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23LSO-0305
2023
STATE OF WYOMING
23LSO-0305
Numbered
2.0
HOUSE BILL NO. HB0091
News source shield law.
Sponsored by: Representative(s) Zwonitzer, Dn, Brown, Henderson, Provenza, Singh, Stith and Yin and Senator(s) Barlow and Nethercott
A BILL
for
AN ACT relating to civil and criminal procedure; providing a privilege as specified for journalists who refuse to disclose news information; specifying applicability; allowing for exceptions; 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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701 through 1
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707 are created to read:
ARTICLE 7
PRIVILEGED COMMUNICATIONS
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701.
Definition.
(a)
As used in this article, "news information" means:
(i)
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
(ii)
The identity of the source of the information.
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702.
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 if the journalist:
(i)
Obtains or receives the news 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 (1) 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 news 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 that has as one (1) of its principal functions the processing and researching of news intended for publication or for broadcast by a radio station or television network.
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703.
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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702. 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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702.
(b)
Any news information obtained in violation of the privilege asserted under W.S. 1
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702 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 under W.S. 1
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702.
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704.
Privileged communications; applicability.
(a)
The privilege asserted under W.S. 1
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702 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 available.
(b)
The privilege asserted under W.S. 1
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702 shall be available 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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705.
Burden of proof.
Except as provided in W.S. 1
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706(a)(ii) with respect to defamation actions, in any action to compel disclosure of news information, a journalist asserting a privilege under W.S. 1
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702 shall have the burden of proving the existence of the privilege.
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706.
Exceptions allowing compelled disclosure.
(a)
There is no privilege under W.S. 1
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702 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 that would otherwise be privileged under W.S 1
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702 can demonstrate that the news information will lead to evidence necessary to an element of the defamation claim.
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707.
Waiver.
A journalist waives the privilege
under W.S. 1
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702
if the journalist voluntarily discloses or consents to disclosure of the news information but only to the extent of the disclosure.
Section 2.
W.S. 7
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403(a)(intro), (iii) 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
all of the following
:
(iii)
Proceedings for contempt;
and
(v)
Privileged information as provided in W.S. 1
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701 through 1
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707.
Section 3
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This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution
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(END)
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HB0091