SF0140 - Sex offender registration amendments.

 

2001

State of Wyoming

01LSO-0402

 

 

 

SENATE FILE NO.  SF0140

 

 

Sex offender registration amendments.

 

Sponsored by:  Senator(s) Miller, C.

 

 

A BILL

 

for

 

 1  AN ACT relating to sex offender registration; modifying
 2  required offender hearings; modifying registration offenses
 3  and penalties; making registration information public
 4  record; requiring electronic publication of records; and
 5  providing for an effective date.

 6 

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

 8 

 9         Section 1.  W.S. 7-19-303(c)(intro), (h) and by
10  creating a new subsection (j) and 7-19-307(a), (c), (d) and
11  by creating a new subsection (e) are amended to read:

12 

13         7-19-303.  Offenders central registry; dissemination
14  of information.

15 

16         (c)  The division shall provide notification of
17  registration under this act, including all registration

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 1  information, to the district attorney of the county where
 2  the registered offender is residing at the time of
 3  registration or to which the offender moves. Upon receipt
 4  of notification, the district attorney shall file an
 5  application for hearing under this subsection. if the
 6  offender is an aggravated sex offender or a recidivist. For
 7  other offenders registered under this act, the district
 8  attorney shall file an application for hearing under this
 9  section if, based upon a review of the risk of reoffense
10  factors specified in W.S. 7-19-303(d), it appears that
11  public protection requires notification be provided to
12  persons in addition to those authorized to receive criminal
13  history record information under W.S. 7-19-106. Upon
14  application of the district attorney, and following notice
15  to the offender and an in-camera hearing, the district
16  court shall, based upon its finding as to the risk of
17  reoffense by the offender, authorize the county sheriff,
18  police chief or their designee to release information
19  regarding an offender who has been convicted of an offense
20  that requires registration under this act, as follows:

21 

22         (h)  The attorney general shall maintain a public
23  record of the number of registered offenders in each county
24  which shall be broken down by degree of risk. The attorney

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 1  general shall make this information available through the
 2  internet, the world wide web or a similar proprietary or
 3  common carrier electronic system.

 4 

 5         (j)  Nothing in this act shall make confidential the
 6  charge, arrest or conviction of the offense of failing to
 7  register pursuant to this act. These offenses shall be
 8  treated in the same manner as any other criminal offense
 9  and the records involved shall be sealed.

10 

11         7-19-307.  Penalties.

12 

13         (a)  Failure to register within the time required
14  under W.S. 7-19-302 constitutes a per se violation of this
15  act and is punishable as provided in subsections (c), and
16  (d) and (e) of this section. Failure to report his address
17  as required by W.S. 7-19-302(g) and (h) 7-19-302(e) through
18  (h) is punishable as provided in subsections (c), and (d)
19  and (e) of this section.

20 

21         (c)  A person who knowingly fails to register as
22  required by W.S. 7-19-302 is guilty of a high misdemeanor
23  punishable by a fine of up to seven hundred fifty dollars

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 1  ($750.00), imprisonment for not more less than one hundred
 2  eighty (180) days nor more than one (1) year, or both.

 3 

 4         (d)  A person convicted of a subsequent second
 5  violation of knowingly failing to register as required by
 6  W.S. 7-19-302 is guilty of a felony punishable by a fine of
 7  one thousand dollars ($1,000.00), imprisonment for not more
 8  less than two (2) years nor more than five (5) years, or
 9  both. A first conviction can be from any jurisdiction under
10  a substantially similar statute of another state, the
11  United states or territory or district of the United states
12  or an ordinance of a governmental entity of another state
13  or of an Indian tribe.

14 

15         (e)  A person convicted of more than two violations of
16  failing to register as required by W.S. 7-19-302 is guilty
17  of a felony punishable by a fine of fine of two thousand
18  dollars ($2,000.00), imprisonment for not less that three
19  (3) years nor more than ten (10) years, or both. The first
20  two convictions can be from any jurisdiction under a
21  substantially similar statute of another state, the United
22  States or territory or district of the United States or an
23  ordinance of a governmental entity of another state or of
24  an Indian tribe.

 

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 1 

 2         Section 2.  W.S. 7-19-303(b)(i) and (ii) is repealed.

 3 

 4         Section 3.  This act is effective July 1, 2001.

 5 

 6                         (END)

 

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