a civil case in which a claim for damages or other relief is predicated on a party's alleged commission of conduct constituting an offense of sexual assault or child molestation
as defined in W.S. 7
‑
11
‑
409 and 7
‑
11
‑
410
, evidence of that party's commission of another offense or offenses of sexual assault or child molestation is admissible and may be considered as provided in
W.S. 7
‑
11
‑
409
and
7
‑
11
‑
410
.

(b)

A party who intends to offer evidence under this
section
shall disclose the evidence to the party against whom it will be offered, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen
(15)
days before the scheduled date of trial or at such later time as the court may allow for good cause.

(c)

This
section
shall not be construed to limit the admission or consideration o
f evidence under any other section or court rule.

7
‑
11
‑
409
.

Evidence of
s
imilar
c
rimes in
s
exual
a
ssault
c
ases.

(a)

In a criminal case in which the defendant is accused of an offense of sexual assault, evidence of the defendant's commission of another offense or offenses of sexual assault is admissible, and may be considered for its bearing on any matter to which it is relevant.

(b)

In a case in which the
prosecution
intends to offer evidence under this
section
, the attorney for the
prosecution
shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen
(15)
days before the scheduled date of trial or at such later time as the court may allow for good cause.

(c)

This
section
shall not be construed to limit the admission or consideration
of evidence under any other section or court rule
.

(d)

As used in t
his
section "
offense of s
exual assault" means:

(i)

S
exual assault a
s defined in
W.S. 6
‑
2
‑
301(a)(v)
;

(ii)

A
n

offense
under a statute from another jurisdiction containing the same or similar elements as sexual assault as defined in
W.S. 6
‑
2
‑
301(a)(v)
; or

(iii)

A
n attempt or conspiracy to engage in conduc
t described in paragraphs
(i
)
and
(ii) of this
sub
section.

7
‑
11
‑
410
.

Evidence of s
imilar
c
rimes in
c
hild
m
olestation
c
ases
.

(a)

In a criminal case in which the defendant is accused of an offense of child molestation, evidence of the defendant's commission of another offense or offenses of child molestation is admissible, and may be considered for its bearing on any matter to which it is relevant.

(b)

In a case in which the
prosecution
intends to offer evidence under this
section
,
the attorney for the prosecution
shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen
(15)
days before the scheduled date of trial or at such later time as the court may allow for good cause.

(c)

This
section
shall not be construed to limit the admission or consideration of evidence under any other
section or court rule
.

(d)

As used in t
his
section:

(i)

"
Child" means a person less than the age of fourteen (14);

(ii)

"Offense of child molestation" means
:

(A)

Sexual assault as defined
in
W.S. 6
‑
2
‑
301(a)(v)
that was committed in relation to a child; or

(B
)

An offense under a statute from another jurisdiction containing the same or similar element
s
as

sexual assault as
defined
in

W.S. 6
‑
2
‑
301(a)(v)
if the offense from another jurisdiction was committed in relation to a child
;

(C)

An attempt or conspiracy to engage in conduct described in subparagraphs (A) and (B) of this paragraph.

Section 2.

This act is effective July 1, 2011.

(END)

1
HB0198