Orders of protection-revisions.

ORIGINAL
Senate
ENGROSSED
File No
.
SF0022

ENROLLED ACT NO. 49,

SENATE

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

AN ACT relating to criminal procedure and orders of protection; amending the crime of felony stalking; modifying provisions relating to orders of protection as specified; making conforming amendments; repealing provisions relating to orders of protection; providing applicability; and providing for an effective date.

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

Section
1
.

W.S.
6
‑
2
‑
506(e)(iv), 6
‑
4
‑
404(a), 7
‑
3
‑
507(a)
(intro)
, 7
‑
3
‑
508(c), 7
‑
3
‑
509(b), 7
‑
3
‑
510(b)
(intro)
, 35
‑
21
‑
104(b)
,
35
‑
21
‑
105(c)
and 35
‑
21
‑
106(b)
are amended to read:

6
‑
2
‑
506
.

Stalking; penalty.

(e)

A person convicted of stalking under subsection (b) of this section is guilty of felony stalking punishable by imprisonment for not more than ten (10) years, if:

(iv)

The defendant committed the offense of stalking in violation of a temporary or permanent order of protection issued pursuant to W.S. 7
‑
3
‑
508
,

or
7
‑
3
‑
509,
35
‑
21
‑
104 or 35
‑
21
‑
105

or pursuant to a substantially similar law of another jurisdiction.

6
‑
4
‑
404
.

Violation of domestic violence order of protection; penalty.

(a)

Any person who willfully violates a protection order
issued pursuant to W.S. 35
‑
21
‑
104 or 35
‑
21
‑
105
or valid
foreign protection order
injunction or order for protection against domestic violence
as defined in W.S. 35
‑
21
‑
109(a), is guilty of a misdemeanor punishable by
imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

7
‑
3
‑
507
.

Petition for order of protection; contents; requisites; indigent petitioners.

(a)

A petition for an order of protection may be filed by a victim of stalking, or the district attorney on behalf of the alleged victim.

A petition for an order of protection for a victim
of sexual assault
may be filed by:

7
‑
3
‑
508
.

Temporary order of protection; setting hearing.

(c)

A temporary order of protection issued under paragraph (b) of this section shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 7
‑
3
‑
510(c)
,
and can result in immediate arrest.
Orders involving stalking
The order

shall also state that a violation
may in some cases
that constitutes the offense of stalking
as defined by W.S. 6
‑
2
‑
506(b)
may
subject the perpetrator to enhanced penalties for felony stalking under W.S. 6
‑
2
‑
506(e).

7
‑
3
‑
509
.

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

(b)

The order shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 7
‑
3
‑
510(c) and can result in immediate arrest.
Orders involving stalking
The order

shall also state that a violation
may in some cases
that constitutes the offense of stalking
as defined by W.S. 6
‑
2
‑
506(b)
may

subject the perpetrator to enhanced penalties for felony stalking under W.S. 6
‑
2
‑
506(e).

7
‑
3
‑
510
.

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

(b)

An order of protection granted by the court under W.S. 7
‑
3
‑
509 shall be effective for a fixed period of time
as provided in paragraphs (i) and (ii) of this subsection

not to exceed
three (3
) year
s
. Either party may move to modify, terminate or extend the order. The order may be extended repetitively upon a showing of good cause for additional periods of time
, not to exceed one (1) year each,
if the court finds from specific facts that a clear and present danger to the victim continues to exist.

The period of time for an original order of protection shall be as follows:

35
‑
21
‑
104
.

Temporary order of protection; setting hearing.

(b)

An order of protection issued under this section shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 6
‑
4
‑
404, can result in immediate arrest and may result in further punishment.
O
rder
s
shall also
contain notice
that a violation that constitutes the offense of stalking as defined by W.S. 6
‑
2
‑
506(b) may subject the perpetrator to enhanced penalties for felony stalking under W.S. 6
‑
2
‑
506(e).

35
‑
21
‑
105
.

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

(c)

The order shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 6
‑
4
‑
404, can result in immediate arrest and may result in further punishment.
O
rder
s
shall also
contain notice
that a violation that constitutes the offense of stalking as defined by W.S. 6
‑
2
‑
506(b) may subject the perpetrator to enhanced penalties for felony stalking under W.S. 6
‑
2
‑
506(e).

35-21-106.

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

(b)

An order of protection granted by the court shall be effective for a fixed period of time not to exceed
one (1) year

three (3) years
. Either party may move to modify, terminate or extend the order. The order may be extended repetitively upon a showing of good cause for additional periods of time not to exceed one (1) year each. The filing of an action for divorce shall not supersede an order of protection granted under this act.

Section 2
.

W.S. 6
‑
4
‑
404(b) and 7
‑
3
‑
510(b)(i) and (ii) are repealed.

Section 3
.

This act shall apply to crimes committed and orders of protection issued on or after the effective date of this act.

Section
4
.

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
Senate
.

Chief Clerk

1