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SF0092 • 2024

Registered sex offender-employment restrictions.

AN ACT relating to the regulation of sex offenders; prohibiting sex offenders from applying for and accepting employment and volunteer positions involving minors as specified; providing an exception; specifying penalties; specifying applicability; and providing for an effective date.

Children Crime Labor
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Senator Ellis
Last action
2024-02-23
Official status
inactive
Effective date
3/1/2024

Plain English Breakdown

The bill did not pass and was not considered for the Committee of the Whole.

Rules for Sex Offenders in Jobs and Volunteer Work

The bill stops sex offenders from getting jobs or volunteer positions that involve working closely with minors, unless a judge allows it.

What This Bill Does

  • It makes it against the law for registered sex offenders to apply for or take jobs or volunteer roles where they work directly with minors who are not supervised by adults.
  • Sex offenders can ask a judge to allow them to have these types of jobs if they prove they don't pose a risk to children.
  • If someone breaks this rule, they could face up to six months in jail and/or a fine of $750.

Who It Names or Affects

  • Registered sex offenders who are at least 18 years old
  • Employers and organizations that hire people or accept volunteers to work with minors

Terms To Know

Sex offender
A person required by law to register as someone convicted of a sex crime.

Limits and Unknowns

  • This bill did not pass and was not considered by the Committee of the Whole.
  • It only applies to employment and volunteer positions starting on or after July 1, 2024.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0092SS001

Standing Committee • Senate Judiciary Committee

Filed

Plain English: The amendment adds exceptions to the employment restrictions for registered sex offenders involving minors, allowing certain offenders who committed their offense more than ten years ago or were minors themselves at the time of the crime and completed treatment to apply for jobs with minors.

  • Adds an exception for registered sex offenders whose offenses occurred over ten years prior.
  • Includes a provision that allows exceptions if the offender was under 18 when they committed their offense and has successfully completed related treatment.
  • Limits the applicability of the restrictions to those required to register as sex offenders due to crimes involving minor victims after July 1, 2024.
  • The amendment text does not specify all penalties or consequences for violating these new provisions.

Bill History

  1. 2024-02-23 Senate

    S COW:S Did not consider for COW

  2. 2024-02-19 Senate

    S Placed on General File

  3. 2024-02-19 Senate

    S01 - Judiciary:Recommend Amend and Do Pass 4-1-0-0-0

  4. 2024-02-14 Senate

    S Introduced and Referred to S01 - Judiciary 29-2-0-0-0

  5. 2024-02-13 Senate

    S Received for Introduction

  6. 2024-02-12 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
24LSO-0482
2024
STATE OF WYOMING
24LSO-0482
Numbered
2.0

SENATE FILE NO. SF0092

Registered sex offender-employment restrictions.

Sponsored by: Senator(s) Ellis and Cooper and Representative(s) Harshman, Northrup and Trujillo

A BILL

for

AN ACT relating to the regulation of sex offenders; prohibiting sex offenders from applying for and accepting employment and volunteer positions involving minors as specified; providing an exception; specifying penalties; specifying applicability; and providing for an effective date.

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

Section 1
.

W.S. 6
‑
2
‑
321 is created to read:

6
‑
2
‑
321.

Prohibited employment and volunteer positions for adult sex offenders; exception; penalties.

(a)

Except as provided in subsection (b) 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
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302 for an offense involving a minor victim shall:

(i)

Apply for and accept or engage in any paid or unpaid employment or volunteer position that requires the registered offender to interact primarily and directly with co
‑
workers who are minors;

(ii)

Apply for and accept or engage in any paid or unpaid employment or volunteer position that requires the registered offender to provide services primarily and directly to minors who are unaccompanied by parents or guardians.

(b)

The provisions of subsection (a) of this section shall not apply if the registered offender obtains a court order relieving the registered offender from the provisions of subsection (a) of this section, subject to the following:

(i)

The registered offender shall petition the district court for the district in which the offender is registered to be relieved from the provisions of subsection (a) of this section;

(ii)

The petition shall be served on the prosecuting attorney for the county in which the petition is filed. The court shall not grant a petition that was not served on the prosecuting attorney. The prosecuting attorney may file a responsive pleading within thirty (30) days after service of the petition;

(iii)

The petition shall include all of the following:

(A)

A certified copy of the adjudication or conviction requiring registration under W.S. 7
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19
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302, including a detailed description of the offense;

(B)

A list of each registering agency in each county and jurisdiction in which the registered offender is required to register or has ever been required to register as a sex offender;

(C)

The registered offender's criminal record and an affidavit stating that the registered offender has no pending criminal charges;

(D)

Justification as to why the court should grant relief.

(iv)

The court shall hold a hearing prior to ruling on the petition. At the hearing, the registered offender and the prosecuting attorney shall have an opportunity to be heard;

(v)

The court shall issue an order granting relief from the provisions of subsection (a) of this section if the court finds by clear and convincing evidence that the registered offender does not pose a substantial risk of committing any further sex offense involving a minor victim.

(c)

Any person who violates the provisions of subsection (a) of this section is guilty of a misdemeanor and upon conviction, shall be punished by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

Section 2.

W.S. 7
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13
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1502(a)(iv)(D) is amended to read:

7
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13
‑
1502.

Petition for expungement of records of conviction of certain felonies; filing fee; notice; objections; hearing; definitions; restoration of rights.

(a)

A person convicted of a felony or felonies subject to expungement under this section arising out of the same occurrence or related course of events, may petition the convicting court for an expungement of the records of conviction, subject to the following limitations:

(iv)

Felonies subject to expungement under this section shall not include:

(D)

Any offense punishable under W.S. 6
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2
‑
301 through
6
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2
‑
320
6
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2
‑
321
;

Section 3
.

This act shall apply to employment and volunteer positions that begin on or after July 1, 2024. Nothing in this act is intended to be construed to impact or impair employment or volunteer positions that began before July 1, 2024.

Section 4
.

This act is effective July 1, 2024
.

(END)

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SF0092