Domestic abuse-phone numbers.

ORIGINAL
House
Bill No
.
HB0117

ENROLLED ACT NO. 35,

HOUSE OF REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2018 Budget Session

AN ACT relating to domestic abuse and sexual violence; allowing a court to transfer to a petitioner the sole right to use and sole financial responsibility for a telephone number as part of an order of protection; providing conditions on transfers of telephone numbers; providing immunity; providing notice and compliance requirements regarding telecommunications providers; and providing for an effective date.

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

Section
1
.

W.S.
35
‑
21
‑
102(a) by creating new paragraphs (vi) and (vii) and
by renumbering (vi) as (viii)
,
35
‑
21
‑
105(a) by creating
a
new

paragraph
(viii)
and
35
‑
21
‑
106 by creating a new subsection (e)

are amended to read:

35
‑
21
‑
102
.

Definitions.

(a)

As used in this act:

(vi)

"
Financial responsibility
"
means an obligation to pay
to a provider
service fees and other cost
s and charges associated with
the provision of commercial mobile services
;

(vii)

"
Provider
"
means a person or entity that provides commercial mobile services as defined in 47 U.S.C. § 332(d);

(vi)
(viii
)

"
This act
"
means W.S. 35
‑
21
‑
101 through 35
‑
21
‑
111.

35
‑
21
‑
105
.

Order of protection; contents; remedies; order not to affect title to property; conditions.

(a)

Upon finding that an act of domestic abuse has occurred, the court shall enter an order of protection ordering the respondent household member to refrain from abusing the petitioner or any other household member. The order shall specifically describe the behavior that the court has ordered the respondent to do or refrain from doing. As a part of any order of protection, the court may:

(viii
)

If the petitioner is not the account holder, g
rant
the petitioner
and order a provider to transfer to the petitioner
the sole right to use
and sole financial responsibility for
a

telephone number
used by
the
petitioner or a minor child in the petitioner
'
s custody
and
terminat
e
in the provider's system
the respondent
'
s
ability to use, and to access
any data associated with, the
telephone
number
.
An order issued under this paragraph shall list the name and billing telephone number of the account holder, the name and contact information of the petitioner and each telephone number to be transferred to the petitioner.
In issuin
g an order under this paragraph, the court shall ensure that the petition
er
's contact information is not disclosed to the respondent or any account holder.
The order shall be served on the provider pursuant to W.S. 35
‑
21
‑
106(e).
A provider may,

not later than

five (5) business days
after
being served with an order under this paragraph
,

notify
the petitioner and the court
that
compliance with the order is not possible
or practicable
because
an account holder
named in the order
has terminated the account
, differences in network technology would prevent the functionality of a device on the network or there are geographic limitations on network or service availability
.
In
complying with an order issued under this paragraph
,
a
provider
may apply any
customary
requirements
for establishing an account and transferring a
telephone number.
A provider is immune from civil liability for complying with an order issued under this paragraph.

35
‑
21
‑
106
.

Service of order; duration and extension of order; violation; remedies not exclusive.

(e)

The clerk of the court shall cause
that part of
an
order
of protection directing the transfer of a telephone number to a petitioner as provided in W
.S. 35
‑
21
‑
105(a)(viii)
to
be served on the
affected

provider
pursuant to
W.S. 17
‑
28
‑
104.

Section 2
.

This act is effective
July 1, 2018
.

(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