1999 State of Wyoming 99LSO-0079
HOUSE BILL NO. HB0064 [SUBSTITUTE NO. 1]
Juvenile delinquency-recordkeeping.
Sponsored by: Representative(s) Nagel, Deegan and Tipton
A BILL
for
1 AN ACT relating to juvenile justice; creating a juvenile
2 justice information system database to be maintained by the
3 Wyoming division of criminal investigation; providing for
4 the collection of information concerning juveniles
5 adjudicated to be delinquent; specifying restrictions on
6 dissemination of information; granting rulemaking authority;
7 conforming related provisions; and providing for an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
12 Section 1. W.S. 7-19-501 through 7-19-506 are created
13 to read:
14
15 ARTICLE 5
16 JUVENILE JUSTICE INFORMATION SYSTEM
17
18 7-19-501. Definitions.
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1
2 (a) As used in this act:
3
4 (i) "Adjudicated" or "adjudication" means as
5 defined by W.S. 14-6-201(a)(i);
6
7 (ii) "Adult" means an individual who has attained
8 the age of majority;
9
10 (iii) "Delinquent act" means conduct that, if
11 committed by an adult, would constitute a crime under the
12 laws of this state or any political subdivision thereof;
13
14 (iv) "Disposition" means the action ordered by
15 the juvenile court judge under W.S. 14-6-229 upon
16 adjudication of a juvenile for a delinquent act;
17
18 (v) "Division" means the Wyoming division of
19 criminal investigation within the office of the attorney
20 general;
21
22 (vi) "Juvenile" means an individual who is under
23 the age of majority;
24
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1 (vii) "Qualifying offense" means conduct that, if
2 committed by an adult, would constitute a felony under the
3 laws of this state or under federal law;
4
5 (viii) "This act" means W.S. 7-19-501 through
6 7-19-506.
7
8 7-19-502. Record system created.
9
10 (a) The division shall create and maintain a database
11 for a juvenile justice information system as provided in
12 this act.
13
14 (b) The database shall contain the information
15 required by this act. Access to information in the database
16 shall be limited as provided by W.S. 7-19-504.
17
18 (c) The division shall promulgate reasonable rules and
19 regulations necessary to carry out the provisions of this
20 act.
21
22 7-19-503. Collection of juvenile justice information.
23
24 (a) In any case in which a juvenile is adjudicated
25 delinquent for the commission of a qualifying offense, the
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1 court shall direct that, to the extent possible, the
2 following information be collected and provided to the
3 division:
4
5 (i) Offender identification information
6 including:
7
8 (A) The juvenile offender's name, including
9 other names by which the juvenile is known, and social
10 security number;
11
12 (B) The juvenile offender's date and place
13 of birth;
14
15 (C) The juvenile offender's physical
16 description, including sex, weight, height, race, ethnicity,
17 eye color, hair color, scars, marks and tattoos;
18
19 (D) The juvenile offender's last known
20 residential address; and
21
22 (E) The juvenile offender's fingerprints.
23
24 (ii) Offense identification information
25 including:
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1
2 (A) The criminal offense for which the
3 juvenile was adjudicated delinquent;
4
5 (B) Identification of the juvenile court in
6 which the juvenile was adjudicated delinquent; and
7
8 (C) The date and description of the final
9 disposition ordered by the juvenile court.
10
11 (b) The information maintained by the division shall
12 not include predisposition studies and reports, social
13 summaries, medical or psychological reports, educational
14 records or transcripts of dispositional hearings.
15
16 (c) The division may designate codes relating to the
17 information described in subsection (a) of this section.
18
19 7-19-504. Access to and dissemination of information.
20
21 Information contained in the juvenile justice information
22 system shall be accessible only to law enforcement and other
23 authorized parties to the same extent and under the same
24 circumstances as adult criminal history record information
25 is available under W.S. 7-19-106.
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1
2 7-19-505. Inspection; deletion or modification of
3 information.
4
5 (a) An individual has the right to inspect all
6 juvenile justice record information located within this
7 state which refers to him. The record subject may apply to
8 the juvenile court for an order to purge, modify or
9 supplement inaccurate or incomplete information.
10 Notification of each deletion, amendment or supplementary
11 notation shall be promptly disseminated to any person or
12 agency which received a copy of the record in question
13 during the previous twelve (12) month period as well as the
14 person whose record has been altered.
15
16 (b) The division may prescribe reasonable hours and
17 places for inspection of juvenile justice record information
18 and may impose additional restrictions, including
19 fingerprinting, reasonably necessary to both assure the
20 records' security and to verify the identities of those who
21 seek to inspect the records.
22
23 (c) When an application for inspection of juvenile
24 justice record information is received by the division, the
25 division shall determine whether a record pertaining to the
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1 applicant is maintained. If a record is maintained, the
2 division shall inform the applicant of the existence of the
3 record and inform him of the procedure for examining the
4 record. Upon verification of his identity, the applicant or
5 his authorized representative shall be allowed to examine
6 the record pertaining to him and to receive a true copy.
7
8 7-19-506. Expungement of information.
9
10 (a) The division shall expunge all identifying
11 information relating to a record subject:
12
13 (i) Upon receipt of a certified court order
14 requiring expungement; or
15
16 (ii) Upon the record subject attaining the age of
17 majority if the juvenile's records were never disseminated
18 under W.S. 7-19-504.
19
20 Section 2. W.S. 14-6-203(g)(vi), 14-6-239(d) and
21 14-6-240(a)(ii), (iii), by creating a new paragraph (iv) and
22 (b) are amended to read:
23
24 14-6-203. Jurisdiction; confidentiality of records.
25
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1 (g) Except as provided by subsection (j) of this
2 section, all information, reports or records made, received
3 or kept by any municipal, county or state officer or
4 employee evidencing any legal or administrative process or
5 disposition resulting from a minor's misconduct are
6 confidential and subject to the provisions of this act. The
7 existence of the information, reports or records or contents
8 thereof shall not be disclosed by any person unless:
9
10 (vi) The disclosure is authorized by W.S.
11 7-19-504 or14-6-240(g).
12
13 14-6-239. Records and reports confidential;
14 inspection.
15
16 (d) Nothing in subsection (a) of this section shall
17 limit the disclosure of records authorized by W.S. 7-19-504
18 or14-6-240(g).
19
20 14-6-240. Fingerprinting or photographing of child;
21 disclosure of child's records.
22
23 (a) No child shall be fingerprinted or photographed by
24 a law enforcement agency or peace officer unless:
25
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1 (ii) A petition has been filed in juvenile court
2 alleging the child with having committed a delinquent act
3 which would constitute a felony; or
4
5 (iii) Latent fingerprints are found during the
6 investigation of a criminal offense which would constitute a
7 felony if committed by an adult,and a peace officer has
8 probable cause to believe the fingerprints are those of the
9 child;.or
10
11 (iv) The child has been adjudicated to have
12 committed a delinquent act which would constitute a felony
13 if committed by an adult.
14
15 (b) Fingerprints and photographs of a child found to
16 have committed a delinquent act which would be a felony if
17 committed by an adult may be retained in a local law
18 enforcement agency file and in the Wyoming division of
19 criminal investigation files in accordance with W.S.
20 7-19-501 through 7-19-506. If the matter does not result in
21 a consent decree or an adjudication that the child was a
22 delinquent for having committed an act constituting a
23 felony, the court shall order all records pertaining to the
24 matter in the files of local law enforcement agencies
25 destroyed.
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1
2 Section 3. This act is effective July 1, 1999.
3
4 (END)
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