Bill No.: HB0137                  Drafter:  JHR

LSO No.:  09LSO-0450              Effective Date:  7/1/2009

Enrolled Act No.:  HEA0031

Chapter No.:       68

Prime Sponsor:     Representative Mercer

Catch Title:       Videotape depositions-minors.

Subject:  Adds to the list of sexual assault offenses for which a child under 12 years of age may be allowed to testify by videotape deposition.

Summary/Major Elements:

· Under current law, the deposition of a child under 12 years of age, who is the victim of incest or first through third degree sexual assault, may be taken by videotape under court order.

· This bill expands the list of sexual assault offenses to include first through fourth degree sexual assault of a minor, for which a victim under 12 years of age may be allowed to testify by videotape deposition.

Comment:

· The offenses of first through fourth degree sexual assault of a minor were enacted in 2007 Wyoming Session Laws, Chapter 159, but W.S. 7-11-408 had not been amended to include those additional offenses that may be perpetrated upon a child under 12 years of age, thereby possibly precluding courts from ordering videotape depositions of some victims of those offenses.