HB0087 • 2017

Return of victim's property held as evidence.

AN ACT relating to the victim and witness bill of rights; providing for the return of property where photographs may be submitted into evidence in place of the property as specified; and providing for an effective date.

Enacted

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

Sponsor: Representative Pownall
Last action: 2017-03-06
Official status: enrolled
Effective date: 7/1/2017

Plain English Breakdown

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

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0087HS001

Standing Committee • HJudiciary

Adopted

Plain English: Adopted Standing Committee by HJudiciary

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2017-03-06 Governor
Governor Signed HEA No. 0070
2017-03-06 LSO
Assigned Chapter Number
2017-02-27 Senate
S President Signed HEA No. 0070
2017-02-27 House
H Speaker Signed HEA No. 0070
2017-02-24 LSO
Assigned Number HEA No. 0070
2017-02-24 Senate
S 3rd Reading:Passed 29-0-1-0-0
2017-02-23 Senate
S 2nd Reading:Passed
2017-02-22 Senate
S COW:Passed
2017-02-13 Senate
S Placed on General File
2017-02-13 Senate
S01 - Judiciary:Recommend Do Pass 3-2-0-0-0
2017-02-06 Senate
S Introduced and Referred to S01 - Judiciary
2017-01-27 Senate
S Received for Introduction
2017-01-25 House
H 3rd Reading:Passed 58-0-2-0-0
2017-01-24 House
H 2nd Reading:Passed
2017-01-23 House
H COW:Passed
2017-01-20 House
H Placed on General File
2017-01-20 House
H01 - Judiciary:Recommend Amend and Do Pass 9-0-0-0-0
2017-01-12 House
H Introduced and Referred to H01 - Judiciary
2017-01-12 House
H Introduced and Referred to {NextAssignedTo}
2017-01-09 House
H Received for Introduction
2017-01-06 LSO
Bill Number Assigned

Official Summary Text

Bill Summary

Bill No.:
HB0087
Effective
:

7/1/2017

LSO No.:
17LSO-0338

Enrolled Act No.:
HEA No. 0070

Chapter No.:
[Chapter Number_RO]

Prime Sponsor:
Pownall

Catch Title:
Return of victim's property held as evidence.

Subject:
Return of property held as evidence to a victim or witness

Summary/Major Elements:

T
he
V
ictims
B
ill
of
R
ights
requires criminal justice agencies to work together to expedite the return of personal pro
perty of a victim or
witness
when
the
property is no longer needed
.

This bill
specifies
that
the prosecuting attorney shall make an initial
determination
whether to expedite the return of property to a victim or witness within sixty days after the property is taken as evidence
. In exercising
discretion regarding
the return of property, the prosecuting attorney
is directed to consider:

If p
hotographs of the property will
be admissible in lieu of the
property
;
If t
he
photographs
will
substantially prejudice any criminal proceedings
;
If t
he property is required for evidentiary
analysis
;
and
If t
he ownership of the property is disputed.

This bill also requires
the prosecuting attorney to

notify the attorney for
the defendant of the intent
to return the property within twenty days prior to the return of
the property.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill
.

Current Bill Text

Read the full stored bill text

ORIGINAL
House
Bill No
.
HB0087

ENROLLED ACT NO. 70,

HOUSE OF REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to the victim and witness bill of rights; providing for the return of property where photographs may be submitted into evidence in place of the property as specified; and providing for an effective date.

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

Section 1
.

W.S. 1
‑
40
‑
208(
b)
and (c)
is amended to read:

1
‑
40
‑
208
.

Prompt return of property
; photographs in lieu of property
.

(b)

Criminal justice agencies shall work together to expedite the return of
property
, which is not contraband,
when it is no longer needed. Prosecuting attorneys shall promptly notify law enforcement agencies when evidence is no longer needed.

The prosecuting attorney shall notify the attorneys for the defendants of the intention to return the property twenty (20) days prior to its return to enable the defendants to seek relief from the court. No notice is required in the absence of a known suspect or defendant unless otherwise ordered by the court. No later than sixty
(60)
days after the property is taken as evidence, the prosecuting attorney shall make an initial determination whether to expedite the return of property to the victim or witness. The prosecuting attorney in exercising discretion to expedite the return of property shall consider whether:

(i)

P
hotographs of
the
property
would be
admissible as evidence
in lieu of the property
;

(ii
)

S
ubmitting the photographs into evidence in
lieu
of the property will

substantially pr
ejudice any criminal proceeding;

(
i
ii)

The property is
required
for

evidentiary
analysis
;
and

(iv)

Ownership
of the property is disputed.

(c)

The trial court exercising jurisdiction over a criminal proceeding shall, if requested, enter appropriate orders to
implement the provisions of this section
preserve the property for evidentiary analysis or use, or return the property to the victim or witness as appropriate
.

Section

2
.

This
act is effective July 1,
201
7
.

(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

1