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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