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25LSO-0283
2025
STATE OF WYOMING
25LSO-0283
Numbered
2.0
SENATE FILE NO. SF0012
Permanent protection orders.
Sponsored by: Joint Judiciary Interim Committee
A BILL
for
AN ACT relating to criminal procedure; providing for permanent protection orders for victims of sexual assault, stalking and domestic violence; specifying requirements, procedures and conditions for permanent protection orders; 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
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3
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513 and 35
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21
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113 are created to read:
7
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3
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513.
Permanent orders of protection; requirements; procedures.
(a)
The court may, upon petition by a victim or a person specified in W.S. 7
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3
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507(a), enter a permanent order of protection or extend an order previously issued under W.S. 7
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3
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508 or 7
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3
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509 on a permanent basis. A permanent order of protection shall order the respondent to refrain from any contact or further acts of stalking or sexual assault involving the victim or any other person. Before entering a permanent order of protection under this section, the court shall:
(i)
Consider the respondent's history of violence, the severity of the offense at issue and any evidence presented;
(ii)
Determine that, to avoid further injury or harm to the victim, the victim needs permanent protection.
(b)
Upon conviction, the court may enter a permanent order of protection under this section in favor of the victim against a person convicted of a violent felony as defined by W.S. 6
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1
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104(a)(xii).
(c)
The court may, in any permanent order of protection, specify any of the directions or conditions specified in W.S. 7
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3
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509(a).
(d)
A permanent order of protection shall include the notice required under W.S. 7
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3
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509(b). A hearing shall be held before a permanent order of protection is entered, provided that the petitioner or another party to the hearing may petition the court to appear remotely as provided by W.S. 7
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3
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507(f).
(e)
A permanent order of protection issued under this section may be terminated upon the victim's request that the order be dismissed or upon motion by the respondent and upon good cause shown by the respondent.
35
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21
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113.
Permanent orders of protection; requirements; procedures.
(a)
The court may, upon petition by a victim or a person specified in W.S. 35
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21
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103(a), enter a permanent order of protection or extend an order previously issued under W.S. 35
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21
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103 or 35
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21
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104 on a permanent basis. A permanent order of protection shall order the respondent household member to refrain from having contact with or abusing the petitioner or any other household member. Before entering a permanent order of protection under this section, the court shall:
(i)
Consider the respondent's history of violence, the severity of the offense at issue and any evidence presented;
(ii)
Determine that, to avoid further injury or harm to the victim, the victim needs permanent protection.
(b)
Upon conviction, the court may enter a permanent order of protection under this section in favor of the victim against a person convicted of a violent felony as defined by W.S. 6
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1
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104(a)(xii).
(c)
In any permanent order of protection, the court:
(i)
May specify any of the directions or conditions specified in W.S. 35
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21
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105(a);
(ii)
Shall order any of the conditions or requirements specified in W.S. 35
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21
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105(b) in accordance with W.S. 35
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21
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105(b).
(d)
A permanent order of protection shall include the notice required under W.S. 35
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21
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105(c). A hearing shall be held before a permanent order of protection is entered, provided that the petitioner or another party to the hearing may petition the court to appear remotely as provided by W.S. 35
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21
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103(j).
(e)
A permanent order of protection issued under this section may be terminated upon the victim's request that the order be dismissed or upon motion by the respondent and upon good cause shown by the respondent.
Section 2.
W.S. 7
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3
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506(a)(intro), 7
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3
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507(f), 7
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3
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509(a)(intro) and (c), 7
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3
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510, 7
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3
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511(b)(i), (ii) and (c), 7
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3
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512, 35
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21
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102(a)(viii) and 35
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21
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106(b) and (c) is amended to read:
7
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3
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506.
Definitions.
(a)
As used in W.S. 7
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3
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506 through
7
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3
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512
7
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3
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513
:
7
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3
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507.
Petition for order of protection; contents; requisites; indigent petitioners; remote appearance at hearings.
(f)
For any hearing required or authorized for proceedings under W.S. 7
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3
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506 through
7
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3
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512
7
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3
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513
, the petitioner or other party to the hearing may petition the court to appear at the hearing by remote means. The court may, in its discretion, grant the petition for remote appearance at the hearing, provided that the court is equipped with appropriate audio or video technology to allow the petitioner or other party to fully participate in the hearing.
7
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3
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509.
Order of protection; contents; remedies; order not to affect title to property.
(a)
Following a hearing under W.S. 7
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3
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508(a) and upon a finding that conduct constituting stalking or sexual assault has been committed, the court shall enter an order of protection ordering the respondent to refrain from any further acts of stalking or sexual assault involving the victim or any other person. As a part of any order of protection
issued under this section or W.S. 7
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3
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513
, the court may direct that the respondent:
(c)
A request by the victim for the perpetrator to violate an order of protection issued under this section
, a permanent order of protection issued under W.S. 7
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3
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513
or a temporary order of protection issued under W.S. 7
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3
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508 shall constitute an affirmative defense to a charge of violation of the order by the perpetrator.
7
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3
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510.
Service of order; duration and extension of order; violation; remedies not exclusive.
(a)
An order of protection granted under W.S. 7
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3
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509
or 7
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3
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513
shall be served upon the respondent pursuant to the Wyoming Rules of Civil Procedure. A copy of the order of protection shall be filed with the sheriff of the county.
(b)
Except as otherwise provided by this subsection
and W.S. 7
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3
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513
, an order of protection granted by the court under W.S. 7
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3
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509 shall be effective for a fixed period of time not to exceed three (3) years. Either party may move to modify, terminate or extend the order. The order may be extended repetitively upon a showing of good cause for additional periods of time, not to exceed three (3) years each, if the court finds from specific facts that a clear and present danger to the victim continues to exist.
If a party subject to an order of protection is sentenced and incarcerated or becomes imprisoned, the running of the time remaining for the order of protection shall be tolled during the term of incarceration or imprisonment.
The conditions and provisions of an order of protection shall remain in effect during any period of tolling under this subsection.
Upon release from incarceration or imprisonment the effective period of the order of protection shall be the amount of time remaining as of the first day of the term of incarceration or imprisonment or one (1) year from the date of release, whichever is greater.
(c)
Willful violation of a temporary order of protection issued under W.S. 7
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3
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508
, of a permanent order of protection issued under W.S. 7
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3
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513
or of an order of protection issued under W.S. 7
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3
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509 is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. A temporary order of protection issued under W.S. 7
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3
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508
, a permanent order of protection issued under W.S. 7
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3
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513
and an order of protection issued under W.S. 7
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3
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509 shall have statewide applicability and a criminal prosecution under this subsection may be commenced in any county in which the respondent commits an act in violation of the order.
(d)
The remedies provided by W.S. 7
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3
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506 through
7
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3
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512
7
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3
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513
are in addition to any other civil or criminal remedy available under the law.
7
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3
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511.
Emergency assistance by law enforcement officers; limited liability.
(b)
A law enforcement officer or agency responding to the request for assistance may take whatever steps are reasonably necessary to protect the victim, including:
(i)
Advising the victim of the remedies available under W.S. 7
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3
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506 through
7
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3
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512
7
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3
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513
and the availability of shelter, medical care, counseling, safety planning, victim's rights counseling and other services;
(ii)
Advising the victim, when appropriate, of the procedure for initiating proceedings under W.S. 7
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3
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506 through
7
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3
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512
7
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3
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513
or criminal proceedings and the importance of preserving evidence; and
(c)
Any law enforcement agency or officer responding to a request for assistance under W.S. 7
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3
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506 through
7
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3
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512
7
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3
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513
is immune from civil liability when complying with the request, provided that the agency or officer acts in good faith and in a reasonable manner.
7
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3
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512.
Confidentiality in court proceedings.
The court shall enter an order providing for the confidentiality of the name, address, city and state of residence or any other information identifying residence of all parties involved in the sexual assault for all orders issued under W.S. 7
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3
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508
,
and
7
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3
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509
and 7
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3
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513
.
35
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21
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102.
Definitions.
(a)
As used in this act:
(viii)
"This act" means W.S. 35
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21
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101 through
35
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21
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111
35
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21
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113
.
35
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21
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106.
Service of order; duration and extension of order; violation; remedies not exclusive.
(b)
Except as otherwise provided by this subsection
and W.S. 35
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21
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113
, an order of protection granted by the court under W.S. 35
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21
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105 shall be effective for a fixed period of time not to exceed three (3) years. Either party may move to modify, terminate or extend the order. The order may be extended repetitively upon a showing of good cause for additional periods of time not to exceed three (3) years each.
If a party subject to an order of protection is sentenced and incarcerated or becomes imprisoned the running of the time remaining for the order of protection shall be tolled during the term of incarceration or imprisonment.
The conditions and provisions of an order of protection shall remain in effect during any period of tolling under this subsection.
Upon release from incarceration or imprisonment the effective period of the order of protection shall be the amount of time remaining as of the first day of the term of incarceration or imprisonment or one (1) year from the date of release, whichever is greater.
The filing of an action for divorce shall not supersede an order of protection granted under this act.
(c)
Willful violation of an order of protection
granted under this act
is a crime as defined by W.S. 6
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4
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404.
An order of protection granted under this act has statewide applicability and a criminal prosecution under this subsection may be commenced in any county in which the respondent commits an act in violation of the order of protection.
Section 3.
(a)
Nothing in this act shall be construed to alter, amend or abrogate any order of protection entered or granted before July 1, 2025.
(b)
Orders of protection that are tolled under the provisions of W.S. 7
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3
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510(b) or 35
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21
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106(b) on July 1, 2025 shall be tolled and shall have their duration calculated in accordance with W.S. 7
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3
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510(b) or 35
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21
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106(b) as those provisions existed on June 30, 2025.
Section 4
.
This act is effective July 1, 2025
.
(END)
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SF0012