ORIGINAL HOUSE ENGROSSED
BILL NO. 0100
ENROLLED ACT NO.
74, HOUSE OF REPRESENTATIVES
FIFTY-SIXTH
LEGISLATURE OF THE STATE OF WYOMING
2001
GENERAL SESSION
AN ACT relating to juvenile
justice; creating a juvenile
justice
information system database to be maintained by the
Wyoming division
of criminal investigation; providing for
the collection of
information concerning juveniles
adjudicated to be
delinquent; specifying restrictions on
dissemination of
information; providing for the destruction
of records;
granting rulemaking authority; conforming
related
provisions; and providing for an effective date.
Be It Enacted
by the Legislature of the State of Wyoming:
Section 1. W.S. 7-19-501 through 7-19-505
are created
to read:
ARTICLE
5
JUVENILE
JUSTICE INFORMATION SYSTEM
7-19-501. Definitions.
(a) As used in
this act:
(i) "Adjudicated"
or "adjudication" means as
defined by W.S. 14-6-201(a)(i);
(ii) "Adult"
means an individual who has
attained the age of
majority;
(iii) "Delinquent
child" means as defined by
W.S. 14-6-201(a)(x);
(iv) "Disposition"
means the action ordered by
the juvenile court
judge under W.S. 14-6-229 upon
adjudication of a
juvenile for a delinquent act;
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(v) "Division"
means the Wyoming division of
criminal investigation
within the office of the attorney
general;
(vi) "Juvenile"
means an individual who is under
the age of majority;
(vii) "Qualifying
offense" means conduct that,
if committed by an
adult, would constitute a felony under
the provisions of W.S.
6-1-104(a)(xii) or 35-7-1031 or
under similar federal
law;
(viii) "This
act" means W.S. 7-19-501 through
7-19-505.
7-19-502. Record system created.
(a) The
division shall create and maintain a database
for a juvenile justice
information system as provided in
this act.
(b) The
database shall contain the information
required by this act.
Access to information in the database
shall be limited as
provided by W.S. 7-19-504.
(c) The
division shall promulgate reasonable rules
and regulations
necessary to carry out the provisions of
this act. The division
shall annually report by March 1 to
the joint judiciary
interim committee on the numbers of
entries and usage of
the database.
7-19-503. Collection of juvenile
justice information.
(a) In any case
in which a juvenile is adjudicated a
delinquent child for
the commission of a qualifying
offense, the court
shall direct that, to the extent
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possible,
the following information be collected and
provided to the
division:
(i) Offender
identification information
including:
(A) The
juvenile offender's name, including
other names by which
the juvenile is known, and social
security number;
(B) The
juvenile offender's date and place
of birth;
(C) The
juvenile offender's physical
description, including
sex, weight, height, race,
ethnicity, eye color,
hair color, scars, marks and tattoos;
(D) The
juvenile offender's last known
residential address;
and
(E) The
juvenile offender's fingerprints.
(ii) Offense
identification information
including:
(A) The
criminal offense for which the
juvenile was
adjudicated delinquent;
(B) Identification
of the juvenile court in
which the juvenile was
adjudicated delinquent; and
(C) The date
and description of the final
disposition ordered by
the juvenile court.
(b) The
information maintained by the division shall
not include
predisposition studies and reports, social
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summaries,
medical or psychological reports, educational
records,
multidisciplinary team minutes and records or
transcripts of
dispositional hearings.
(c) The
division may designate codes relating to the
information described
in subsection (a) of this section.
7-19-504. Access to and dissemination
of information.
(a) Information
contained in the juvenile justice
information system
shall be accessible, whether directly or
through an
intermediary, to:
(i) Other
criminal justice agencies;
(ii) Any person
designated for the purpose
provided by W.S. 14-6-227;
(iii) The
department of family services if the
subject is in the
custody of the department;
(iv) An
individual who has met the requirements
established by the
division to ensure the record will be
used solely as a
statistical research or reporting record
and that the record is
to be transferred in a form that is
not individually
identifiable;
(v) Any record
subject as provided by W.S.
7-19-109.
(b) When a
subject reaches the age of majority, all
information in the
juvenile justice information system
pertaining to that
subject shall be deleted.
(c) Any person
who willfully violates subsection (a)
or (b) of this section
is guilty of a misdemeanor and upon
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conviction
shall be fined not more than five hundred
dollars ($500.00). Any
person or entity who violates
subsection (a) of this section shall be denied further
access to the system.
7-19-505. Inspection of information.
An
individual, his parents and guardian have the right to
inspect all juvenile
justice record information located
within this state
which refers to that individual in
accordance with W.S. 7-19-109.
Section 2. W.S. 14-6-203(g)(vi), 14-6-239(d)
and
14-6-240(a) and (b) are amended to read:
14-6-203. Jurisdiction;
confidentiality of records.
(g) Except as
provided by subsection (j) of this
section, all
information, reports or records made, received
or kept by any
municipal, county or state officer or
employee evidencing
any legal or administrative process or
disposition resulting
from a minor's misconduct are
confidential and
subject to the provisions of this act. The
existence of the
information, reports or records or
contents thereof shall
not be disclosed by any person
unless:
(vi) The
disclosure is authorized by W.S.
7-19-504
or
14-6-240(g).
14-6-239. Records and reports
confidential;
inspection.
(d) Nothing in
subsection (a) of this section shall
limit the disclosure
of records authorized by W.S. 7-19-504
or 14-6-240(g).
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14-6-240. Fingerprinting or
photographing of child;
disclosure of
child's records.
(a) No child
shall be fingerprinted or photographed
by a law enforcement
agency or peace officer unless:
(i) The child
has been arrested for a felony;
level offense;
(ii) A petition
has been filed in juvenile court
alleging the child
with having committed a delinquent act
which would constitute
a felony; or
(iii) Latent
fingerprints are found during the
investigation of a
criminal offense and a peace officer has obtains consent of the parent, guardian or custodian of the
juvenile, or obtains a
court order based upon probable
cause to believe the
fingerprints are those of the child;.
or
(iv) The child has been
adjudicated to have
committed a delinquent
act which would constitute a felony
if committed by an
adult.
(b) Fingerprints
and photographs of a child found adjudicated to have committed a
delinquent act which would
be a felony if
committed by an adult may be retained in a
local law enforcement
agency file and in the Wyoming
division of criminal
investigation files in accordance with
W.S. 7-19-501 through
7-19-505. If the matter does not
result in a consent decree or an adjudication that the
child was a delinquent
for having committed an act
constituting a felony,
the enforcement agency which
obtained the
fingerprints or photographs pursuant to
paragraph (a)(iii) of
this section shall destroy those
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records and shall report the destruction of the records to
the court. Further, the court
shall order all records
pertaining to the
matter in the files of law enforcement
agencies destroyed or expunged.
Section 3. This act is effective July 1, 2001.
(END)
Speaker of
the House President of
the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the
House.
Chief Clerk
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