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.