![[Top]](/images/nav-top.gif)
![[Back]](/images/nav-back.gif)
![[Home]](/images/nav-home.gif)
November 20 & 21, 2006
Game & Fish Regional Office
Senator John Hanes, Co-Chairman
Representative Jack Landon, Co-Chairman
Senator Bruce Burns
Senator Ken Decaria
Senator Tony Ross
Senator Kathryn Sessions
Representative George Bagby
Representative Ed Buchanan
Representative Tom Lubnau
Representative Monte Olsen
Representative Ann Robinson
Representative Kevin White
Representative Deb Alden
Representative Stephen Watt
John Rivera, Senior Staff Attorney
Please refer to Appendix 1 to review the
Committee Sign-in Sheet
for a list of other individuals who attended the meeting.
Chairman Landon
called the meeting to order at 8:30 a.m.
The following sections summarize the Committee proceedings by
topic. Please refer to Appendix 2 to
review the Committee Meeting Agenda.
Minutes from the
August 24 & 25, 2006, Committee meeting were approved.
Attorney General Pat
Crank presented the bill and answered questions posed by Committee members.
Senator Sessions,
seconded by Representative Robinson, moved for Committee sponsorship of the
bill. After amendments were considered
and voted upon, the motion carried on a vote of 5 ayes and 0 nays in the Senate
and 7 ayes, 0 nays, with 2 excused in the House. Senators Burns, Decaria,
Hanes, Ross and Sessions and Representatives Landon, Bagby, Buchanan, Lubnau,
Olsen, Robinson and White voted aye.
Representatives Alden and Watt were excused.
Amendments to the
bill that were adopted include:
Page 2-line 4 Delete "Intends to assist" insert
"Assists".
Page 3-line 21 Delete "7-19-203(c)" insert
"7-19-307(c)".
Page 4-line 5 Delete "five"
insert "one"; delete "($5,000.00)" insert "(1,000.00)".
Page 4-line 6 Delete all new language.
Page 4-line 11 Reinsert stricken language.
Page 4-line 12 Reinsert stricken language and delete all new
language.
Page 4-line 13 Delete all new language.
Attorney General
Crank presented the bill, along with Kip Crofts, Governor's Office and T.J.
Forwood, Assistant Attorney General.
They explained the changes to the bill to incorporate some provisions of
the Adam Walsh Child Protection and Safety Act, including the elimination of
sex offender assessments.
Senator Hanes,
seconded by Representative Olsen, moved for Committee sponsorship of the
bill. After amendments were considered
and voted upon, the motion carried on a vote of 5 ayes and 0 nays in the Senate
and 7 ayes, 0 nays, with 2 excused in the House. Senators Burns, Decaria,
Hanes, Ross and Sessions and Representatives Landon, Bagby, Buchanan, Lubnau,
Olsen, Robinson and White voted aye.
Representatives Alden and Watt were excused.
Amendments to the
bill that were adopted include:
Page 3-After line 15 Insert "(xx) "Report" means providing
information in person, or by any other means authorized by the sheriff if the
person is required to report to the sheriff.".
Page 5-line 22 After "three"
insert "working".
Page 6-line 13 After "three"
insert "working".
Page 6-line 19 After "three"
insert "working".
Page 6-line 24 After "three"
insert "working".
Page 7-line 7 After
"three" insert "working".
Page 8-line 5 After
"three" insert "working".
Page 11-line 9 After "three"
insert "working".
Page 17-line 12 Delete "twenty (20)"
insert "twenty-five (25)".
Ric Paul, Chairman,
State Advisory Council on Juvenile Justice (Council), introduced Joe Evans,
Wyoming County Commissioners Association (WCCA), and Beth Evans, Consultant to
the Council. Mr. Paul explained
Mr. Evans explained
that the WCCA has received federal grants for 3 years to assist counties in
achieving compliance with the JJDPA, using money that would otherwise have gone
to the state if the state were in compliance.
Mr. Evans stated that the JJDPA prohibits jailing a minor for a status
offense if the violation is a first offense, but does not prohibit holding the
minor for subsequent offenses. Mr. Paul
added that if a minor is non-compliant with a court order, the judge can
sentence the minor to a juvenile detention center. Ms. Evans stated there is abundant literature
of the cost savings of not incarcerating minors. Korin Schmidt, Department of
Family Services, stated her support of the proposed legislation because
research shows that incarceration causes more harm than it prevents.
Honorable Skip
Dillon, Evansville Municipal Court Judge, advised that he has placed minors in
jail, but once is enough for most minors.
He has placed minors on probation multiple times, so that deterrent is less
effective. He believes the proposed
legislation would remove the most effective tool he has to deal with minors.
Bill Westerfield,
State Parks and Historic Sites Division, stated that, under the proposed bill,
State Parks law enforcement officers would be placed in a position of
baby-sitting minors who are drinking in a state park until the parents or some
other responsible person is located to assume custody of the minor. Zack Gentile, Evansville Police Chief,
reiterated the same concern for peace officers in towns that only employ a
single peace officer. Mr. Paul states
that the Council has access to funding to provide volunteer care-takers in
those situations.
Mike Blonigen,
Natrona County District Attorney, advised that a judge can't incarcerate a
person for violation of a court order for probation. The probation violation is just an extension
of the original sentence. What is needed
is an option for jailing the offender along with treatment options.
Senator Sessions
distributed Appendix 3, a Fremont County flow chart illustrating the complexity
of concurrent jurisdiction under the Wyoming Juvenile Justice Act, and Appendix
4, a State of Colorado juvenile justice flow chart.
After discussion of
a staff concern with the constitutionality of the bill in light of a Wyoming
Supreme Court case, Johnson et al. v. State Hearing Examiner's Office,
838 P.2d. 158 (Wyo. 1992), Senator Session, seconded by Representative Bagby,
moved for Committee sponsorship of the bill.
The motion failed on a vote of 2 ayes and 3 nays in the Senate and 7
ayes, 0 nays, with 2 excused in the House. Senators Decaria and Sessions and
Representatives Landon, Bagby, Buchanan, Lubnau, Olsen, Robinson and White
voted aye. Senators Burns, Hanes, and
Ross voted no. Representatives Alden and Watt were excused.
General Crank
questioned whether the amendments to the indecent liberties provisions may
create a gap in some offenses that may otherwise be chargeable. He advised that Governor Freudenthal still favors a "one strike and you're
out" policy for sex offenders, but could accept a "two strikes and
you're out" policy, as proposed in Representative Robinson's amendment to
the bill.
Mr. Blonigen said
the bill is good, but does have some problems. W.S. 6-2-312 should be amended
to reflect the new offenses that should be subject to the rape shield law. He
believes that aggravated sexual assault resulting in death should be addressed
and the provisions relating to the age of the victim should be clarified.
Matt Redle, Sheridan
County Attorney, agreed with Mr. Blonigen and expressed concern with the
language relating to the ages of the actor and victim on page 7-lines 6 through
9 and page 9-lines 2 through 5; the
removal of the age of majority requirement for the actor under the soliciting
of minors provisions on page 10-line 3; the lack of definition for "public
employee" under W.S. 6-2-319; and, the language "upon the request of
a minor" in W.S. 6-2-319.
Senator Decaria,
seconded by Senator Hanes, moved for Committee sponsorship of the bill. After amendments were considered and voted
upon, the motion carried on a vote of 4 ayes and 1 nay in the Senate and 6
ayes, 1 nay, with 2 excused in the House.
Senators Decaria, Hanes, Ross and Sessions and Representatives Bagby,
Buchanan, Lubnau, Olsen, Robinson and White voted aye. Senator Burns and Representative Landon voted
no. Representatives Alden and Watt were
excused.
Amendments to the
bill that were adopted include:
Page 3-line 2 Delete the line through "section"
insert W.S. 6-2-306(e)".
Page 3-lines 14
through 16 Delete entirely.
Page 3-lines 18
through 24 Delete entirely.
Page 4-lines 1
through 8 Delete
entirely.
Page 4-line 14 Delete "assault" insert
"abuse".
Page
5-line 19 Delete the line through
"section" insert "W.S. 6-2-306(e)".
Page
5-line 22 Delete entirely and insert
"W.S. 6-2-306(e)".
Page 6-line 20 Delete "assault" insert
"abuse".
Page 7-line 7 After "is" insert
"either".
Page 8-line 16 Delete "assault" insert
"abuse".
Page 9-line 3 After "is" insert
"either".
Page 10-line 1 Delete "assault" insert
"abuse".
Page 10-line 3 After "who" insert "has reached
the age of majority and who".
Page 10-line 5 After "years" insert "or a
person purported to be less than the age of sixteen (16) years".
Page 11-line 2 After "court" delete balance of
line.
Page 11-line 3 Delete the line through "victim".
Page 11-line 4 Delete "may" insert
"shall".
Page 12-line 6 Delete "(iii)" insert "by
creating a new subsection (e)".
Page 12-lines 17
through 20 Reinsert stricken language.
Page 13-After line 19 Insert W.S. 6-2-101(a) and amend after "assault," by
inserting "sexual abuse of a minor,".
Page 14-line 14 Delete "five (5)" insert "two (2)".
Page
16-line 8 Delete "this article" insert "W.S. 6-2-316 through 6-2-318".
Page
16-line 18 Strike ";"
insert ".".
Page 16-lines 20 through 26 Delete entirely and insert:
"(e) An
actor who is convicted of sexual abuse of a minor under W.S. 6-2-314 or
6-2-315, or a criminal statute containing the same or similar elements as the crime
defined by W.S. 6-2-314 or 6-2-315, shall be punished by life imprisonment
without parole if the actor has one (1) or more previous convictions for a
violation of W.S. 6-2-302 through 6-2-304, 6-2-314 or 6-2-315, which
convictions resulted from charges separately brought and which arose out of
separate occurrences in this state or elsewhere.".
Page 17-After line 17 Insert W.S. 6-2-312(a)(intro) and amend by striking "W.S.
6-2-302 through 6-2-304" and inserting "this
article".
Page 20-line 19 After "(ii)" insert
", 6-2-306(d)(iii)".
General Crank
thanked Senator Hanes for his dedicated and thoughtful service to the citizens
of
The Committee
recessed at 5:10 p.m.
Chairman Hanes called
the meeting to order at 8:30 a.m. The
following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the
Committee Meeting Agenda.
Pat Anderson, Director,
Parole Board, explained the changes made to the bill after the previous meeting
of the Committee. Mr. Anderson was not
aware of who currently pays for inmate assessments, but said he would attempt
to get the answer for the Committee. In
response to a concern expressed by Representative Landon, Mr. Anderson replied
that it is true that some inmates prefer to serve out their sentence rather
than apply for parole, but in the last 3 years the Parole Board has adopted a
case management approach to identify bad behaviors and focus on correcting
those behaviors without resorting to reincarceration.
Barbara LeMaitre,
Parole Board member, advised that there have been fewer revocations for
technical violations in the last 3 years than in the past. Inmates are now earning more than in the
past; therefore, they are better able to afford repayment of obligations and
expenses. The proposal to require
repayment of specified obligations is not intended to be punitive, but to be
restorative by teaching responsibility.
Representative
Lubnau, seconded by Representative Bagby, moved for Committee sponsorship of
the bill. After amendments were
considered and voted upon, the motion carried on a vote of 5 ayes and 0 nays in
the Senate and 6 ayes, 1 nay, with 2 excused in the House. Senators Burns, Decaria, Hanes, Ross and
Sessions and Representatives Bagby, Buchanan, Landon, Lubnau, Olsen and White
voted aye. Representative Robinson voted
no. Representatives Alden and Watt were
excused.
Amendments to the
bill that were adopted include:
Page 2-line 4 Delete "in
to" insert "into".
Page 2-line 13 Before "Costs"
insert "Partial".
Page 2-line 16 Before "Costs"
insert "Partial".
Senator Decaria
asked Mr. Anderson to provide an update on how the repayment program is working,
if the bill is enacted into law.
Chairman Hanes
introduced Representative Erin Mercer, Representative-elect Dan Dockstader,
Representative-elect Mary Throne and Senator-elect Drew Perkins, who will be
serving on the Joint Judiciary Interim Committee when it is reappointed. He thanked them for attending the meeting and
familiarizing themselves with the issues the Committee will be considering in
the 2007 General Session.
Representative
Lubnau explained the bill and the history of a prior study by the Wyoming State
Bar at the request of Representative Pat Nagel, when she was chair of the Joint
Judiciary Interim Committee.
After suggestions
for amendments, Representative Olsen, seconded by Representative Bagby, moved
for Committee sponsorship of the bill.
After amendments were considered and voted upon, the motion carried on a
vote of 5 ayes and 0 nays in the Senate and 7 ayes, 0 nays, with 2 excused in
the House. Senators Burns, Decaria,
Hanes, Ross and Sessions and Representatives Bagby, Buchanan, Landon, Lubnau,
Olsen, Robinson and White voted aye.
Representatives Alden and Watt were excused.
Amendments to the
bill that were adopted include:
Page 2-line 17 Delete "probate" insert "real
estate".
Page 3-After line 10 Insert "(H) One (1) person
representing materialmen".
Page 3-line 23 Delete "realtors" insert "real
estate professionals".
Page 4-line 9 Delete "November 1, 2007" insert
"June 30, 2008".
Page 5-line 6 Delete "twenty" insert
"thirty"; delete "($20,000.00)" insert
"($30,000.00)".
Honorable Bart
Voigt, Chief Justice, Wyoming Supreme Court, Honorable Jeffrey Donnell, 2nd
Judicial District Court Judge, and Holly Hansen, Court Administrator, presented
the bill to the Committee and explained the temporary salary increase provided
in the Budget Bill last Session needs to be codified to avoid complications
because salaries can't otherwise be increased during the term of sitting judges
until a new judge is appointed.
Senator Burns,
seconded by Representative Lubnau, moved for Committee sponsorship of the
bill. The motion carried on a vote of 5
ayes and 0 nays in the Senate and 7 ayes, 0 nays, with 2 excused in the House. Senators Burns, Decaria, Hanes, Ross and
Sessions and Representatives Bagby, Buchanan, Landon, Lubnau, Olsen, Robinson
and White voted aye. Representatives
Alden and Watt were excused.
Judge Donnell
explained that he had chaired the task force to examine court security created
by the Board of Judicial Policy and Administration. He introduced Joe Evans and Teton County
Deputy Sheriff Dave Coulter, who were members of the task force. He described the intent of the bill to create
3 pilot projects for a large, a medium and a small court to determine the
feasibility of providing security in each setting.
Mr. Evans advised
that elected officials in most counties have no problem with implementation of
the program. Since most counties house
those elected officials in the same building with the courts, he recommended
changing the term "court" to "courthouse" in the bill to
clarify how security will have to be implemented effectively. He also
recommended adding the board of county commissioners to the groups that must
enter into agreement for the security to be implemented in the courthouse
building.
Senator Burns,
seconded by Representative Lubnau, moved for Committee sponsorship of the
bill. After amendments were considered
and voted upon, the motion carried on a vote of 5 ayes and 0 nays in the Senate
and 7 ayes, 0 nays, with 2 excused in the House. Senators Burns, Decaria, Hanes, Ross and
Sessions and Representatives Bagby, Buchanan, Landon, Lubnau, Olsen, Robinson
and White voted aye. Representatives
Alden and Watt were excused.
Amendments to the
bill that were adopted include:
Page 1-line 4 Delete the line through
"($500,000.00)" insert "one million dollars
($1,000,000.00)".
Page 3-line 9 After "with" insert "the
appropriate board of county commissioners and".
Page 3-line 20 Delete "November 1, 2007" insert
"June 30, 2008".
Replace the term
"court" with "courthouse" in the catch title to the bill
and wherever else the term appears in the bill, as appropriate.
Jim Hageman, Casper
Reentry Center, with Brian Christensen, 7th Judicial District
Attorney's Office and Natrona County Drug Court Administrator, described the
Natrona County residential and drug court programs. Mr. Hageman distributed Appendix 5, for the
Committee's consideration. He requested
that the Committee consider advocating for funding if the Governor's
supplemental budget request did not contain funding necessary to continue the
Department of Corrections' residential program.
Brenda
Lyttle, explained that the federal Budget Deficit Reduction Act requirement was
accelerated for state child support
enforcement agencies to collect a $25.00 annual fee if the agency collects $500
in child support for an obligee in a year, unless the obligee has been on
welfare. She presented the Committee
with 3 alternatives relating to who could pay the annual fee (Appendix 6). The alternative includes requiring the
obligor to pay; the obligee to pay; or, the state could pay, the latter of
which she estimated would cost about $300 thousand per year. The other two options would also need a
one-time appropriation to pay for computer reprogramming to account for the
$25.00 fee when the threshold amount ($500.00) of child support was collected
in a year.
Senator Burns,
seconded by Representative Lubnau, moved for Committee sponsorship of the
bill. After adopting an amendment to
incorporate alternative No. 2 in Appendix 6 into the bill, the motion to
sponsor the bill, as amended, carried on a vote of 3 ayes and 2 nays in the
Senate and 7 ayes, 0 nays, with 2 excused in the House. Senators Burns, Hanes and Ross and
Representatives Bagby, Buchanan, Landon, Lubnau, Olsen, Robinson and White
voted aye. Senators Decaria and Sessions
voted no. Representatives Alden and Watt
were excused.
Doug McLaughlin, Bob
Leonard and Bob Leibrich, members of the Wyoming Estate Planning Advisory
Council (WEPAC), explained the purpose of the bill was to enhance asset
protection and to distinguish clearly between mandatory and discretionary
distributions. Ten states currently
allow a settlor to establish a spendthrift trust, even if the settlor is a
beneficiary of the trust. This bill
would allow the same procedures in Wyoming (see Appendix 7).
Marcia Shanor,
Wyoming Trial Lawyers Association (WTLA), stated the WTLA only learned of this
proposed legislation a couple of weeks ago and is currently studying the bill
in more detail. She expressed a concern
that the bill is intended to protect the wealthy, of whom there are few, to the
detriment of the less wealthy, who are a majority of citizens of Wyoming.
Representative
Landon, seconded by Representative Olsen, moved for Committee sponsorship of
the bill. After amendments were
considered and voted upon, the motion on the bill was voted on and initially
failed on a tie vote, 2-2-1 in the Senate Judiciary Committee, with Senators
Hanes and Burns voting aye, Senators Ross and Sessions voting no, with Senator
Decaria excused. After a motion to reconsider carried, a second vote on the
original motion carried on a vote of 3 ayes and 1 nay, with 1 excused in the
Senate, and 6 ayes, 0 nays, with 3
excused in the House. Senators Burns,
Hanes and Sessions and Representatives Bagby, Buchanan, Landon, Lubnau, Olsen,
Robinson and White voted aye. Senator
Ross voted no. Senator Decaria and
Representatives Alden and Watt were excused.
Amendments to the
bill that were adopted include:
Page 2-line 11 Delete "is".
Page 10-line 16
through Page 11-line 13 Delete entirely and renumber as
necessary.
Page 33-line5 Strike "beneficiary's child" insert
"person".
Page 33-line 6 After "for" insert "child".
There being no
further business, Chairman Hanes adjourned the meeting at 5:05 p.m.
Respectfully
submitted,
Senator John Hanes,
Cochairman Representative
Jack Landon, Cochairman