H.B. No. 0198

Admissibility of evidence in sex offense cases.

 

Sponsored By:        Representative(s) Burkhart and Krone

 

AN ACT relating to civil and criminal procedure; specifying circumstances under which evidence of similar acts and offenses may be admitted in criminal and civil cases involving sexual assault and child molestation; and providing for an effective date.

 

1/20/2011      Bill Number Assigned

1/21/2011      H Received for Introduction

1/24/2011      H Introduced and Referred to H01

2/3/2011       H01 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Brechtel, Brown, Cannady, Greene, Krone, Peasley and Throne

Nays:  Representative(s) Barbuto and Nicholas, B.

Ayes 7    Nays 2    Excused 0    Absent 0    Conflicts 0

 

2/3/2011       H Placed on General File

 

HB0198HS001/ADOPTED

Page 1–line 4           Delete "child molestation" insert "sexual abuse of a minor".

Page 1-line 13          Delete "child molestation" insert "sexual abuse of a minor".

Page 2-line 1           Delete "child molestation" insert "sexual abuse of a minor".

Page 2-line 3           Delete "child molestation is" insert "sexual abuse of a minor".

Page 2-line 4           Delete "admissible and".

Page 3-line 1           Delete "is admissible, and".

Page 4-line 9           Delete "child".

Page 4-line 10          Delete "molestation" insert "sexual abuse of a minor".

Page 4-line 13          Delete "child molestation" insert "sexual abuse of a minor".

Page 4-line 15          Delete "child molestation is admissible, and" insert "sexual abuse of a minor".

Page 5-line 8           After "section" delete ";" insert ""offense of sexual abuse of a minor" means:

(i)  Any act made criminal pursuant to W.S. 6‑2‑314 through 6‑2‑316;".

Page 5-lines 10 through 16    Delete entirely.

Page 5-line 18          Delete "(B)" insert "(ii)".

Page 5-line 20          Delete "assault" insert "abuse of a minor"; after "in" delete balance of line and insert "paragraph (i) of this subsection; or".

Page 5-lines 21 and 22  Delete entirely.

Page 6-line 1           Delete "(C)" insert "(iii)".

Page 6-line 2           After "in" delete balance of the line.

Page 6-line 3           Delete "paragraph" insert "paragraphs (i) and (ii) of this subsection".  BROWN, CHAIRMAN

 

HB0198HW001/ADOPTED

Page 1-line 4           After ";" insert "specifying procedure for introduction of evidence;".

Page 2-lines 7 through 13     Delete entirely and insert:

"(b)  In any case where a party intends to offer evidence under this section, the following procedure shall be used:

(i)  A written motion shall be made by the party to the court at least fifteen (15) days prior to scheduled start of the trial stating that the party has an offer of proof of the relevancy of evidence offered under this section;

(ii)  The written motion shall be accompanied by affidavits in which the offer of proof is stated;

(iii)  If the court finds the offer of proof sufficient, the court shall order a hearing in chambers, and at the hearing allow the parties to attend and be heard regarding the offer of proof made by the offering party and other pertinent evidence;

(iv)  At the conclusion of the hearing, if the court finds that the probative value of the evidence substantially outweighs the probability that its admission will create undue prejudice, the evidence shall be admissible pursuant to this section.  The court may make an order stating what evidence may be introduced by the party, which order may include the nature of the questions to be permitted.".

Page 3-lines 4 through 11     Delete entirely and insert:

"(b)  In a case in which the prosecution intends to offer evidence under this section, the following procedure shall be used:

(i)  A written motion shall be made by the prosecution to the court at least fifteen (15) days prior to the scheduled start of the trial stating that the prosecution has an offer of proof of the relevancy of evidence offered under this section;

(ii)  The written motion shall be accompanied by affidavits in which the offer of proof is stated;

(iii)  If the court finds the offer of proof sufficient, the court shall order a hearing in chambers, and at the hearing allow the defendant to attend and be heard regarding the offer of proof made by the prosecution and other pertinent evidence;

(iv)  At the conclusion of the hearing, if the court finds that the probative value of the evidence substantially outweighs the probability that its admission will create undue prejudice, the evidence shall be admissible pursuant to this section.  The court may make an order stating what evidence may be introduced by the prosecution, which order may include the nature of the questions to be permitted.".

Page 4-lines 18 through 23    Delete entirely and insert:

"(b)  In a case in which the prosecution intends to offer evidence under this section, the following procedure shall be used:

(i)  A written motion shall be made by the prosecution to the court at least fifteen (15) days prior to the scheduled start of the trial stating that the prosecution has an offer of proof of the relevancy of evidence offered under this section;

(ii)  The written motion shall be accompanied by affidavits in which the offer of proof is stated;

(iii)  If the court finds the offer of proof sufficient, the court shall order a hearing in chambers, and at the hearing allow the defendant to attend and be heard regarding the offer of proof made by the prosecution and other pertinent evidence;

(iv)  At the conclusion of the hearing, if the court finds that the probative value of the evidence substantially outweighs the probability that its admission will create undue prejudice, the evidence shall be admissible pursuant to this section.  The court may make an order stating what evidence may be introduced by the prosecution, which order may include the nature of the questions to be permitted.".  BURKHART

 

2/7/2011       H Failed CoW; Indef Postponed

 

ROLL CALL

Ayes:  Representative(s) Blake, Bonner, Brown, Burkhart, Campbell, Cannady, Childers, Craft, Davison, Edmonds, Eklund, Gingery, Greene, Harshman, Jaggi, Krone, Loucks, Madden, McKim, Peasley, Pederson, Petersen, Petroff, Quarberg, Roscoe, Teeters, Throne, Vranish and Zwonitzer, Dv.

Nays:  Representative(s) Barbuto, Berger, Blikre, Botten, Brechtel, Buchanan, Byrd, Connolly, Esquibel, K., Freeman, Gay, Goggles, Greear, Harvey, Hunt, Illoway, Kasperik, Kroeker, Lockhart, Lubnau, McOmie, Miller, Moniz, Nicholas, B., Patton, Semlek, Steward, Stubson, Wallis and Zwonitzer, Dn.

Excused:  Representative(s) Shepperson

Ayes 29    Nays 30    Excused 1    Absent 0    Conflicts 0