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21LSO-0490
2021
STATE OF WYOMING
21LSO-0490
ENGROSSED
3.0
CORRECTED COPY
HOUSE BILL NO. HB0103
Journalists-privileged communications.
Sponsored by: Representative(s) Zwonitzer, Barlow, Brown, MacGuire, Provenza, Sherwood, Stith and Yin and Senator(s) Case, Nethercott and Pappas
A BILL
for
AN ACT relating to civil and criminal procedure; providing a privilege for journalists who refuse to disclose news information as specified; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 1
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12
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701 through 1
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12
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707 are created to read:
ARTICLE 7
PRIVILEGED COMMUNICATIONS
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701.
Journalist privilege to refuse to disclose news information.
(a)
A current or former journalist shall have a privilege to refuse to disclose and to prevent the disclosure of any news information obtained or received in confidence or the identity of the source of the information if the journalist:
(i)
Obtains or receives the information, with or without solicitation, in the course of gathering or obtaining news for publication in or with a newspaper, magazine, news media, press association, wire service, website or other professional medium or agency that has as one of its principal functions the processing and researching of news intended for publication or for broadcast by a radio station or television network; and
(ii)
When the information was obtained or received, was employed by or was otherwise in a news gathering capacity with a newspaper, magazine, news media, press association, wire service, website, radio station, television network or other professional medium or agency.
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12
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702.
Privileged information; prohibitions.
(a)
Notwithstanding any other provision of law, and except as provided in this act, a court in connection with any civil or criminal proceeding, the legislature, any agency or any other public body having the power of contempt shall not hold in contempt any journalist for asserting the privilege under W.S. 1
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701. A grand jury shall not request any court to hold any journalist in contempt for asserting the privilege under W.S. 1
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701.
(b)
Any news information obtained in violation of the privilege asserted under W.S. 1
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701 is inadmissible in any action, proceeding or hearing before the legislature, any court or any other agency or public body in the state.
(c)
No fine, term of imprisonment or civil penalty shall be imposed upon any journalist for asserting the privilege in accordance with W.S. 1
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701.
1
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12
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703.
Privileged communications; applicability.
(a)
The privilege asserted under W.S. 1
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12
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701 applies notwithstanding whether:
(i)
A court, the legislature, any agency or any other public body determines that the information is highly relevant to a particular proceeding; or
(ii)
The information is published or otherwise publicly released.
(b)
The privilege asserted under W.S. 1
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701 shall apply to any supervisor or employer having authority over the journalist, including any faculty advisor, educational institution, newspaper, magazine, radio station or television station.
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704.
Burden of proof.
Except as provided in W.S. 1
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705(a)(ii) with respect to defamation actions, in any action to compel disclosure of news information, the journalist asserting a privilege
under W.S. 1
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701 shall have the burden of proving the existence of the privilege.
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12
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705.
Exceptions allowing compelled disclosure.
(a)
There is no privilege under W.S. 1
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701 if either of the following conditions is met:
(i)
Failure to disclose the news information will create an imminent risk of death or serious bodily harm;
(ii)
In a defamation action where a person seeking disclosure of news information which would otherwise be privileged under W.S 1
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701 can demonstrate that the news information will lead to evidence that is relevant to an element of the defamation claim.
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706.
Waiver.
A journalist waives the privilege
under W.S. 1
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701
if the journalist voluntarily discloses or consents to disclosure of the news information.
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707.
Definitions.
(a)
As used in this act:
(i)
"Journalist" means any person who is professionally engaged in gathering, preparing, writing, editing, filming, taping, photographing or broadcasting news on a radio or television station licensed by the federal communications commission or for publication in or with a newspaper, magazine, news media, press association, wire service, website or other professional medium or agency that has as one of its principal functions the processing and researching of news intended for publication. "Journalist" includes any person who is an employee of or who is otherwise affiliated with a medium or agency that has as one of its principal functions the processing and researching of news intended for publication and includes any student enrolled at the University of
Wyoming or a Wyoming community college who, regardless of pay, otherwise meets the requirements of this paragraph;
(ii)
"News information" means:
(A)
Any written, oral, pictorial, photographic or electronically recorded information or communication concerning local, national or worldwide events or other matters of public concern or public interest or affecting the public welfare; and
(B)
The identity of the source of the information.
(b)
"This act" means W.S. 1
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701 through 1
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707.
Section 2.
W.S. 7
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403(a)(iii), (iv) and by creating a new paragraph (v) is amended to read:
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403.
Applicability of rules and civil procedure provisions.
(a)
To the extent practicable and when not otherwise specifically provided, the provisions of the Wyoming Rules of Civil Procedure, the Wyoming Rules of Evidence and the Wyoming Code of Civil Procedure shall govern in criminal cases, relative to:
(iii)
Proceedings for contempt;
and
(iv)
Proceedings to enforce the remedies and protect the rights of parties
;
.
and
(v)
Privileged information as provided in W.S. 1
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701 through 1
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707.
Section 3
.
This act is effective July 1, 2021
.
(END)
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HB0103