Sex offenders-child care facilities.

24LSO-0359
2024
STATE OF WYOMING
24LSO-0359
Numbered
2.0

HOUSE BILL NO. HB0152

Sex offenders-child care facilities.

Sponsored by: Representative(s) Ottman, Andrew, Angelos, Banks, Knapp, Northrup, Penn, Trujillo and Winter and Senator(s) Hutchings

A BILL

for

AN ACT relating to crimes and offenses; prohibiting sex offenders from accessing or residing near child care facilities as specified; providing exceptions; providing a definition; and providing for an effective date.

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

Section 1
.

W.S. 6
‑
2
‑
320(a)(intro), by creating new paragraphs (v) through (vii), (e) by creating a new paragraph (iii) and by creating a new subsection (f) is amended to read:

6
‑
2
‑
320.

Prohibited access to school and child care

facilities by adult sex offenders; exceptions; penalties; definitions.

(a)

Except as provided in
subsection
subsections
(b)
and (f)
of this section, no person who is eighteen (18) years of age or older who is required to register as a sex offender pursuant to W.S. 7
‑
19
‑
302 shall:

(v)

Be upon or remain on the premises of any child care facility in this state when the registered offender has reason to believe children under the age of eighteen (18) years are present at the child care facility for the purpose of receiving temporary child care or because the children reside in a group home for children;

(vi)

Knowingly loiter on a public way within one thousand (1,000) feet from the property line of a child care facility in this state when the registered offender has reason to believe children under the age of eighteen (18) years are present at the child care facility for the purpose of receiving temporary child care or because the children reside in a group home for children;

(vii)

Reside within one thousand (1,000) feet of the property on which a child care facility is located, measured from the nearest point of the exterior wall of the registered offender's dwelling unit to the child care facility's property line, except that this paragraph shall not apply if the registered offender established residence at the location prior to July 1, 2024 or prior to the date on which the child care facility was established at the location.

(e)

As used in this section:

(iii)

"Child care facility" means:

(A)

A building at which a person licensed or certified under the provisions of W.S. 14
‑
4
‑
101 through 14
‑
4
‑
111 provides child care or operates a group home for children;

(B)

A facility which is administered or supervised by a governmental entity, including the state, local governments or school districts, and which provides:

(I)

Child care at the request of the parents, legal guardians or an agency responsible for the children; or

(II)

Residential care to children in a group home at the request of the parents, legal guardians or an agency responsible for the children.

(f)

The provisions of paragraphs (a)(v) through (vii) of this section shall not apply to the extent the registered sex offender:

(i)

Is dropping off or picking up a child and the registered offender is the child's parent or legal guardian;

(ii)

With the written permission of the child care facility owner, operator, administrator or person with equivalent authority, is attending an event or activity planned by the child care facility with facility staff present when the registered offender is a parent or legal guardian of a child who is participating in the event or activity;

(iii)

Is temporarily at the child care facility for the purpose of making a mail, food or other delivery;

(iv)

Works in a multipurpose building that includes a child care facility;

(v)

Is exercising his right to vote in a public election;

(vi)

Resides at a state licensed or certified facility for incarceration, health or convalescent care that is within one thousand (1,000) feet from the property on which a child care facility is located;

(vii)

Stays at a homeless shelter or resides at a recovery facility that is within one thousand (1,000) feet from the property on which a child care facility is located if the shelter or facility has been approved for sex offenders by the county sheriff or city police chief in which the shelter or facility is located.

Section 2
.

This act is effective July 1, 2024
.

(END)

1
HB0152