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SF0075 • 2021
Protective orders-amendments.
AN ACT relating to the courts; permitting courts to enter stipulated protective orders as specified; and providing for an effective date.
Crime
Did Not Pass
The latest official action shows that this bill did not move forward in that session.
- Sponsor
- Senator Landen
- Last action
- 2021-04-07
- Official status
- inactive
- Effective date
- 3/1/2021
Plain English Breakdown
The bill did not pass, so details about specific conditions for stipulated protective orders are not applicable.
Changes to Protective Orders
The bill allows courts in Wyoming to issue protective orders based on agreements between parties without a formal hearing and ensures these orders have the same legal force as those issued after a full court hearing.
What This Bill Does
- Allows courts to enter protective orders based on agreements between the involved parties, even without a formal hearing.
- Requires these stipulated protective orders to be valid and enforceable just like orders made after a full court hearing.
Who It Names or Affects
- Courts in Wyoming
- People involved in protective order cases
Terms To Know
- Stipulated Protective Order
- A court order agreed upon by both parties without a formal hearing.
- Respondent
- The person against whom the protective order is issued.
Limits and Unknowns
- The bill did not pass and was postponed indefinitely on April 7, 2021.
- It would have taken effect July 1, 2021, if it had passed.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: The amendment updates the language in existing laws to clarify that willful violation of protective orders is a crime and can lead to arrest, with additional penalties if it involves stalking.
- Adds new sections (b) and (c) after line 12 on page 1, specifying that violations of protective orders are crimes punishable by immediate arrest and enhanced penalties for felony stalking.
- Modifies lines 8 and 36 to include exceptions where a first violation does not lead to prosecution for felony stalking.
- The amendment text is technical and may require further context from the existing laws it references to fully understand all implications.
Plain English: This amendment adds requirements for courts to provide written advisements about evidentiary hearings and stipulated agreements, which must be signed by the respondent before a protective order can be issued.
- Adds language after '(d)' and '(k)' requiring respondents to receive written advice on the nature of an evidentiary hearing versus a stipulated agreement.
- Inserts new text after specific lines stating that the written advisement must be signed by the respondent before any order is entered.
- The amendment does not specify what exactly should be included in the written advisements or how they will affect court proceedings beyond requiring their signature.
SF0075HS001
Standing Committee • House Judiciary Committee
Adopted
Plain English: The amendment changes how the bill becomes effective, making it take effect immediately after completing the legal requirements for becoming law.
- Changes the timing of when the act takes effect to be immediate upon completion of all necessary steps as required by Wyoming's constitution.
- The amendment does not provide details on what specific acts are necessary for a bill to become law, which may require additional research or context.
Plain English: The amendment removes certain House amendments from the bill about protective orders and adopts a new one.
- Removes specific House amendments that were previously added to the bill.
- Adds a new House amendment related to stipulated protective orders.
- The exact details of what was removed or changed by the deleted House amendments are not provided in the official text, making it hard to explain their specific impacts.
SF0075SS001
Standing Committee • Senate Judiciary Committee
Adopted
Plain English: The amendment allows courts to issue protective orders without holding a hearing or making factual findings if the parties agree.
- Courts can now enter protective orders based on agreements between parties without needing to hold a hearing or make specific findings about what happened.
- These new types of protective orders will have the same legal power as traditional protective orders that come after hearings and detailed fact-finding.
- The exact circumstances under which these stipulated protective orders can be used are not fully explained in the amendment text.
Bill History
-
2021-04-07
Senate
S postponed indefinitely
-
2021-04-02
House
H Appointed JCC01 Members
-
2021-04-02
Senate
S Appointed JCC01 Members
-
2021-04-01
Senate
S Concur:Failed 0-30-0-0-0
-
2021-04-01
Senate
S Received for Concurrence
-
2021-04-01
House
H 3rd Reading:Passed 41-19-0-0-0
-
2021-03-31
House
H 2nd Reading:Passed
-
2021-03-30
House
H COW:Passed
-
2021-03-26
House
H Placed on General File
-
2021-03-26
House
H01 - Judiciary:Recommend Amend and Do Pass 8-0-1-0-0
-
2021-03-18
House
H Introduced and Referred to H01 - Judiciary
-
2021-03-17
House
H Received for Introduction
-
2021-03-17
Senate
S 3rd Reading:Passed 30-0-0-0-0
-
2021-03-12
Senate
S 2nd Reading:Passed
-
2021-03-11
Senate
S COW:Passed
-
2021-03-04
Senate
S Placed on General File
-
2021-03-04
Senate
S01 - Judiciary:Recommend Amend and Do Pass 5-0-0-0-0
-
2021-02-04
Senate
S Introduced and Referred to S01 - Judiciary
-
2021-02-04
Senate
S Received for Introduction
-
2021-01-28
LSO
Bill Number Assigned
Current Bill Text
Read the full stored bill text
21LSO-0324
2021
STATE OF WYOMING
21LSO-0324
ENGROSSED
3.0
SENATE FILE NO. SF0075
Protective orders-amendments.
Sponsored by: Senator(s) Landen, Ellis and Nethercott and Representative(s) Brown and Simpson
A BILL
for
AN ACT relating to the courts; permitting courts to enter stipulated protective orders as specified; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 7
‑
3
‑
509 by creating a new subsection (d) and 35
‑
21
‑
105 by creating a new subsection (k) are amended to read:
7
‑
3
‑
509.
Order of protection; contents; remedies; order not to affect title to property.
(d)
A respondent may make a knowing and voluntary stipulation that a court may exercise jurisdiction over the
respondent and issue an order pursuant to this section without a hearing, factual finding or admission that the conduct giving rise to the petition occurred. An order entered pursuant to this section without a hearing, factual finding or admission that the conduct giving rise to the petition occurred shall be valid and enforceable and have the same force and effect as a protective order entered with findings of fact and conclusions of law.
35
‑
21
‑
105.
Order of protection; contents; remedies; order not to affect title to property; conditions.
(k)
A respondent may make a knowing and voluntary stipulation that a court may exercise jurisdiction over the respondent and issue an order pursuant to this section without a hearing, factual finding or admission that the conduct giving rise to the petition occurred. An order entered pursuant to this section without a hearing, factual finding or admission that the conduct giving rise to the petition occurred shall be valid and enforceable and have the same force and effect as a protective order entered with findings of fact and conclusions of law.
Section 2
.
This act is effective July 1, 2021
.
(END)
1
SF0075