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