HB0100 - Juvenile delinquency-recordkeeping.
2001 |
State of Wyoming |
01LSO-0237 |
HOUSE BILL NO. HB0100
Juvenile delinquency-recordkeeping.
Sponsored by: Joint Judiciary Interim Committee
A BILL
for
1 AN ACT relating to
juvenile justice; creating a juvenile
2
justice information system database to be maintained by the
3
Wyoming division of criminal investigation; providing for
4 the
collection of information concerning juveniles
5
adjudicated to be delinquent; specifying restrictions on
6
dissemination of information; granting rulemaking
7
authority; conforming related provisions; and providing for
8 an
effective date.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
12 Section 1. W.S. 7-19-501 through 7-19-505 are created
13 to read:
14
15 ARTICLE 5
16 JUVENILE JUSTICE INFORMATION SYSTEM
17
Page 1
1 7-19-501. Definitions.
2
3 (a) As used in this act:
4
5 (i) "Adjudicated"
or "adjudication" means as
6
defined by W.S. 14-6-201(a)(i);
7
8 (ii) "Adult"
means an individual who has
9 attained
the age of majority;
10
11 (iii) "Delinquent
child" means as defined by
12 W.S. 14-6-201(a)(x);
13
14 (iv) "Disposition"
means the action ordered by
15 the juvenile court judge under W.S. 14-6-229
upon
16 adjudication of a juvenile for a delinquent
act;
17
18 (v) "Division"
means the Wyoming division of
19 criminal investigation within the office of
the attorney
20 general;
21
22 (vi) "Juvenile"
means an individual who is under
23 the age of majority;
24
Page 2
1 (vii) "Qualifying
offense" means conduct that,
2 if
committed by an adult, would constitute a felony under
3 the
laws of this state or under federal law;
4
5 (viii) "This
act" means W.S. 7-19-501 through
6 7-19-505.
7
8 7-19-502. Record system created.
9
10 (a) The
division shall create and maintain a database
11 for a juvenile justice information system as
provided in
12 this act.
13
14 (b) The
database shall contain the information
15 required by this act. Access to information in the
16 database shall be limited as provided by
W.S. 7-19-504.
17
18 (c) The
division shall promulgate reasonable rules
19 and regulations necessary to carry out the
provisions of
20 this act.
21
22 7-19-503. Collection of juvenile justice information.
23
Page 3
1 (a) In any case
in which a juvenile is adjudicated a
2
delinquent child for the commission of a qualifying
3
offense, the court shall direct that, to the extent
4
possible, the following information be collected and
5
provided to the division:
6
7 (i) Offender
identification information
8
including:
9
10 (A) The
juvenile offender's name, including
11 other names by which the juvenile is known,
and social
12 security number;
13
14 (B) The
juvenile offender's date and place
15 of birth;
16
17 (C) The
juvenile offender's physical
18 description, including sex, weight, height,
race,
19 ethnicity, eye color, hair color, scars,
marks and tattoos;
20
21 (D) The
juvenile offender's last known
22 residential address; and
23
24 (E) The juvenile offender's fingerprints.
Page 4
1
2 (ii) Offense
identification information
3
including:
4
5 (A) The
criminal offense for which the
6
juvenile was adjudicated delinquent;
7
8 (B) Identification
of the juvenile court in
9
which the juvenile was adjudicated delinquent; and
10
11 (C) The date
and description of the final
12 disposition ordered by the juvenile court.
13
14 (b) The
information maintained by the division shall
15 not include predisposition studies and
reports, social
16 summaries, medical or psychological reports,
educational
17 records, multidisciplinary team minutes and
records or
18 transcripts of dispositional hearings.
19
20 (c) The
division may designate codes relating to the
21 information described in subsection (a) of
this section.
22
23 7-19-504. Access to and dissemination of information.
24
Page 5
1 (a) Information
contained in the juvenile justice
2
information system shall be accessible only to law
3
enforcement and other authorized parties to the same extent
4 and
under the same circumstances as adult criminal history
5
record information is available under W.S. 7-19-106.
6
7 (b) Any person
who willfully violates subsection (a)
8 of
this section is guilty of a misdemeanor and upon
9
conviction shall be fined not more than five hundred
10 dollars ($500.00).
11
12 7-19-505. Inspection of information.
13
14 An individual, his parents and guardian have
the right to
15 inspect all juvenile justice record
information located
16 within this state which refers to that
individual in
17 accordance with W.S. 7-19-109.
18
19 Section 2. W.S. 14-6-203(g)(vi), 14-6-239(d) and
20 14-6-240(a) and (b) are amended to
read:
21
22 14-6-203. Jurisdiction; confidentiality of records.
23
Page 6
1 (g) Except as
provided by subsection (j) of this
2
section, all information, reports or records made, received
3 or
kept by any municipal, county or state officer or
4
employee evidencing any legal or administrative process or
5
disposition resulting from a minor's misconduct are
6
confidential and subject to the provisions of this act. The
7
existence of the information, reports or records or
8
contents thereof shall not be disclosed by any person
9
unless:
10
11 (vi) The
disclosure is authorized by W.S.
12 7-19-504 or
14-6-240(g).
13
14 14-6-239. Records and reports
confidential;
15 inspection.
16
17 (d) Nothing in
subsection (a) of this section shall
18 limit the disclosure of records authorized
by W.S. 7-19-504
19 or 14-6-240(g).
20
21 14-6-240. Fingerprinting or
photographing of child;
22 disclosure of child's records.
23
Page 7
1 (a) No child
shall be fingerprinted or photographed
2 by
a law enforcement agency or peace officer unless:
3
4 (i) The child
has been arrested for a felony; 5
level offense;
6
7 (ii) A petition
has been filed in juvenile court
8
alleging the child with having committed a delinquent act
9
which would constitute a felony; or
10
11 (iii) Latent
fingerprints are found during the
12 investigation of a criminal offense and a
peace officer has
13 probable cause to believe the fingerprints
are those of the
14 child;. or
15
16 (iv) The child has been adjudicated to have
17 committed
a delinquent act which would constitute a felony
18 if
committed by an adult.
19
20 (b) Fingerprints
and photographs of a child found to
21 have committed a delinquent act which would
be a felony if
22 committed by an adult may be retained in a
local law
23 enforcement agency file and in the Wyoming
division of
24 criminal investigation files in accordance with W.S.
Page 8
1 7-19-501 through 7-19-505. If the matter does not
result in
2 a
consent decree or an adjudication that the child was a
3
delinquent for having committed an act constituting a
4
felony, the court shall order all records pertaining to the
5
matter in the files of local law enforcement
agencies
6
destroyed or expunged.
7
8 Section 2. This act is effective July 1, 2001.
9
10 (END)
Page 9