Sexual assault-custody rights.

2017
STATE OF WYOMING
17LSO-0163
Introduced
1.2

HOUSE BILL

NO.

HB0216

Sexual assault-custody rights.

Sponsored by:
Representative(s) Blackburn, Edwards, Jennings, Lindholm, Lone, Miller, Olsen, Pelkey, Piiparinen and Winters and Senator(s) Driskill, Hastert and Meier

A BILL

for

AN ACT relating to child custody and visitation; prohibiting the granting of custody, visitation or access to records to persons who have committed sexual assault as specified; 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
‑
206 is created to read:

20
‑
2
‑
206
.

Prohibition on custody and visitation.

(a)

Notwithstanding any provision to the contrary and except as otherwise provided in this section, no person shall be granted legal custody, physical custody, visitation with a child or have access to any records relating to a child under
W.S. 20
‑
2
‑
201
(
e) if the court finds by clear and convincing evidence that the person
committed sexual assault and the child was conceived as a result of the sexual assault.

(b)

This
section
shall not apply if:

(i)

The innocent biological parent or legal guardian of the child consents and the court determines it is in the best inte
rest of the child to award custody
, grant visitation or allow access to the records of the child
to the convicted or offending person; or

(ii)

After the date of the sexual assault, the biological parents of the child voluntarily cohabit together and establish a mutual custodial environment for the child
and the court determines it is in the best interest of the child to award custody
, grant visitation or
allow access to the records of the child
to the convicted or offending person
.

(c)

For purposes of this section, a person committed sexual assault if the person engaged in a course of conduct that is prohibited under W.S. 6
‑
2
‑
302, 6
‑
2
‑
303, 6
‑
2
‑
314, 6
‑
2
‑
315 or 6
‑
2
‑
316(
a)(ii) or (iii) or other similar law of another jurisdiction, regardless of whether the person has been charged or convicted for the sexual assault. The court shall accept as conclusive proof of sexual assault a conviction or a plea of guilty or nolo contendere.

Section 2
.

W.S. 20
‑
2
‑
201
(
a)(intro)
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)

Except as otherwise provided in
W.S. 20
‑
2
‑
206
, i
n 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. In determining the best interests of the child, the court shall consider, but is not limited to, the following factors:

20
‑
2
‑
202
.

Visitation.

(a)

Except under circumstances as provided in W.S. 20
‑
2
‑
206
, t
he court may order visitation it deems in the best interests of each child and the court shall:

Section
3
.

This
act shall apply to
sexual assaults
occurring on or after the effective date of this act.

Section
4
.

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
HB0216