Confidentiality of domestic abuse victim information.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0117

ENROLLED ACT NO. 39, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to domestic violence protection; providing that the address, city and state of residence
and other information identifying the residence
of a
victim
of
domestic
abuse
shall remain confidential in
a court proceeding; providing for additional confidentiality
;

and providing for an effective date.

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

Section 1
.

W.S.
14
‑
3
‑
441 and
35
‑
21
‑
112
are
created to read:

14
‑
3
‑
441.

Confidentiality in court proceedings
.

In the event a confidentiality order has been entered pursuant to W.S. 35
‑
21
‑
112

or any other court order allowing a party to maintain confidentiality of addresses or other information
identifying the residence of the victim of domestic abuse
, the address and city or state of residence
and other information identifying the residence
of the victim of domestic abuse
and any child residing with the victim of domestic abuse
shall remain confidential
in any court proceedings under this title
.

35
‑
21
‑
112.

Confidentiality in court proceedings
.

(a)

Notwithstanding any other provisions of law, in any proceedings before a court of the state of Wyoming, the con
fidentiality of the address, city and state of residence or any other information
identifying the residence
of a victim of domestic abuse
shall remain confidential as provided in this section.

(b)

The victim of domestic
abuse
may at any point during the court proceedings file a motion with the court
for entry of an order
providing for the confidentiality of the address,
city and state of residence
or any other information

identifying the residence
of the victim of
domestic

abuse

and any children residing with the victim of domestic
abuse

during the court proceedings. The motion may be ac
c
ompanied with all relevant affidavits or documents to establish that the person requesting confidentiality is a victim of domestic
abuse and that the person may be subject to additional acts of domestic abuse if confidentiality is not maintained.

(c)

Upon a filing of a motion pursuant to subsection (b) of this section, the court shall issue an order prohibiting
the release of the address,
city and state of
residence and any other information
identifying the residence of

a person if:

(i)

The person filing the motion has been granted
an order of protection
under this act or similar act in another state
or
territory
of the United States
and the order
of protection
remains in effect; or

(ii)

The court finds by a preponderance of the evidence that the person is a victim of domestic abuse and
that the person may be subject to additional acts of domestic abuse if confidentiality is not maintained
.

(d)

An order issued under this section shall only provide confidentiality in the action in which it is granted and for those additional purposes specified by law referencing an order issued pursuant to this section.

Section 2
.

W.S.
1
‑
25
‑
101, 1
‑
25
‑
103,
20
‑
2
‑
202(a)(iii), 20
‑
2
‑
309(b)(intro)
and by creating a new subsection (h)
and 20
‑
5
‑
309(a)(intro)
are amended to read:

1
‑
25
‑
101.

Verified petition to be presented; information to be shown in petition; order of court making change; record to be made.

Every person desiring to change his name may petition the district court of the county of the petitioner's residence for the desired change. The petition shall be verified by affidavit setting forth the petitioner's full name, the name desired, a concise statement of the reason for the desired change, the place of his birth, his place of residence and the length of time he has been an actual bona fide resident of the county in which the petition is filed. If the court is satisfied that the desired change is proper and not detrimental to the interests of any other person, it shall order the change to be made, and record the proceedings in the records of the court.

In the event a confidentiality order has been entered pursuant to W.S. 35
‑
21
‑
112
or

any other court order allowing a party to maintain confidentiality of addresses
, city or state of residence
or other information
identifying the residence
, the address,
city or state of residence
or other information
identifying the residence
of
the party
shall remain confidential.

1
‑
25
‑
103.

Notice to be given by publication.

Exce
pt in a proceeding in which the court has issued a
confi
dentiality order

pursuant to W.S. 35
‑
21
‑
112
or

any other court order allowing a party to maintain confidentiality of addresses
, city or state of residence
or other information
identifying the residence of the party
,
p
ublic notice of the petition for a change of name shall be given in the same manner as service by publication upon nonresidents in civil actions.

20
‑
2
‑
202.

Visitation
.

(a)

The court may order visitation it deems in the best interests of each child and the court shall:

(iii)

Require either parent who plans to change their home city or state of residence, to give written notice thirty (30) days prior to the move, both to the other parent and to the clerk of district court stating the date and destination of the move.

In the event a
confidentiality order has been ente
red pursuant to W.S. 35
‑
21
‑
112 or
any other court order allowing a party to maintain confidentiality of addresses or other information
identifying the residence of the victim of domestic abuse
,

the address,
city or state of residence
or other information
identifying the residence
of the
victim
of domestic abuse shall remain confidential.

20
‑
2
‑
309.

Contents of orders; change of address or employment; income withholding entered; payment.

(b)

A
ll child support orders shall be accompanied by a confidential statement that contains the names, addresses, dates of birth, places of birth and social security numbers of each party and each child to whom the order relates and the names and addresses of each party's employer.

Except as provided in subsection (h) of this section,

t
he confidential statement may be inspected by:

(h)

The confidential statement required pursuant to subsection (b) of this section shall not be inspected or further released except as provided in this subsection if the court has issued a confidentiality order pursuant to W.S. 35
‑
21
‑
112 or any other court order allowing a party to maintain confidentiality of addresses, city or state of residence or other information
identifying the residence of the victim of domestic abuse
. The court may release the confidential statement required under subsection (b) of this section to the department of family services to the extent necessary to enforce the Child Support Enforcement Act and the Uniform Interstate Family Support Act, provided:

(i)

The department releases information protected by a confidentiality order only to governmental agencies or courts of competent jurisdiction and does not release information protected by the confidentiality order to the opposing party or attorneys representing or employed by the opposing party;

(ii)

The department shall exclude or redact information protected by a confidentiality order from information provided under this subsection to the greatest extent possible in conformance with the Child Support Enforcement Act and the Uniform Interstate Family Support Act;

(iii)

The department shall provide written notice to parties receiving information protected by a confidentiality order from the department stating that the information is protected by a confidentiality order and shall only be disseminated by the receiving party to the extent necessary to comply with the Child Support Enforcement Act and the Uniform Interstate Family Support Act.

20
‑
5
‑
309.

Information to be submitted to the court.

(a)

Subject to
a

confidentiality order entered pursuant to W.S. 35
‑
21
‑
112 or any other

court order allowing a party to maintain confidentiality of addresses or other identifying information or other law providing for the confidentiality of procedures, addresses and other identifying information, in a child custody proceeding each party in its first pleading or in an attached affidavit shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five (5) years and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit shall state whether the party:

Section 3
.

This act is effective July 1, 2013.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1