Sexual assault-custody rights.

2015
STATE OF WYOMING
15LSO-0411
ENGROSSED
3.1

HOUSE BILL

NO.
HB0158

Sexual assault-custody rights.

Sponsored by:
Representative(s) Blackburn, Baldwin, Edwards, Esquibel, K., Jennings, Lindholm and Petroff and Senator(s) Hastert

A BILL

for

AN ACT relating to child custody and visitation; prohibiting a person convicted of sexual assault from having custody, visitation or access to records of a child that was conceived as a result of the sexual assault; providing applicability; and providing for an effective date.

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

Section 1
.

W.S. 20
‑
2
‑
201(a)(intro)
and
by creating new subsection
s
(h)
and (j)
and 20
‑
2
‑
202(a)(intro) are amended to read:

20
‑
2
‑
201
.

Disposition and maintenance of children in decree or order; access to records.

(a)

In granting a divorce, separation or annulment of a marriage or upon the establishment of paternity pursuant to W.S. 14
‑
2
‑
401 through 14
‑
2
‑
907, the court may make by decree or order any disposition of the children that appears most expedient and in the best interests of the children
, except
as otherwise
provided in subsection (h) of this section
. In determining the best interests of the child, the court shall consider, but is not limited to, the following factors:

(h)

Notwithstanding any provision to the contrary, except as provided in subjection (j) of this section, no person shall be granted legal custody, physical custody, visitation with a child or have access to any records relating to the child under W.S. 20
‑
2
‑
201(e) if
t
he person has been convicted under or pled nolo contendere to a violation of W.S. 6
‑
2
‑
302, 6
‑
2
‑
303, 6
‑
2
‑
314, 6
‑
2
‑
315, 6
‑
2
‑
316(a)(ii) or (iii) or other similar law of another jurisdiction and the child was conceived as a result of that violation
.

(j)

The provisions of subsection (h) of this section shall not apply where:

(i)

The innocent biological parent or legal guardian of the child consents and the court determines it is in the best interest of the child to award custody to the convicted or offending person; or

(ii)

After the date of the conviction or violation, the biological parents cohabit and establish a mutual custodial environment for the child.

20
‑
2
‑
202
.

Visitation.

(a)

Except
under circumstances as
provided in W.S. 20
‑
2
‑
201(h), t
he court may order visitation it deems in the best interests of each child and the court shall:

Section 2
.

The provisions of s
ection 1
of this act
shall apply to convictions
or violations
occurring on or after the effective date of this act.

Section
3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0158