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SF0098 • 2021
Bail source hearings.
AN ACT relating to criminal procedure; authorizing hearings to set and modify bail based on the source of bail funds used; specifying procedures for setting bail and for bail modification; making conforming amendments; specifying applicability; 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 Ellis
- Last action
- 2021-03-22
- Official status
- inactive
- Effective date
- 3/1/2021
Plain English Breakdown
The bill did not pass, so there are no effective dates or specific applicability details provided in the official source material.
Bail Source Hearings
This bill allows judges to hold hearings and make orders about bail when the money used for bail might come from illegal activities.
What This Bill Does
- Creates a new law that lets courts check where bail money comes from before setting or changing bail amounts.
- Requires defendants to show proof of their bail money's source if asked by a judge.
- Updates existing laws about how judges set and change bail conditions.
Who It Names or Affects
- People who are arrested or accused of crimes
- Judges in circuit courts and district courts
Terms To Know
- Bail
- Money or other security given to a court so that someone can be released from jail before their trial.
- Proceedings
- The process of holding hearings and making decisions in a legal case.
Limits and Unknowns
- This bill did not pass, so it does not change any laws.
- It is unclear how often judges will use these new powers to check bail money sources.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: The amendment adds new requirements for bail hearings by including financial records to verify income and ensures that existing law remains in effect.
- Adds a requirement for courts to consider financial institution or employment records when verifying the source of bail funds.
- Includes language stating that proceedings under this section do not change other relevant laws, specifically W.S. 6-2-711.
- The amendment does not provide details on how courts will use these new requirements in practice.
Bill History
-
2021-03-22
Senate
S COW:Failed 2-28-0-0-0
-
2021-03-08
Senate
S Placed on General File
-
2021-03-08
Senate
S01 - Judiciary:Recommend Do Pass 3-2-0-0-0
-
2021-03-01
Senate
S Introduced and Referred to S01 - Judiciary
-
2021-02-23
Senate
S Received for Introduction
-
2021-02-19
LSO
Bill Number Assigned
Current Bill Text
Read the full stored bill text
21LSO-0157
2021
STATE OF WYOMING
21LSO-0157
Numbered
2.0
SENATE FILE NO. SF0098
Bail source hearings.
Sponsored by: Senator(s) Ellis, Cooper, Kolb and Pappas and Representative(s) Blackburn and Zwonitzer
A BILL
for
AN ACT relating to criminal procedure; authorizing hearings to set and modify bail based on the source of bail funds used; specifying procedures for setting bail and for bail modification; making conforming amendments; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 7
‑
10
‑
107 is created to read:
7
‑
10
‑
107.
Examination and review of proceeds and funds used for bail.
(a)
A circuit court or district court may conduct hearings and may enter orders necessary for the purpose of ensuring that a defendant does not use or has not used any proceeds directly or indirectly derived from a criminal offense to use as cash, appearance bond or other security for bail.
(b)
Before entering an order admitting a defendant to bail, the circuit court or district court may require the defendant to provide documentation or other evidence of the source of any cash, bonds or sureties that would be used for bail.
Section 2.
W.S. 7
‑
10
‑
102 is amended to read:
7
‑
10
‑
102.
Matters governed by rules.
The rules promulgated by the Wyoming supreme court shall govern in all matters relating to the terms, amount and conditions of bail, justification of sureties
subject to W.S. 7
‑
10
‑
107
and procedures for forfeiture, enforcement
and exoneration upon breach or default of the conditions of bail.
Section 3.
The provisions of this act shall apply to all persons charged with criminal offenses on or after the effective date of this act.
Section 4
.
This act is effective July 1, 2021
.
(END)
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SF0098