TITLE 7 - CRIMINAL PROCEDURE

 

CHAPTER 1 - GENERAL PROVISIONS

 

7-1-101.� Payment of costs accruing from change of venue.

 

The costs accruing from a change of venue shall be paid by the county in which the indictment was found or the information filed.

 

7-1-102.� Record of information for ascertaining condition of crime in state.

 

All town, city, county and state law enforcement agencies, district courts, courts of limited jurisdiction, district attorneys, state adult and juvenile correctional institutions and state and local probation and parole agencies shall maintain a public record of crime and criminals and the operation of the criminal justice system. The attorney general shall provide uniform forms for reporting all information necessary to obtain reliable statistics to ascertain the true condition of the crime situation in the state. The officer, agency or court shall furnish the information requested by the attorney general.

 

7-1-103.� Payment of costs in misdemeanor cases.

 

In all misdemeanor cases the county shall pay the costs if the defendant is acquitted.

 

7-1-104.� Custody of convict charged with offense committed while in state penal institution.

 

If any convict in a state penal institution is charged with any crime committed while� confined therein, the convict shall remain in the custody of the department of corrections and shall remain confined in the institution unless otherwise directed by the director of the department or by order of the court in which the indictment or information is filed.

 

7-1-105.� Representation of minor pleading guilty.

 

In no criminal case in the� district court shall a plea of guilty be received or accepted from a minor unless the minor is represented by counsel.

 

7-1-106.� Prosecution of crimes.

 

 

(a)� Crimes shall be prosecuted by indictment, information, complaint or citation as provided by the rules promulgated by the Wyoming supreme court.

 

(b)� All prosecutions shall be carried on in the name and by the authority of the state of Wyoming and shall conclude "against the peace and dignity of the state of Wyoming".

 

(c)� All matters relating to the content and form of indictments, informations and complaints shall be governed by the rules promulgated by the Wyoming supreme court.

 

7-1-107.� Detention of juvenile offenders.

 

(a)� Effective July 1, 1995, no minor charged with a status offense as defined by subsection (b) of this section shall be detained in a jail.

 

(b)� As used in W.S. 7-1-107 and 7-1-108:

 

(i)� "Juvenile detention facility" means any facility which may legally and physically restrict and house a child, other than the Wyoming boys' school, the Wyoming girls' school, the Wyoming state hospital or other private or public psychiatric facility within the state of Wyoming.� A juvenile detention facility may be housed within an adult jail or correction facility if the facility otherwise meets the requirements of state law;

 

(ii)� "Minor" means an individual who is under the age of eighteen (18) years;

 

(iii)� "Status offense" means an offense which, if committed by an adult, would not constitute an act punishable as a criminal offense by the laws of this state or a violation of a municipal ordinance, but does not include a violation of W.S. 12-6-101(b) or (c) or any similar municipal ordinance;

 

(iv)� "Hardware secure juvenile detention facility" means a facility used for the detention of minors that is characterized by locks on the doors and other restrictive hardware designed to restrict the movement of the minors and protect public safety;

 

(v)� "Shelter care" means as defined in W.S. 14-6-201(a)(xxii);

 

(vi)� "Staff secure juvenile detention facility" means a facility used for the detention of minors that is characterized by a trained staff to supervise the movement and activities of detained minors at the facility, without the additional use of hardware secure equipment.

 

7-1-108.� Incarceration of juvenile offenders.

 

(a)� Effective July 1, 1995, no minor convicted of a status offense as defined by W.S. 7-1-107(b) shall be sentenced to a term of imprisonment.

 

(b)� A minor convicted of a misdemeanor or of violating a municipal ordinance, other than a status offense, for which a term of imprisonment is authorized, shall only be imprisoned in a juvenile detention facility.

 

(c)� Except for an alleged delinquent minor who is released to the custody of the minor's parent, guardian or custodian, with verbal counsel, warning or a written promise to appear in court, the person taking the minor into custody shall ensure a juvenile detention risk assessment shall be promptly performed, using a uniform assessment instrument designed by the county sheriffs.� If the risk assessment finds that the minor is a serious risk to himself or to the safety of others, the minor may be:

 

(i)� Placed in a hardware or staff secure juvenile detention facility;

 

(ii)� Transferred to a medical facility if the minor is believed to be suffering from a serious physical or mental illness that requires prompt diagnosis or treatment;

 

(iii)� If the minor is not held pursuant to paragraph (i) of this subsection, placed in shelter care or a staff secure juvenile detention facility, or released to a parent, guardian or other custodian who can provide supervision and care for the minor pending the minor's appearance in court.� If no space is available in shelter care or a staff secure juvenile detention facility, the minor may be held in a hardware secure juvenile detention facility.

 

(d)� A minor under the age of eleven (11) years shall not be held in a hardware secure juvenile detention facility.� If the minor under the age of eleven (11) years poses a substantial risk of harm to himself or others, a peace officer may detain and transport the minor for an emergency mental health evaluation.

 

(e)� If a minor is taken into custody and is not released to the minor's parent, guardian or custodian, the person taking the minor into custody shall give notice thereof to the minor's parent, guardian or custodian as soon as possible, and in no case later than twenty-four (24) hours after taking the minor into custody.

 

(f)� The county sheriffs shall report on and the department of family services shall collect and analyze data regarding the application of the juvenile detention risk assessment instruments specified under W.S. 5-6-113(c) and subsection (c) of this section and shall report to the joint judiciary interim committee annually beginning January 1, 2011 and every January 1 thereafter.

 

7-1-109.� Examination for sexually transmitted diseases required in certain cases; health officers to notify crime victims; results confidential.

 

(a)� Upon the consent of a person accused of any crime wherein it is alleged that there has been an exchange of bodily fluids, that person shall be examined as soon as practicable, but not later than forty-eight (48) hours after the date on which the information or indictment is presented, for sexually transmitted diseases included within the list of reportable diseases developed by rule and regulation of the department of health pursuant to W.S. 35-4-130(b).

 

(b)� For cases in which a person is accused of any crime wherein it is alleged that there has been an exchange of bodily fluids and the accused person is unwilling or unable to give consent as provided in subsection (a) of this section, or when, for any reason it is impractical to seek consent under subsection (a) of this section, the court may by warrant, upon a sufficient showing of probable cause by affidavit, at any time of day or night, order the medical examination of the accused person for sexually transmitted diseases included within the list of reportable diseases developed by rule and regulation of the department of health pursuant to W.S. 35-4-130(b). Testing for sexually transmitted diseases done under this subsection shall be conducted as soon as practicable, but no later than forty-eight (48) hours after the date on which the information or indictment is presented.

 

(c)� Any person convicted of a sex offense shall, at the request of the victim, be examined as soon as practicable, but not later than forty-eight (48) hours after the conviction for sexually transmitted diseases included in the list specified in subsection (a) of this section.� The victim shall make the request to the district attorney responsible for prosecuting the offense.� If the offender is unwilling or unable to consent to the examination the district attorney shall petition the court for an order requiring the offender to submit to the examination.

 

(d)� Any examination performed under this section shall be performed by a licensed physician or other health care provider.� The examination shall be in accordance with procedures prescribed by the department of health under W.S. 35-4-130 through 35-4-134 and the examination results shall be reported to the appropriate health officer.� Upon receipt of the examination results, the health officer shall notify the victim, the alleged victim or if a minor, the parents or guardian of the victim or the alleged victim.� Additional testing under this section shall be performed as medically appropriate and shall be made available in accordance with the provisions of this section.

 

(e)� Costs of any medical examination undertaken pursuant to this section shall be funded through the department of health.� If the court finds that the offender is able to reimburse the department, the offender shall reimburse the department for the costs of any medical examination under this section.

 

(f)� All results which are or can be derived from the examination ordered pursuant to this section are confidential, are not admissible as evidence and shall not be disclosed except:

 

(i)� As provided by this section;

 

(ii)� As provided by W.S. 35-4-132(d);

 

(iii)� In a civil action for the negligent or intentional infliction of or exposure to a sexually transmitted disease;

 

(iv)� In a criminal prosecution for the criminal infliction of or exposure to a sexually transmitted disease; or

 

(v)� As otherwise provided by law.

 

(g)� As used in this section:

 

(i)� "Convicted" includes pleas of guilty, nolo contendere and verdicts of guilty upon which a judgment of conviction� may be rendered, and includes juvenile adjudications of delinquency if the adjudication is based upon an act which would constitute a sex offense.� "Convicted" shall also include dispositions pursuant to W.S. 7-13-301;

 

(ii)� "Sex offense" means sexual assault under W.S. 6-2-302 through 6-2-304, attempted sexual assault, conspiracy to commit sexual assault, incest under W.S. 6-4-402 or sexual abuse of a minor under W.S. 6-2-314 through 6-2-317.

 

CHAPTER 2 - PEACE OFFICERS

 

7-2-101.� Definitions.

 

(a)� As used in W.S. 7-2-101 through 7-2-107:

 

(i)� "Deadly weapon" means as defined by W.S. 6-1-104(a)(iv);

 

(ii)� "Felony" means as defined by W.S. 6-10-101;

 

(iii)� "Misdemeanor" means as defined by W.S. 6-10-101;

 

(iv)� "Peace officer" means:

 

(A)� Any duly authorized sheriff, under sheriff or deputy sheriff who has qualified pursuant to W.S. 9-1-701 through 9-1-707;

 

(B)� Any duly authorized member of a municipal police force, a college or university campus police force or the Wyoming highway patrol who has qualified pursuant to W.S. 9-1-701 through 9-1-707;

 

(C)� Game and fish law enforcement personnel qualified pursuant to W.S. 9-1-701 through 9-1-707 and:

 

(I)� When enforcing felony statutes following observation or discovery of the commission of a felony which was observed or discovered during the performance of their statutory duties;

 

(II)� While responding to requests to assist other peace officers performing their official duties or when enforcing a valid arrest warrant for any crime; or

 

(III)� When enforcing any provision of title 23 and chapter 13 of title 41, any rule and regulation promulgated by the Wyoming game and fish commission or any other statute for which they are granted statutory enforcement authority.

 

(D)� Agents of the division of criminal investigation appointed pursuant to W.S. 9-1-613 who have qualified pursuant to W.S. 9-1-701 through 9-1-707;

 

(E)� Investigators and brand inspectors of the Wyoming livestock board who have qualified pursuant to W.S. 9-1-701 through 9-1-707:

 

(I)� When enforcing W.S. 6-3-201, 6-3-203, 6-3-401 through 6-3-403, 6-3-407, 6-3-410, 6-3-601 through 6-3-603, 6-3-607, 6-3-610 through 6-3-612, 6-9-202, 35-10-101, 35-10-102 and 35-10-104, the provisions of title 11 and any laws prohibiting theft, killing or mutilation of livestock or any part thereof and any rule or regulation promulgated by the Wyoming livestock board or any other law for which they are granted statutory enforcement authority;

 

(II)� When responding to a request to assist another peace officer as defined in this paragraph performing his official duty; or

 

(III)� Enforcing a valid arrest warrant for a crime specified in subdivision (E)(I) of this paragraph.

 

(F)� Any duly authorized arson investigator employed by the state fire marshal who has qualified pursuant to W.S. 9-1-701 through 9-1-707;

 

(G)� Any superintendent, assistant superintendent or full-time park ranger of any state park, state recreation area, state archeological site or state historic site who has qualified pursuant to W.S. 9-1-701 through 9-1-707, when acting within the boundaries of the state park, state recreation area, state archeological site or state historic site, or when responding to a request to assist other peace officers performing their official duties;

 

(H)� Any duly authorized detention officer in the performance of his duties and who has qualified pursuant to W.S. 9-1-701 through 9-1-707;

 

(J)� Investigators employed by the Wyoming state board of outfitters and professional guides and qualified pursuant to W.S. 9-1-701 through 9-1-707, when enforcing W.S. 23-2-401 and 23-2-406 through 23-2-418 and board rules and regulations promulgated under W.S. 23-2-410(a)(ii);

 

(K)� Any peace officer certified by another state who has been appointed as a special deputy sheriff of a Wyoming county pursuant to W.S. 18-3-602(c);

 

(M)� Certified law enforcement officers of an adjoining state while responding to a request for assistance from a peace officer in this state pursuant to the "Law Enforcement Interstate Mutual Aid Act" or other lawful request;

 

(N)� The director and full-time staff instructors of the Wyoming law enforcement academy when duly appointed and acting pursuant to W.S. 9-1-633(b); and

 

(O)� Any duly authorized court security officer employed by the Wyoming supreme court who is qualified pursuant to W.S. 9-1-701 through 9-1-707 when:�

 

(I)� Enforcing Wyoming statutes or supreme court rules on premises where the supreme court is conducting business;

 

(II)� In fresh pursuit of a person whom the officer has probable cause to believe has committed within the officer's jurisdiction a violation of a state statute, or for whom an arrest warrant is outstanding for any criminal offense; or

 

(III)� When responding to a request to assist other peace officers acting within the scope of their official duties in their own jurisdiction.

 

7-2-102.� Preconditions for arrests.

 

 

(a)� A peace officer may arrest a person when the officer has a warrant commanding that the person be arrested or the officer has reasonable grounds for believing that a� warrant for the person's arrest has been issued in this state or in another jurisdiction.

 

(b)� A peace officer may arrest a person without a warrant when:

 

(i)� Any criminal offense is being committed in the officer's presence by the person to be arrested;

 

(ii)� The officer has probable cause to believe that a felony has been committed and that the person to be arrested has committed it; or

 

(iii)� The officer has probable cause to believe that a misdemeanor has been committed, that the person to be arrested has committed it and that the person, unless immediately arrested:

 

(A)� Will not be apprehended;

 

(B)� May cause injury to himself or others or damage to property; or

 

(C)� May destroy or conceal evidence of the commission of the misdemeanor.

 

7-2-103.� Issuance of citations.

 

(a)� A citation may issue as a charging document for any misdemeanor which the issuing officer has probable cause to believe was committed by the person to whom the citation was issued.

 

(b)� A person may be released if, after investigation, it appears that the person:

 

(i)� Does not present a danger to himself or others;

 

(ii)� Will not injure or destroy the property of others;

 

(iii)� Will appear for future court proceedings; and

 

(iv)� Is willing to accept the citation, thereby promising to appear in court at the time and on the date specified in the citation.

 

(c)� The person may be released from custody upon the directive of:

 

(i)� The arresting officer;

 

(ii)� The district attorney or, for cases being prosecuted in municipal court, the city attorney;

 

(iii)� Another peace officer designated by the sheriff or, for cases being prosecuted in municipal court, the chief of police.

 

(d)� The citation for a person in custody may be issued by the arresting officer or by another peace officer designated by:

 

(i)� The district attorney or the city attorney for cases being prosecuted in municipal court; or

 

(ii)� The sheriff or the chief of police for cases being prosecuted in municipal court.

 

(e)� For purposes of this section, "issuing officer" means a peace officer, or a special municipal officer acting in accordance with the terms of his appointment under W.S. 15-1-103(a)(l).� A "special municipal officer" means a municipal employee whose duties include the areas of animal control, parking or municipal code enforcement.

 

7-2-104.� Authority to seize deadly weapons; disposition.

 

(a)� A peace officer may take into possession any deadly weapons found in the possession of a person arrested if:

 

(i)� The peace officer has reason to believe the weapon will be used to endanger the safety of the officer or the public; or

 

(ii)� The person arrested might seek to use the weapon to resist arrest or to escape.

 

(b)� Except as otherwise provided in this subsection, nothing in this section shall authorize a peace officer to take into possession any deadly weapon when enforcing the game and fish provisions contained in title 23 of the Wyoming statutes provided the safety of the officer or the public is not endangered.� A peace officer may take into possession a deadly weapon as authorized by W.S. 23-6-208.

 

(c)� Deadly weapons seized under this section shall be returned or disposed of as provided by W.S. 7-2-105 unless otherwise ordered by the court.

 

7-2-105.� Disposition and appraisal of property seized or held; notice and order to show cause; judgment.

 

(a)� When personal property not subject to be summarily destroyed is seized or held by any peace officer pursuant to any law of this state, or when property seized by any peace officer is delivered to the appropriate law enforcement agency under provisions other than W.S. 35-7-1049, or property is taken into custody as lost, mislaid or abandoned, the head of the law enforcement agency shall forthwith ascertain as closely as practicable:

 

(i)� The approximate value of the property;

 

(ii)� The facts giving rise to the seizure or custody;

 

(iii)� The name and position of the person making the seizure or taking the property into custody;

 

(iv)� The name and address of the owners of the property or those persons who were in possession of the property at the time of the seizure;

 

(v)� The names and addresses of all persons known to have an interest in the property seized.

 

(b)� Any property seized by a peace officer shall be delivered immediately to the appropriate law enforcement agency. The head of the law enforcement agency shall maintain custody of the property pending an order of disposal by the court pursuant to this section unless the property is otherwise released according to this section.

 

(c)� If the property is lost, mislaid, abandoned or unclaimed or if possession of the property is unlawful, the law enforcement agency shall seek in circuit court or district court an order to show cause why the property should not be sold or forfeited and sold at public auction or transferred to the use of the law enforcement agency. If the lawful owner of the property can reasonably be ascertained, the property shall be delivered to him without judicial action unless the property constitutes evidence of a crime, the possession of the property would be unlawful or ownership and interest are in dispute.

 

(d)� Notice and proceedings on the order to show cause shall be according to the Wyoming Rules of Civil Procedure, provided notice by publication shall be once each week for two (2) consecutive weeks.� The trial of the issues shall be by the court.

 

(e)� On final hearing the order to show cause shall be taken as prima facie evidence that the property is abandoned or unclaimed and is sufficient for a judgment of forfeiture in the absence of other proof.

 

(f)� In disputed ownership cases the burden shall be upon the claimants to show that they are the lawful owners or have a legally recognizable interest in the property.

 

(g)� When the property is encumbered, the court shall, after deducting costs, direct the payment of the encumbrance from the proceeds of any sale of the property or distribute the property equitably between those persons having a legal interest.

 

(h)� The proceedings and judgment of forfeiture shall be in rem and shall be primarily against the property itself.

 

(j)� Upon the entry of a judgment of forfeiture the court shall determine the disposition to be made of the property, which may include the destruction or sale of the property or the allocation of the property to some other governmental function or use or otherwise, as the court may determine.

 

(k)� Sale of the property shall be at public auction to the highest bidder for cash after two (2) weeks public notice as the court may direct.

 

(m)� Upon the application of any claimant, the court may fix the value of a forfeitable interest in the seized property and permit the claimant to redeem the property upon the payment of a sum equal to the value, which sum shall be disposed of as would the proceeds of the sale of the property under a judgment of forfeiture.

 

(n)� The balance of the proceeds, if any, shall be deposited in the general operating account of the state, county or municipal entity that has fiscal authority over the law enforcement agency confiscating the property.

 

(o)� This section does not apply to property which is subject to the Uniform Unclaimed Property Act, W.S. 34-24-101 through 34-24-140.

 

(p)� For purposes of this section, seized property that is not subject to W.S. 35-7-1049 may be summarily destroyed, provided the lawful owner has been contacted and has declined to take possession of the property, including:

 

(i)� Evidence that is no longer needed for the prosecution of a case, or needed for purposes of appellate review of the case;

 

(ii)� Evidence in misdemeanor cases in which the district attorney has determined that no suspect has been identified or prosecution has not been pursued for at least one (1) year;

 

(iii)� Evidence in felony cases in which the district attorney has determined that no suspect has been identified or prosecution has not been pursued for at least five (5) years;

 

(iv)� Soiled, defective, broken or demolished personal property, or waste.

 

(q)� Items of found property with a value of not more than fifty dollars ($50.00) for which the owner cannot be located, or if the owner has not responded after contact was attempted by the law enforcement agency, may be disposed of after the latter of:

 

(i)� Thirty (30) days after the agency has determined that the owner cannot be located; or

 

(ii)� Thirty (30) days after the agency has attempted on at least three (3) nonconsecutive days to contact the owner without response from the owner.

 

(r)� Law enforcement agencies shall preserve biological material that was seized or recovered as evidence in the investigation or prosecution that resulted in a conviction or adjudication as a delinquent for a crime of violence and not consumed in previous DNA testing.� The biological material shall be preserved for five (5) years or, except as provided in this section, for as long as any person incarcerated in connection with the case or investigation remains in custody, whichever is longer.� Notwithstanding any provisions to the contrary in this section, effective July 1, 2008 a law enforcement agency may dispose of the biological material after five (5) years if the law enforcement agency notifies any person who remains incarcerated in connection with the investigation or prosecution and any counsel of record for such person, or if there is no counsel of record, the state public defender, of the intention to dispose of the evidence and the law enforcement agency affords the person not less than one hundred eighty (180) days after the notification to file a motion for DNA testing or preservation of the biological material.� The law enforcement agency shall not be required to preserve evidence that is required to be, and has been, returned to its rightful owner, or is of such a size, bulk or physical character as to render retention impracticable.� If practicable, the law enforcement agency shall remove and preserve representative portions of the biological material sufficient to permit future DNA testing before returning or disposing of the material.

 

(s)� Whoever willfully or maliciously destroys, alters, conceals or tampers with evidence that is required to be preserved under subsection (r) of this section with the intent to impair the integrity of that evidence, to prevent that evidence from being subjected to DNA testing or to prevent the production or use of that evidence in an official proceeding shall upon conviction be subject to a fine of not more than ten thousand dollars ($10,000.00), imprisonment for not more than five (5) years, or both.

 

7-2-106.� Extraterritorial authority of peace officers; requests for assignment of peace officers; liability; compensation.

 

(a)� Subject to the limitations in subsection (e) of this section, a peace officer, while outside of his jurisdiction, shall have the same authority that applies to him within his jurisdiction to the same degree and extent only when any one (1) of the following conditions exists:

 

(i)� The peace officer is responding to a request for law enforcement assistance made by a law enforcement agency of another jurisdiction or a specific request to assist another peace officer acting within the scope of his official duties in another jurisdiction;

 

(ii)� The peace officer possesses reasonable cause to believe that a crime is occurring involving an immediate threat of serious bodily injury or death to any person; or

 

(iii)� The peace officer is in fresh pursuit of a person whom the officer has probable cause to believe has committed within the officer's jurisdiction a violation of a municipal ordinance or state statute, including traffic infractions, or for whom an arrest warrant is outstanding for any criminal or traffic offense.

 

(b)� Subject to the limitations in subsection (e) of this section, the governing body of any municipality that does not have a police department, the chief of police of any municipality or his designee, or the sheriff of any county or his designee, in accordance with the rules and procedures established by the governing body of any municipality or county, may request the chief of police of any other municipality, or his designee, or the sheriff of any other county, or his designee, to assign certified peace officers under their respective command to perform law enforcement duties within the jurisdiction of the requesting chief of police or sheriff. Peace officers, while so assigned and performing duties, are subject to the direction and control of the requesting chief or sheriff and shall have full peace officer authority within the requesting agency's jurisdiction during the assignment. The assignments under this subsection shall be restricted to the terms of a written memorandum of understanding entered into in advance by each participating sheriff, chief of police or appropriate supervisor of another agency employing peace officers and by the governing bodies of their respective counties or municipalities. The memorandum of understanding shall, at minimum, specify:

 

(i)� The length of term of the assignment, not to exceed one (1) month beyond the current term of office of any participating sheriff or chief of police;

 

(ii) �The certified peace officers covered by the assignment;

 

(iii)� A general description of the geographical boundaries of territory covered by the assignment;

 

(iv)� The responsibilities of each participating county, municipality and law enforcement agency for costs and expenses related to the assignments, including the cost of all wages, salaries, benefits and damage to equipment belonging to an officer or his employer while acting under the provisions of this subsection.

 

(c)� A peace officer acting pursuant to subsection (a), (b) or (f) of this section outside his own jurisdiction shall be deemed to be acting within the scope of his duties for purposes of the Wyoming Governmental Claims Act and the state self-insurance program, W.S. 1-41-101 through 1-41-111, or the local government self-insurance program, W.S. 1-42-201 through 1-42-206.� All privileges and immunities from liability, and all pension, disability, worker's compensation and other benefits which normally apply to peace officers while they perform their duties in their own jurisdiction shall also apply to them when acting as provided in subsection (a), (b) or (f) of this section.� For purposes of W.S. 27-14-104, the requesting and assigning law enforcement agencies shall be a joint employer as defined under W.S. 27-14-102(a)(xix) and the designated peace officer shall be a joint employee as defined under W.S. 27-14-102(a)(xxi).

 

(d)� The cost of salary and benefits accruing to a peace officer acting pursuant to subsection (a) of this section shall be borne by the individual peace officer's own employing agency. The cost of any damage to equipment belonging to the officer or his employer occurring while acting pursuant to subsection (a) of this section shall be borne by the requesting law enforcement agency.

 

(e)� Nothing in this section shall be construed to authorize a peace officer:

 

(i)� As defined in W.S. 7-2-101(a)(iv)(F), (H) or (J) to act pursuant to subsection (a) or (b) of this section; or

 

(ii)� As defined in W.S. 7-2-101(a)(iv)(E) or (G) to act pursuant to paragraph (a)(ii) or (iii) or subsection (b) of this section; or

 

(iii)� As defined in W.S. 7-2-101(a)(iv)(E), (F) or (J) to act pursuant to subsection (f) of this section.

 

(f)� Subject to the limitations in paragraph (e)(iii) of this section, the department of state parks and cultural resources may request any other agency or governing body employing peace officers to assign peace officers qualified pursuant to W.S. 9-1-701 through 9-1-707 under their respective command to perform law enforcement duties within the jurisdiction of the department of state parks and cultural resources.� Peace officers, while so assigned and performing duties, are subject to the direction and control of the department of state parks and cultural resources and shall have full peace officer authority within the department's jurisdiction during the assignment.� The assignments under this subsection shall be restricted to the terms of a written memorandum of understanding entered into in advance by the department and each participating agency employing peace officers.� The memorandum of understanding shall, at minimum, specify:

 

(i)� The length of term of the assignment;

 

(ii)� The peace officers covered by the assignment;

 

(iii)� A general description of the geographical boundaries of territory covered by the assignment;

 

(iv)� The responsibilities of the department and each participating law enforcement agency for costs and expenses related to the assignments, including the cost of all wages, salaries, benefits and damage to equipment belonging to an officer or his employer while acting under the provisions of this subsection.

 

7-2-107.� Arrest or detention of persons with diplomatic immunities.

 

(a)� This section applies to an individual who upon being stopped, detained or arrested by a peace officer for a violation of W.S. 6-2-106, a driving while under the influence offense or a moving violation pursuant to the motor vehicle laws of Wyoming or local ordinance, provides a driver's license issued by the United States department of state or otherwise claims immunities or privileges pursuant to title 22, chapter 6 of the United States Code.

 

(b)� If a driver as described in subsection (a) of this section is stopped, detained or arrested by a peace officer who has probable cause to believe that the driver has committed a violation described in subsection (a) of this section, the peace officer shall:

 

(i)� Within a reasonable amount of time, contact the United States department of state and verify the driver's status and possible immunity;

 

(ii)� Record relevant information from the driver's license or identification card issued by the United States department of state; and

 

(iii)� Within five (5) days after the date of the stop, forward the following to the United States department of state:

 

(A)� A written report of the incident; and

 

(B)� A copy of the citation or other charging document if issued.

 

(c)� The provisions of this section do not prohibit the application of any law to a criminal violation by any individual who claims immunities pursuant to title 22, chapter 6 of the United States Code.

 

7-2-108.� Repealed By Laws 2007, Ch. 91, � 3.

 

 

CHAPTER 3 - FUGITIVES AND PREVENTION OF CRIME

 

ARTICLE 1 - INTERSTATE COMPACTS

 

7-3-101.� Legislative findings.

 

 

(a)� The legislature finds and declares:

 

(i)� The congress of the United States, pursuant to the provisions of section 10 of article I of the constitution of the United States, has granted its consent, by that certain act of June 6, 1934 (Public Law No. 293, H.R. 7353), as amended, that any two (2) or more states may enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and in the enforcement of their respective criminal laws and policies, and for the establishment of any agencies, joint or otherwise, as they may deem desirable, for making effective the agreements or compacts;

 

(ii)� There is a practical need and utility� for these agreements or compacts, between or among the state of Wyoming and any other states of the United States, and particularly between or among the state of Wyoming and those states adjoining the state of Wyoming.

 

7-3-102.� Appointment of attorney general to represent state on joint commissions.

 

The governor shall appoint the attorney general� as the commissioner who shall represent Wyoming upon any joint commission� created by Wyoming and any one (1) or more states for the purpose of negotiating and entering into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and in the enforcement of the respective criminal laws and policies of Wyoming and any other state and for the establishment of agencies deemed desirable for making effective any agreement or compact.

 

7-3-103.� Purpose and objects; required ratification.

 

(a)� Any agreement or compact entered into under W.S. 7-3-101 through 7-3-107 shall be designed to suppress crime, to circumvent the activities of criminals and to expedite their apprehension and trial, and to enforce generally the respective criminal laws and policies of Wyoming and any other state entering into the agreement or compact. In order to effectuate those purposes, an agreement or compact may contain specific provisions for the accomplishment of any of the following objects:

 

(i)� The arrest of any person who has fled from any one (1) of the compacting states into another, by any pursuing officer of the compacting state from which the person fled;

 

(ii)� The return of any witness deemed essential in the prosecution of any criminal case who has gone or fled into any other compacting state from the compacting state in which his presence is required;

 

(iii)� The establishment and maintenance by any two (2) or more compacting states of facilities for the investigation of crime and the discovery of criminals, including crime detection agencies, bureaus of registration and identification, crime laboratories and similar agencies;

 

(iv)� The proper supervision of any person who, having been paroled or granted probation in one (1) of the compacting states, has become a resident of any other compacting state;

 

(v)� The written agreement of one (1) or more law enforcement agencies of this state to enter into mutual aid agreements with one (1) or more law enforcement agencies of this state or an adjoining state or the United States as authorized by W.S. 7-3-903(a).

 

(b)� Any agreement or compact entered into pursuant to this section shall conform with the purposes for which the consent of the congress has been granted. Any agreement or compact� entered into on behalf of Wyoming and any one (1) or more states shall not be binding upon any of the states, or upon their respective citizens, until the agreement or compact has been ratified and approved by the respective legislatures of the several states entering into the agreement or compact.

 

7-3-104.� Legal, clerical and stenographic assistance.

 

When the commissioner of Wyoming is called to enter upon the performance of his duties, as provided under W.S. 7-3-101 through 7-3-107, he shall be furnished legal, clerical and stenographic assistance as the governor and he deem advisable and necessary.

 

7-3-105.� Commencement of commissioner's duties.

 

The commissioner for Wyoming shall not commence the performance of his duties, or be authorized to incur any expenses for traveling, or for legal, clerical or stenographic assistance, until the governor of Wyoming is notified by the governor of another state that� he has appointed a commissioner to serve upon a joint commission for the purpose of negotiating and entering into any agreement or compact authorized to be made on behalf of Wyoming under W.S. 7-3-101 through 7-3-107.

 

7-3-106.� Investigations.

 

The commissioner for Wyoming has full authority to make any investigations of conditions in Wyoming or in any other state which may be necessary in negotiating any� agreement or compact authorized by W.S. 7-3-101 through 7-3-107.

 

7-3-107.� Compensation of commissioner.

 

The commissioner for Wyoming shall receive no compensation for his services as such, but he and his assistants shall be entitled to receive their traveling and other necessary expenses incurred in the performance of their duties.

 

ARTICLE 2 - EXTRADITION

 

7-3-201.� Definitions.

 

 

(a)� As used in this act:

 

(i)� "Executive authority" includes the governor, and any person performing the functions of governor in a state other than this state;

 

(ii)� "Governor" includes any person performing the functions of governor by authority of the law of this state;

 

(iii)� "State", referring to a state other than this state, includes any other organized or unorganized state or territory of the United States of America;

 

(iv)� "This act" means W.S. 7-3-201 through 7-3-227.

 

7-3-202.� Duty of governor to have fugitives arrested and delivered up to proper authorities.

 

Subject to the qualifications of this act, and the applicable provisions of the United States constitution and acts of congress, the governor of this state shall have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.

 

7-3-203.� General requirements as to demand by another state.

 

No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon. The indictment, information, or affidavit made before the magistrate shall substantially charge the person demanded with having committed a crime under the law of that state and the copy shall be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth.

 

7-3-204.� Investigation of demand.

 

When a demand shall be made upon the governor of this state by the executive authority of another state for a surrender of a person charged with crime, the governor may call upon the attorney general or any district attorney in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he should be surrendered.

 

7-3-205.� Contents of demand.

 

 

(a)� A warrant of extradition shall not be issued unless the documents presented by the executive authority making the demand show that the accused:

 

(i)� Except in cases arising under W.S. 7-3-206, was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state;

 

(ii)� Is now in this state; and

 

(iii)� Is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that he has been convicted of a crime in that state and has escaped from confinement or broken his parole.

 

7-3-206.� Surrender of accused when not present in demanding state at time of crime.

 

The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in that other state in the manner provided in W.S. 7-3-205, with committing an act in this state, or in a third state, intentionally resulting in a crime in that state whose executive authority is making the demand. The provisions of this act not otherwise inconsistent shall apply to this situation notwithstanding the accused was not in that state at the time of the commission of the crime and has not fled therefrom.

 

7-3-207.� Issuance of governor's warrant for arrest; contents.

 

If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, sealed with the state seal, and directed to a sheriff, marshal, coroner or other person� entrusted to execute it. The warrant shall substantially recite the facts necessary to the validity of its issuance.

 

7-3-208.� Effect of warrant.

 

 

(a)� The warrant shall:

 

(i)� Authorize the officer or other person to whom directed to arrest the accused at any place where he may be found within the state and to deliver him to the duly authorized agent of the demanding state; and

 

(ii)� Command the aid of all sheriffs and other peace officers in the execution of the warrant.

 

7-3-209.� Authority of person making arrest to command assistance.

 

Every officer or other person authorized by the governor to make the arrest has the same authority in arresting the accused to command assistance as sheriffs and other officers have in the execution of any criminal process directed to them, with the like penalties against those who refuse their assistance.

 

7-3-210.� Right of accused to counsel; opportunity to apply for writ of habeas corpus; notice of writ and hearing.

 

No person arrested pursuant to W.S. 7-3-208 shall be delivered over to the agent whom the executive authority demanding� him shall have appointed to receive him unless he has been informed of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand legal counsel. If the prisoner, his friends, or counsel shall state that he or they desire to test the legality of the arrest, the prisoner shall be taken forthwith before a judge of a court of record in this state, who shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When the writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the appointed agent of the demanding state.

 

7-3-211.� Penalty for surrendering accused without hearing.

 

Any officer who delivers to the agent for extradition of the demanding state a person in his custody under the governor's warrant in violation of W.S. 7-3-210 is guilty of a misdemeanor, and on conviction shall be fined not more than one thousand dollars ($1,000.00), or be imprisoned not more than six (6) months, or both.

 

7-3-212.� Confinement in jail for safekeeping; expenses.

 

The officer or person executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city en route to his destination.� The keeper of the jail shall receive and safely keep the prisoner until the person having charge of him is ready to proceed on his route.� The person having charge of the prisoner is chargeable with the expense of keeping him in jail.

 

7-3-213.� Issuance of warrant for arrest by judge or magistrate.

 

 

(a)� The judge or magistrate shall issue a warrant for arrest when:

 

(i)� Any person within this state is charged on the oath of any credible person before the judge or other magistrate of this state with the commission of a crime in any other state, and except in cases arising under W.S. 7-3-206, with having fled from justice; or

 

(ii)� A complaint� has been made before any judge or other magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in that other state and that the accused has been charged in that state with the commission of the crime, and, except in cases arising under� W.S. 7-3-206, has fled therefrom and is believed to have been found in this state.

 

(b)� The warrant to the sheriff of the county in which the oath or complaint is filed shall direct him to apprehend the person charged, wherever he may be found in this state, and bring him before the judge or magistrate or any other judge, court, or magistrate who may be convenient to the place where the arrest may be made, to answer the charge or complaint and affidavit. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

 

7-3-214.� Authority to arrest person without warrant.

 

The arrest of a person may be lawfully made by an officer or a private citizen without a warrant upon reasonable information that the accused is charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one (1) year. When arrested under this section the accused shall be taken before a judge or magistrate as soon as possible and complaint shall be made against him under oath setting forth the ground for the arrest as in W.S. 7-3-213. Thereafter his answer shall be heard as if he had been arrested on a warrant.

 

7-3-215.� Examination of person arrested without warrant; commitment pending demand.

 

If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and that he probably committed the crime, and, except in cases arising under� W.S. 7-3-206, that he has fled from justice, the judge or magistrate shall commit him to jail by a warrant reciting the accusation and specifying the time� as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in W.S. 7-3-216, or until he shall be legally discharged.

 

7-3-216.� Right of person arrested without warrant to bail.

 

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate shall admit the arrested person to bail by bond or undertaking, with sufficient sureties, and in such sum as he deems proper. The bail or bond shall be conditioned for the appearance of the arrested person before the judge or magistrate at a time specified in the bond or undertaking, and for his surrender, to be arrested upon the warrant of the governor of this state.

 

7-3-217.� Failure of state to demand person arrested without warrant within time specified.

 

If the accused is not arrested� under warrant of the governor by the expiration of the time specified in the warrant, bond, or undertaking, the judge or magistrate may discharge him or may recommit him to a further day, or may again take bail for his appearance and surrender, as provided in W.S. 7-3-216. At the expiration of the second period of commitment, or if he has been bailed and appeared according to the terms of his bond or undertaking, the judge or magistrate may either discharge him, or may require him to enter into a new bond or undertaking, to appear and surrender himself at another day.

 

7-3-218.� Failure of prisoner admitted to bail to appear.

 

If the prisoner is admitted to bail, and fails to appear and surrender himself according to the condition of his bond, the court shall order the bond forfeited. Recovery may be had on the bond in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.

 

7-3-219.� Procedure where criminal prosecution pending against accused in state.

 

If a criminal prosecution has been instituted against the person under the laws of this state and is still pending, the governor at his discretion either may surrender him on the demand of the executive authority of another state, or may hold him until he has been tried and discharged, or convicted and punished in this state.

 

7-3-220.� Inquiry into guilt or innocence of accused.

 

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition as provided by W.S. 7-3-203 shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.

 

7-3-221.� Recall of, or issuance of new, warrant.

 

The governor may recall his warrant of arrest, or may issue another warrant whenever he deems proper.

 

7-3-222.� Demand that accused be returned to this state; issuance of warrant.

 

 

(a)� Upon receipt of an application as provided by W.S. 7-3-223, the governor of this state may demand a person charged with crime in this state, or with violation of parole, from the chief executive of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive such demand under the laws of the United States.

 

(b)� The governor shall issue a warrant under the seal of this state, to some agent, commending him to receive the person� so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed.

 

7-3-223.� Application for return of accused to this state.

 

 

(a)� When the return to this state of a person charged with crime in this state is required, the district attorney for the county in which the offense is committed shall present to the governor a written application for a requisition for the return of the person charged. The application shall state:

 

(i)� The name of the person charged;

 

(ii)� The crime charged against him;

 

(iii)� The approximate time, place and circumstances of the commission of the crime; and

 

(iv)� The state and address or location where the accused is believed to be at the time the application is made.

 

(b)� As part of the application under subsection (a) of this section the district attorney shall certify that in his opinion justice requires the arrest and return of the accused to this state for trial, and that the proceeding is not instituted to enforce a private claim.

 

(c)� The application under subsection (a) of this section shall be verified by affidavit and shall be executed in duplicate. It shall be accompanied by two (2) certified copies of the indictment returned, or information filed, or of the complaint and affidavit made to the magistrate, stating the offense with which the accused is charged. The� district attorney may also attach further affidavits and other documents in duplicate as he deems proper to be submitted with the application. One (1) copy of the application with the action of the governor indicated by his endorsement, and one (1) of the certified copies of the indictment, information or complaint and affidavit, shall be filed in the office of the secretary of state to remain of record in that office. The other copy of all papers shall be forwarded with the governor's requisition.

 

(d)� When the return to this state of a person charged with violating the conditions of his parole is required, the chairman of the board of parole shall present to the governor a written application for a requisition for the return of the person charged with parole violation.� The application shall state:

 

(i)� The name of the parolee;

 

(ii)� The parole violation charged against him;

 

(iii)� The approximate time, place and circumstances of the commission of the violation; and

 

(iv)� The state and address where the parolee is believed to be at the time the application is made.

 

(e)� As part of the application under subsection (d) of this section the chairman of the board of parole shall certify that in his opinion justice requires the arrest and return of the parolee to this state for hearing before the board of parole and that the proceeding is not instituted to enforce a private claim.

 

(f)� The application under subsection (d) of this section shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two (2) certified copies of the� judgment and sentence, parole grant, parole agreement, recommendation for revocation of parole and order of arrest issued by the board of parole.� The chairman of the board of parole may also attach further affidavits and other documents in duplicate as� he deems proper to be submitted with the application.� One (1) copy of the application with the action of the governor indicated by his endorsement, and one (1) of the certified copies required by this subsection, shall be filed in the office of the secretary of state to remain of record in that office.� The other copy of all papers shall be forwarded with the governor's requisition.

 

7-3-224.� Payment of expenses for return of accused to this state.

 

(a)� The state shall pay the expenses involved in the return to this state of a person charged with violating the terms of his parole or who has escaped from a state penal institution or who has escaped from a corrections program provided for inmates of a state penal institution other than a defendant serving a split sentence of incarceration under W.S. 7-13-107 or a probationer participating in a residential or nonresidential community correctional program pursuant to W.S. 7-18-108. In all other cases the expenses of extradition shall be paid by the county applying for the return of the person.

 

(b)� Expenses authorized under this section include the fees paid to the officers of the state on whose governor the requisition is made, and mileage for all necessary travel in returning the person not exceeding the rate set in W.S. 9-3-103.

 

7-3-225.� Service of civil process on person brought into state.

 

A person brought into this state on extradition based on a criminal charge is not subject to service of personal process in any civil action arising out of the same facts as the criminal proceedings to answer which he is returned, until he has been convicted in the criminal proceedings, or if acquitted, until he has had ample opportunity to return to the state from which he was extradited.

 

7-3-226.� Charging of person brought into state with other crimes.

 

After a person has been brought back to this state upon extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here, as well as that specified in the requisition for his extradition.

 

7-3-227.� Construction of provisions.

 

This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

 

ARTICLE 3 - INTERSTATE COMPACT FOR ARREST OF FUGITIVES AND ATTENDANCE OF WITNESSES

 

7-3-301.� Repealed By Laws 2007, Ch. 89, � 1.

 

 

7-3-302.� Repealed By Laws 2007, Ch. 89, � 1.

 

 

7-3-303.� Repealed By Laws 2007, Ch. 89, � 1.

 

ARTICLE 4 - WESTERN INTERSTATE CORRECTIONS COMPACT

 

7-3-401.� Western Interstate Corrections Compact.

 

The Western Interstate Corrections Compact as contained herein is hereby enacted into law and entered into on behalf of this state with any and all other states legally joining therein in a form substantially as follows:

 

WESTERN INTERSTATE CORRECTIONS COMPACT

 

ARTICLE I

 

Purpose and Policy

 

����������� The party states, desiring by common action to improve their institutional facilities and provide programs of sufficiently high quality for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interest of such offenders and of society. The purpose of this compact is to provide for the development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders.

 

ARTICLE II

 

Definitions

 

(a)� As used in this compact, unless the context clearly requires otherwise:

 

(i)� "State" means a state of the United States or, subject to the limitation contained in article VII, Guam;

 

(ii)� "Sending state" means a state party to this compact in which conviction was had;

 

(iii)� "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction was had;

 

(iv)� "Inmate" means a male or female offender who is under sentence to or confined in a prison or other correctional institution;

 

(v)� "Institution" means any prison, reformatory or other correctional facility (including but not limited to a facility for the mentally ill or mentally defective) in which inmates may lawfully be confined;

 

(vi)� "This compact" means W.S. 7-3-401.

 

ARTICLE III

 

Contracts

 

(a)� Each party state may make one (1) or more contracts with any one (1) or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

 

(i)� Its duration;

 

(ii)� Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance;

 

(iii)� Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof, and the crediting of proceeds from or disposal of any products resulting therefrom;

 

(iv)� Delivery and retaking of inmates;

 

(v)� Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

 

(b)� Prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that monies are legally available therefor, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract.

 

(c)� The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

 

ARTICLE IV

 

Procedures and Rights

 

(a)� Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has entered into a contract pursuant to article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary in order to provide adequate quarters and care or desirable in order to provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

 

(b)� The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

 

(c)� Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of article III.

 

(d)� Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

 

(e)� All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

 

(f)� Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state.

 

(g)� Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

 

(h)� Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.

 

(j)� The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

 

ARTICLE V

 

Acts Not Reviewable in Receiving State; Extradition

 

(a)� Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is suspected of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

 

(b)� An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

 

ARTICLE VI

 

Federal Aid

 

����������� Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.

 

ARTICLE VII

 

Entry into Force

 

����������� This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two (2) contiguous states from among the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the purposes of this article, Alaska and Hawaii shall be deemed contiguous to each other; to any and all of the states of California, Oregon and Washington; and to Guam. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states, or any other state contiguous to at least one (1) party state upon similar action by such state. Guam may become party to this compact by taking action similar to that provided for joinder by any other eligible party state and upon the consent of congress to such joinder. For the purposes of this article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon and Washington.

 

ARTICLE VIII

 

Withdrawal and Termination

 

����������� This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until two (2) years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

 

ARTICLE IX

 

Other Arrangements Unaffected

 

����������� Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

 

ARTICLE X

 

Construction and Severability

 

����������� The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

 

7-3-402.� Authority to commit or transfer inmates.

 

Any court or other agency or officer of this state having power to commit or transfer an inmate (as defined in article II (a)(iv) of the Western Interstate Corrections Compact) to any institution for confinement may commit or transfer such inmate to any institution within or without this state if this state has entered into a contract or contracts for the confinement of inmates in said institution pursuant to article III of the Western Interstate Corrections Compact.

 

7-3-403.� Enforcement of compact.

 

The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions including but not limited to the making and submission of such reports as are required by the compact.

 

7-3-404.� Hearings.

 

The governor is hereby authorized and directed to hold such hearings as may be requested by any other party state pursuant to article IV (f) of the Western Interstate Corrections Compact.

 

7-3-405.� Authority to enter into contracts; force and effect.

 

The governor is hereby empowered to enter into such contracts on behalf of this state as may be appropriate to implement the participation of this state in the Western Interstate Corrections Compact pursuant to article III thereof. No such contract shall be of any force or effect until approved by the attorney general of the state.

 

7-3-406.� Construction and severability of provisions.

 

The provisions of this act, W.S. 7-3-401 through 7-3-406, shall be severable and if any phrase, clause, sentence, or provision of this act is declared to be unconstitutional or the applicability thereof to any state, agency, person or circumstance is held invalid, the constitutionality of this act and the applicability thereof to any other state, agency, person or circumstance shall, with respect to all severable matters, not be affected thereby. It is the legislative intent that the provisions of this act be reasonably and liberally construed.

 

ARTICLE 5 - PREVENTION OF CRIME

 

7-3-501.� Filing of complaint; issuance of warrant or summons.

 

(a)� As used in W.S. 7-3-501 through 7-3-505 "judge" means a circuit court judge.

 

(b)� When complaint is made by the district attorney or by any private person to any circuit court judge that a person has threatened or is about to commit a breach of the peace or an offense against the person or property of another, the judge shall:

 

(i)� Examine under oath the complainant and any witnesses who may be produced;

 

(ii)� Reduce the complaint and a concise statement of the testimony of the witnesses to writing; and

 

(iii)� Cause the complaint to be subscribed and sworn to.

 

(c)� If it appears there is probable cause to believe the offense will be committed, the judge shall issue a warrant for the arrest of the person complained against or issue a summons for him to appear and answer the complaint.

 

7-3-502.� Examination of party complained against; recognizance to keep peace.

 

When the party complained against appears before the judge the testimony produced on both sides shall be heard if the allegations of the complaint are controverted. If, upon examination, it appears to the judge that there is no probable cause to believe that the offense will be committed, the person complained against shall be discharged. If, however, the judge finds that there is probable cause to believe that the offense will be committed, he shall order the person complained against to give a recognizance, with good and sufficient surety in the form of cash, bond or other property, in any sum the judge directs. The recognizance shall be conditioned that the person complained against shall keep the peace� toward all people of this state, and especially towards the person against whom or whose property there is reason to believe the offense will be committed, for a period of time determined by the judge not exceeding twelve (12) months.

 

7-3-503.� Compliance with recognizance order; failure to give recognizance.

 

 

(a)� If a person ordered to give recognizance complies with the order he shall be discharged and the recognizance returned to him.

 

(b)� If a person ordered to give recognizance and surety refuses or neglects to do so, the judge may order the person to show cause why he should not be committed to jail. If the judge finds that the person's default is willful or is due to his failure to make a good faith effort to obtain the surety required, the judge may order him committed to jail until the surety, or a specified part thereof is given, provided that such commitment shall not exceed six (6) months.

 

7-3-504.� Judgment against complainant; defects in complaint.

 

(a)� If the person complained against is discharged after hearing because no probable cause is found and if the judge finds that the complaint was commenced maliciously and without reasonable cause on the part of the complainant, the judge may enter judgment against the complainant for the costs of the proceedings and the reasonable attorney's fees of the person complained against. If the person complained against is required to give recognizance the judge may assess the costs of the proceedings against him.

 

(b)� A proceeding to prevent an offense under this article shall not be dismissed because of any informality or insufficiency of the complaint or other document in the proceeding. The complaint may be amended by the judge to conform to the evidence in the case.

 

7-3-505.� Filing of recognizance; forfeiture.

 

A recognizance taken in accordance with W.S. 7-3-501 through 7-3-505 shall be filed by the clerk of the court in the court records. Upon a breach of the condition of the recognizance, the court shall declare a forfeiture of the security in the manner provided for the forfeiture of bail in criminal cases, except for good cause shown.

 

7-3-506.� Definitions.

 

(a)� As used in W.S. 7-3-506 through 7-3-511:

 

(i)� "Court" means the circuit court or the district court in the county where an alleged victim of stalking resides, or where the alleged perpetrator of the stalking is found;

 

(ii)� "Order of protection" means a court order granted for the protection of a victim of stalking;

 

(iii)� "Stalking" means conduct as defined by W.S. 6-2-506(b).

 

7-3-507.� Petition for order of protection; contents; requisites; indigent petitioners.

 

(a)� A victim of stalking, or the district attorney on behalf of the alleged victim, may file with the court a petition for an order of protection.

 

(b)� The petition shall be accompanied or supplemented by one (1) or more sworn affidavits setting out specific facts showing the alleged stalking and the identity of the alleged stalker.

 

(c)� No filing fee shall be charged for the filing of a petition under this section nor shall a fee be charged for service of process.

 

(d)� The attorney general shall promulgate a standard petition form which may be used by petitioners. The clerk of the circuit or district court shall make standard petition forms available to petitioners, with instructions for completion, without charge. If the petition is not filed by the district attorney, the court may appoint an attorney to represent an indigent petitioner.� Nothing in this subsection shall prevent the victim from hiring an attorney or filing a petition pro se.

 

(e)� A petition may be filed under this section whether or not the individual who is alleged to have engaged in a course of conduct prohibited under W.S. 6-2-506 has been charged or convicted under W.S. 6-2-506 for the alleged crime.

 

7-3-508.� Temporary order of protection; setting hearing.

 

(a)� Upon the filing of a petition for an order of protection, the court shall schedule a hearing on the petition to be conducted within seventy-two (72) hours after the filing of the petition, and shall cause each party to be served, either within or outside of this state, with an order to appear, a copy of the petition and a copy of the supporting affidavits. Service shall be made upon each party at least twenty-four (24) hours before the hearing.� The failure to hold or complete the hearing within seventy-two (72) hours shall not affect the validity of the hearing or any order issued thereon.

 

(b)� If the court determines from the specific facts shown by the petition and supporting affidavits that there exists a clear and present danger of further stalking or of serious adverse consequences to any person, the court may grant ex parte a temporary order of protection pending the hearing, and shall cause a copy of the temporary order of protection to be served on each party, either within or outside of this state.� The court may prescribe terms in the temporary order of protection which it deems sufficient to protect the victim and any other person pending the hearing, including but not limited to the elements described in W.S. 7-3-509(a).

 

(c)� A temporary order of protection issued under paragraph (b) of this section shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 7-3-510(c), can result in immediate arrest and may in some cases subject the perpetrator to enhanced penalties for felony stalking under W.S. 6-2-506(e).

 

7-3-509.� Order of protection; contents; remedies; order not to affect title to property.

 

 

(a)� Following a hearing under W.S. 7-3-508(a) and upon a finding that conduct constituting stalking has been committed, the court shall enter an order of protection ordering the respondent to refrain from any further acts of stalking involving the victim or any other person. As a part of any order of protection, the court may direct that the respondent:

 

(i)� Stay away from the home, school, business or place of employment of the victim or any other locations the court may describe in the order; and

 

(ii)� Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged offense and any other persons, including but not limited to members of the family or household of the victim, as the court may describe in the order.

 

(b)� The order shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 7-3-510(c), can result in immediate arrest and may in some cases subject the perpetrator to enhanced penalties for felony stalking under W.S. 6-2-506(e).

 

7-3-510.� Service of order; duration and extension of order; violation; remedies not exclusive.

 

(a)� An order of protection granted under W.S. 7-3-509 shall be served upon the respondent pursuant to the Wyoming Rules of Civil Procedure.� A copy of the order of protection shall be filed with the sheriff of the county.

 

(b)� An order of protection granted by the court under W.S. 7-3-509 shall be effective for a fixed period of time not to exceed one (1) year.� Either party may move to modify, terminate or extend the order.� The order may be extended repetitively upon a showing of good cause for additional periods of time not to exceed one (1) year each.

 

(c)� Willful violation of a temporary order of protection issued under W.S. 7-3-508 or of an order of protection issued under W.S. 7-3-509 is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. A temporary order of protection issued under W.S. 7-3-508 and an order of protection issued under W.S. 7-3-509 shall have statewide applicability and a criminal prosecution under this subsection may be commenced in any county in which the respondent commits an act in violation of the order.

 

(d)� The remedies provided by W.S. 7-3-506 through 7-3-511 are in addition to any other civil or criminal remedy available under the law.

 

7-3-511.� Emergency assistance by law enforcement officers; limited liability.

 

 

(a)� A person who allegedly has been a victim of stalking may request the assistance of a law enforcement agency, which shall respond to the request in a manner appropriate to the circumstances.

 

(b)� A law enforcement officer or agency responding to the request for assistance may take whatever steps are reasonably necessary to protect the victim, including:

 

(i)� Advising the victim of the remedies available under W.S. 7-3-506 through 7-3-511 and the availability of shelter, medical care, counseling and other services;

 

(ii)� Advising the victim, when appropriate, of the procedure for initiating proceedings under W.S. 7-3-506 through 7-3-511 or criminal proceedings and the importance of preserving evidence; and

 

(iii)� Providing or arranging for transportation of the victim to a medical facility or place of shelter.

 

(c)� Any law enforcement agency or officer responding to a request for assistance under W.S. 7-3-506 through 7-3-511 is immune from civil liability when complying with the request, provided that the agency or officer acts in good faith and in a reasonable manner.

 

ARTICLE 6 - COMMUNICATION INTERCEPTION

 

7-3-601.� Repealed By Laws 2001, Ch. 140, � 2.

 

 

7-3-602.� Repealed By Laws 2001, Ch. 140, � 2.

 

 

7-3-603.� Repealed By Laws 2001, Ch. 140, � 2.

 

 

7-3-604.� Repealed By Laws 2001, Ch. 140, � 2.

 

7-3-605.� Repealed By Laws 2001, Ch. 140, � 2.

 

 

7-3-606.� Repealed By Laws 2001, Ch. 140, � 2.

 

 

7-3-607.� Repealed By Laws 2001, Ch. 140, � 2.

 

7-3-608.� Repealed By Laws 2001, Ch. 140, � 2.

 

 

7-3-609.� Repealed By Laws 2001, Ch. 140, � 2.

 

 

7-3-610.� Repealed By Laws 2001, Ch. 140, � 2.

 

7-3-611.� Repealed By Laws 2001, Ch. 140, � 2.

 

ARTICLE 7 - COMMUNICATION INTERCEPTION

 

7-3-701.� Definitions.

 

(a)� As used in this act:

 

(i)� "Aggrieved person" means any person who was a party to any oral, wire or electronic communication intercept as defined in this act, or a person against whom the interception was directed;

 

(ii)� "Aural transfer" means a transfer containing the human voice at any point between and including the point of origin and the point of reception;

 

(iii)� "Communication common carrier" shall have the same meaning which is given the term "common carrier" by 47 U.S.C. � 153(10);

 

(iv)� "Contents" when used with respect to any oral, wire or electronic communication includes any information concerning the meaning, substance or purport of the communication;

 

(v)� "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system that affects interstate or foreign commerce but does not include:

 

(A)� Any wire or oral communication;

 

(B)� Any communication made through a tone-only paging device;

 

(C)� Any communication made through a tracking device as defined in 18 U.S.C. � 3117; or

 

(D)� Electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.

 

(vi)� "Electronic communication service" means any service which provides to users thereof the ability to send or receive wire or electronic communications;

 

(vii)� "Electronic communications system" means any wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of those communications;

 

(viii)� "Electronic, mechanical or other device" means any device or apparatus which can be used to intercept a wire, oral or electronic communication, other than:

 

(A)� Any telephone or telegraph instrument, equipment or facility or component thereof, used in the ordinary course of business or by a peace officer in the ordinary course of his duties; or

 

(B)� A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

 

(ix)� "Intercept" means the aural or other acquisition of the contents of any oral, wire or electronic communication by use of an electronic, mechanical or other device;

 

(x)� "Judge of competent jurisdiction" means a judge of a district court;

 

(xi)� "Oral communication" means any oral communication uttered by a person who reasonably expects and circumstances justify the expectation that the communication is not subject to interception but does not include any electronic communication;

 

(xii)� "Peace officer" means� any peace officer included in W.S. 7-2-101(a)(iv)(A), (B) or (D), other than members of a college or university police force, and includes any law enforcement officer with federal criminal enforcement jurisdiction;

 

(xiii)� "Provider of wire or electronic communication service" means any person who provides a service which consists of communications by wire, radio, electronic, laser or other transmission of energy;

 

(xiv)� "Readily accessible to the general public" means, with respect to a radio communication, that the communication is not:

 

(A)� Scrambled or encrypted;

 

(B)� Transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of the communication;

 

(C)� Carried on a subcarrier or other signal subsidiary to a radio transmission;

 

(D)� Transmitted over a communication system provided by a common carrier, unless the communication is a tone only paging system communication; or

 

(E)� Transmitted on frequencies allocated under part 25, subpart D, E, or F of part 74, or part 94 of the rules of the federal communications commission, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio.

 

(xv)� "User" means any person or entity who:

 

(A)� Uses an electronic communication service; and

 

(B)� Is duly authorized by the provider of the service to engage in the use.

 

(xvi)� "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection, including the use of such connection in a switching station, between the point of origin and the point of reception, furnished or operated by any person engaged in providing or operating such facilities for the transmission of intrastate, interstate or foreign communications, and includes any electronic storage of such communication;

 

(xvii)� "This act" means W.S. 7-3-701 through 7-3-712.

 

7-3-702.� Prohibition against interception or disclosure of wire, oral or electronic communications; exceptions; penalties.

 

(a)� Except as provided in subsection (b) of this section, no person shall intentionally:

 

(i)� Intercept, attempt to intercept, or procure any other person to intercept or attempt to intercept any wire, oral or electronic communication;

 

(ii)� Use, attempt to use, or procure any other person to use or attempt to use any electronic, mechanical or other device to intercept any oral communication when:

 

(A)� Such device is affixed to, or otherwise transmits a signal through, a wire, cable or other like connection used in wire communication; or

 

(B)� Such device transmits communications by radio or interferes with the transmission of such communication.

 

(iii)� Disclose or attempt to disclose to another person the contents of any wire, oral or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral or electronic communication in violation of this section;

 

(iv)� Use or attempt to use the contents of any wire, oral or electronic communication knowing or having reason to know that the information was obtained through the interception of a wire, oral or electronic communication in violation of this section;

 

(v)� Disclose, or attempt to disclose, to any other person the contents of any wire, oral or electronic communication, intercepted by means authorized by this act:

 

(A)� Knowing or having reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation;

 

(B)� Having obtained or received the information in connection with a criminal investigation; and

 

(C)� With intent to improperly obstruct, impede or interfere with a duly authorized criminal investigation.

 

(b)� Nothing in subsection (a) of this section prohibits:

 

(i)� An operator of a switchboard, or an officer, employee or agent of a wire or electronic communication service whose facilities are used in the transmission of a wire communication from intercepting, disclosing or using a wire or electronic communication intercepted in the normal course of that person's employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks;

 

(ii)� An officer, employee or agent of any provider of wire or electronic communications service, landlords, custodians or other persons from providing information, facilities or technical assistance to a peace officer who is authorized pursuant to this act to intercept a wire, oral or electronic communication if any such person has been provided with a court order directing such assistance. No provider of wire or electronic communication service, officer, employee or agent thereof, or landlord, custodian or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished a court order under this act, except as may otherwise be required by legal process and then only after prior notification to the attorney general. Any such disclosure, shall render such person liable for the civil damages provided for in W.S. 7-3-710. No criminal or civil cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees or agents, landlord, custodian or other specified person for providing information, facilities or assistance in accordance with the terms of a court order under this act;

 

(iii)� An officer, employee or agent of the federal communications commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the commission in the enforcement of� 47 U.S.C. � 151 et seq., from intercepting a wire or electronic communication, or oral communication transmitted by radio, or disclosing or using the information thereby obtained;

 

(iv)� Any person from intercepting an oral, wire or electronic communication where the person is a party to the communication or where one (1) of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act;

 

(v)� A peace officer from intercepting, using or disclosing to another peace officer in the course of his official duties any wire, oral or electronic communication pursuant to an order permitting the interception under this act;

 

(vi)� An employee of a telephone company from intercepting a wire communication for the sole purpose of tracing the origin of the communication upon request by the recipient of the communication who alleges that the communication is obscene, harassing or threatening in nature.� The person conducting the interception shall notify local law enforcement authorities of the interception within forty-eight (48) hours;

 

(vii)� A person from intercepting or accessing an electronic communication made through an electronic communication system that is configured so that the electronic communication is readily accessible to the general public;

 

(viii)� A person from intercepting any radio communication which is transmitted:

 

(A)� By any station for the use of the general public, or that relates to ships, aircraft, vehicles or persons in distress;

 

(B)� By any governmental, law enforcement, civil defense, private land mobile or public safety communications system, including police and fire, readily accessible to the general public;

 

(C)� By a station operating on an authorized frequency within the bands allocated to the amateur, citizens band or general mobile radio services; or

 

(D)� By any marine or aeronautical communications system.

 

(ix)� A person from intercepting any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference;

 

(x)� Other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of the system, if the communication is not scrambled or encrypted; or

 

(xi)� Conduct described in this paragraph unless the conduct is for the purposes of direct or indirect commercial advantage or private financial gain.� Conduct that consists of or relates to the interception of a satellite transmission that is not encrypted or scrambled and that is transmitted:

 

(A)� To a broadcasting station for purposes of retransmission to the general public; or

 

(B)� As an audio subcarrier intended for redistribution to facilities open to the public, but not including data transmissions or telephone calls.

 

(c)� It shall not be unlawful under this act:

 

(i)� To use a pen register or a trap and trace device authorized by article 8 of this chapter; or

 

(ii)� For a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful or abusive use of such service.

 

(d)� Except as provided in subsection (e) of this section, a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication (other than one to such person or entity, or an agent thereof) while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient.

 

(e)� A person or entity providing electronic communication service to the public may divulge the contents of any such communication:

 

(i)� As otherwise authorized in W.S. 7-3-702(b)(i), (ii) or 7-3-706;

 

(ii)� With the lawful consent of the originator or any addressee or intended recipient of such communication;

 

(iii)� To a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or

 

(iv)� Which were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, if such divulgence is made to a law enforcement agency.

 

(f)� Except as otherwise provided in this subsection, any person who violates this section is guilty of a felony punishable� by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than five (5) years, or both. If the intercepted communication is the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless handset and the base unit, a public land mobile radio service communication or a paging service communication, a violation of this section is a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.

 

7-3-703.� Prohibition against manufacture and possession of wire, oral or electronic communication intercepting devices; exceptions; penalties.

 

(a)� Except as provided in subsection (b) of this section, no person shall� intentionally manufacture, assemble, possess, sell or offer for sale any electronic, mechanical or other device,�� knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the surreptitious interception of wire, oral or electronic communications.

 

(b)� Nothing in subsection (a) of this section prohibits an officer, agent, employee of or person under contract with or bidding upon contract with a provider of wire or electronic communication services, the United States, a state or a political subdivision thereof, in the normal course of the activities of the United States, a state or a political subdivision thereof, to send through the mail, send or carry in interstate or foreign commerce, or manufacture, assemble, possess or sell any electronic, mechanical or other device, knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the surreptitious interception of wire, oral or electronic communications.

 

(c)� Nothing in subsection (a) of this section shall prohibit the manufacture, possession or use of an electronic or mechanical device to access a communication system that is configured so that the communication is readily accessible to the public.

 

(d)� Any person who violates this section is guilty of a felony punishable as provided in W.S. 7-3-702(f) for felony violations.

 

7-3-704.� Seizure and forfeiture of wire or oral communication intercepting devices.

 

Any electronic, mechanical or other device manufactured, assembled, used, sold or possessed in violation of this act may be seized by any peace officer upon process issued by any district court or district court commissioner having jurisdiction over the property, or without process if the seizure is incident to an arrest or a search under a search warrant or if the peace officer seizing the device has probable cause to believe the property was used or is intended to be used in violation of this act.� Devices subject to seizure under this act are contraband subject to forfeiture in accordance with law.

 

7-3-705.� Authorization for interception of wire, oral or electronic communications.

 

(a)� The attorney general or the district attorney within whose jurisdiction the order is sought in conjunction with the attorney general, may authorize an application to a judge of competent jurisdiction for an order authorizing the interception of wire, oral or electronic communications by the Wyoming division of criminal investigation, federal criminal law enforcement agency or any law enforcement agency of the state having responsibility for investigation of the offense for which the application is made, if the interception may provide evidence of an attempt to commit, conspiracy to commit, solicitation to commit or the commission of any of the following felony offenses or comparable crimes in any other jurisdiction:

 

(i)� Violations of the Wyoming Controlled Substances Act of 1971;

 

(ii)� Any of the following, if incident to or discovered during investigation of a violation of the Wyoming Controlled Substances Act of 1971:

 

(A)� Murder as defined in W.S. 6-2-101 and 6-2-104;

 

(B)� Kidnapping or related felony offense as defined in W.S. 6-2-201, 6-2-202 and 6-2-204;

 

(C)� First or second degree sexual assault as defined in W.S. 6-2-302 and 6-2-303;

 

(D)� Robbery as defined in W.S. 6-2-401;

 

(E)� Blackmail as defined in W.S. 6-2-402;

 

(F)� Burglary as defined in W.S. 6-3-301; or

 

(G)� Felony larceny or related felony offense defined in W.S. 6-3-401 through 6-3-410.

 

7-3-706.� Authorization for disclosure and use of intercepted communications.

 

(a)� Any peace officer who, by any means authorized by this act, has obtained knowledge of the contents of any wire, oral or electronic communication, or evidence derived therefrom, may disclose such contents to another peace officer to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

 

(b)� Any peace officer who, by any means authorized by this act, has obtained knowledge of the contents of any wire, oral or electronic communication or evidence derived therefrom may use such contents to the extent the use is appropriate to the proper performance of his official duties.

 

(c)� Any person who has received, by any means authorized by this act, any information concerning a wire, oral or electronic communication, or evidence derived therefrom intercepted in accordance with the provisions of this act, may disclose the contents of that communication or the derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of the state or political subdivision thereof.

 

7-3-707.� Procedure for interception of wire, oral or electronic communications.

 

(a)� Each application for an order authorizing the interception of wire, oral or electronic communications shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant's authority under W.S. 7-3-705(a) to make the application.� Each application shall include the following information:

 

(i)� The identity of the peace officer making the application and of the officer authorizing the application;

 

(ii)� A full and complete statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including:

 

(A)� Specific facts concerning the particular offense that is being investigated;

 

(B)� Except as provided in subsection (t) of this section, a particular description of the nature and location of the� facilities from which, or the place where, the communication is to be intercepted;

 

(C)� A particular description of the type of communication sought to be intercepted;

 

(D)� The identity of the person or persons, if known, who are suspected of committing the offense and whose communications are to be intercepted.

 

(iii)� A full and complete statement as to whether or not other investigative procedures have been tried and have failed, or why they reasonably appear to be unlikely to succeed or would be too dangerous;

 

(iv)� A statement of the required duration of the interception.� If the nature of the investigation will require that the interception not automatically terminate when the described type of communication has been first obtained, the application shall state a particular description of facts sufficient to establish probable cause to believe that additional communications of the same type will occur after the initial interception;

 

(v)� A full and complete statement by the applicant concerning all previous applications known to the individual authorizing and making the application to have been made to any judge:

 

(A)� For permission to intercept wire, oral or electronic communications involving any of the same persons, facilities or places specified in the application; and

 

(B)� Action taken by the judge on each previous application.

 

(vi)� If the application is for extension of an order, a complete statement shall be made setting forth the results thus far obtained from the interception or a reasonable explanation of the failure to obtain any results.

 

(b)� The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application.

 

(c)� Upon an application, the judge may issue an ex parte order, as requested or modified, authorizing interception of wire, oral or electronic communications within the territorial jurisdiction of the court in which the judge is sitting, and outside that jurisdiction but within the state of Wyoming in the case of a mobile interception device authorized by a district court within such district, if the judge determines on the basis of the facts submitted by the applicant that:

 

(i)� There is probable cause for belief that the named person is committing or has committed any of the offenses enumerated in W.S. 7-3-705;

 

(ii)� There is probable cause for belief that particular communications concerning those offenses will be intercepted;

 

(iii)� Normal investigative procedures have been tried and have failed, or reasonably appear to be unlikely to succeed or would be too dangerous;

 

(iv)� Except as provided in subsection (u) of this section, there is probable cause for belief that the facilities from which, or the place where, the wire, oral or electronic communications are to be intercepted is or is about to be used in connection with any of the offenses enumerated in W.S. 7-3-705 or is leased to, listed in the name of or used by the person suspected in the commission of any enumerated offense.

 

(d)� Each order authorizing interception of wire, oral or electronic communications shall specify:

 

(i)� The �identity of the person or persons, if known, whose communications are to be intercepted;

 

(ii)� The nature and location of the communications� facilities as to which, or place where the� authority to intercept is granted;

 

(iii)� A particular description of the type of communication sought to be intercepted and a statement of the particular offense or offenses to which it relates;

 

(iv)� The period of time during which an interception is authorized including a statement as to whether or not the interception shall automatically terminate when the described communication is first obtained;

 

(v)� The identity of the agency authorized to intercept the communications and of the person authorizing the application.

 

(e)� No order entered under this section may authorize the interception of any wire, oral or electronic communication for any period longer than is necessary to achieve the objective of the authorization, or in any event no longer than thirty (30) days unless extended under subsection (f) of this section. The thirty (30) day period provided by this subsection begins on the earlier of the day on which the peace officer first begins to conduct an interception under the order or ten (10) days after the order is entered.

 

(f)� Extensions of an order may be granted upon an application for extension made in accordance with subsection (a) of this section and upon the findings required by subsection (c) of this section. The period of the extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in any event no longer than thirty (30) days.

 

(g)� Every order and extension thereof shall contain a provision that the� authorization to intercept shall be executed as soon as practicable, and that the execution of the permission shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this act.� Every order or extension thereof shall also provide that the interception terminate upon attainment of the objective, or in any event in thirty (30) days.

 

(h)� Whenever an order authorizing interception is entered pursuant to this act, the order may require reports to be made to the judge issuing the order, stating the progress which has been made toward achievement of the authorized objective and the need for continued interception. The reports shall be made at intervals as the judge may require.

 

(j)� The contents of any wire, oral or electronic communication intercepted shall, if possible, be recorded on tape, electronic, wire, computer storage media or other comparable device.� The recording shall be performed to protect it from editing or other alterations.� Immediately upon expiration of the period of the order, or extension thereof, the recording shall be submitted to the judge issuing the order and shall be sealed under his directions.� Custody of the recordings shall be wherever the judge orders.� A recording shall not be destroyed except upon an order of the judge, and in any event shall be kept for ten (10) years.� Duplicate recordings may be made for use or disclosure pursuant to the provisions of this section.� The presence of the seal provided for by this subsection, or a satisfactory explanation for its absence, is a prerequisite for the use or disclosure of the contents of any wire or oral communication or evidence derived therefrom.

 

(k)� Applications made and orders granted under this act shall be sealed by the judge. Custody of the sealed applications and orders shall be maintained at the direction of the judge. The applications and orders shall be disclosed only upon a showing of good cause before a judge and shall not be destroyed except upon order of the judge to whom the application was presented, and in any event shall be kept for ten (10) years. Any information obtained pursuant to a court order permitting interception of wire, oral or electronic communications shall not be used, published or divulged except in accordance with the provisions of this act. Any violations of the provisions of this subsection or subsection (j) of this section may be punished as contempt of the issuing or denying judge.

 

(m)� Within a reasonable time, but not later than ninety (90) days after the denial of an application or the termination of the period of an order authorizing interception or extension thereof, the judge shall cause to be served upon each person named in the order or application and any other person the judge determines as in the interest of justice, notice of the following:

 

(i)� That an order or application has been entered under this section;

 

(ii)� The date of the entry and the period of permitted interception or the denial of the application; and

 

(iii)� Whether wire, oral or electronic communications were or were not intercepted.

 

(n)� The judge, upon the filing of a motion, may, in his discretion, make available to the person or his counsel for inspection any portion of the intercepted communications, applications and orders as the judge determines to be in the interest of justice.� On an ex parte showing of good cause to a judge of competent jurisdiction, the service of the matter required by subsection (m) of this section may be postponed.

 

(o)� The contents of any wire, oral or electronic communication intercepted pursuant to this section or evidence derived from that communication shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding unless the party offering the evidence, not less than twenty (20) days before the trial, hearing or proceeding, gives notice to the court or hearing officer and all other parties.� The court may then order disclosure of the court order and accompanying application.� If the order of interception and accompanying application has previously been disclosed, the offering party may furnish all other parties with the order of interception and accompanying application without further order of the court or hearing officer upon proper notice.� This twenty (20) day period may be waived by the court or hearing officer if it finds that it was not possible to furnish the party with the information twenty (20) days before the trial, hearing or proceeding and that no party will be prejudiced by the delay in receiving the information.

 

(p)� The contents of any intercepted wire, oral or electronic communication or evidence derived therefrom shall not be admitted as evidence in any trial, hearing or other proceeding in this state unless the interception was performed in accordance with this act.

 

(q)� No otherwise privileged wire, oral or electronic communication intercepted in accordance with or in violation of this act shall lose its privileged character, unless the communications are in furtherance of a criminal� act in violation of the laws of the United States or this state.

 

(r)� When a peace officer, while engaged in intercepting wire, oral or electronic communications relating to an offense specified in the order permitting interception, intercepts wire, oral or electronic communications relating to an offense other than those specified in the order, the contents thereof, and evidence derived therefrom, may be disclosed or used only if the offense constitutes a felony under the laws of the United States or this state. If the communication concerns an enumerated offense listed in W.S. 7-3-705, the agency executing the order of interception shall apply to the issuing court for an expansion of the order of interception pursuant to paragraph (a)(ii) of this section. The application shall be made as soon as practicable.

 

(s)� In the event an intercepted communication is in a code or a foreign language, and an expert in that code or foreign language is not reasonably available during the interception period, any minimization required under this section shall be accomplished as soon as practicable after the interception.

 

(t)� The requirements of subparagraph (a)(ii)(B) and paragraph (c)(iv) of this section relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if:

 

(i)� In the case of an application with respect to the interception of an oral communication:

 

(A)� The application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and

 

(B)� The judge finds that such specification is not practical.

 

(ii)� In the case of an application with respect to a wire or electronic communication:

 

(A)� The application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person's actions could have the effect of thwarting interception from a specified facility;

 

(B)� The judge finds that such showing has been adequately made; and

 

(C)� The order authorizing the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted.

 

(u)� An interception of a communication under an order with respect to which the requirements of subparagraph (a)(ii)(B) and paragraph (c)(iv) of this section do not apply by reason of paragraph (t)(i) of this section shall not begin until the place where the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in paragraph (t)(ii) of this section may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the prosecuting authority, shall decide such a motion expeditiously.

 

7-3-708.� Order directing others to furnish assistance.

 

An order permitting the interception of a wire, oral or electronic communication shall, upon request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian or other person shall immediately furnish the applicant all information, facilities and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the service provider, landlord, custodian or other person is supplying the person whose communication is to be intercepted.� Any provider of wire or electronic communication service, landlord, custodian or other person furnishing these facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing the facilities or assistance.

 

7-3-709.� Information furnished to attorney general by executing agency; report to legislature.

 

(a)� Upon final execution of an order of interception, the executing agency shall furnish the following information within ten (10) working days to the attorney general:

 

(i)� The fact that an order or extension was applied for, information as to the number of orders, extensions and expansions made by the court including:

 

(A)� Whether or not the order was one with respect to which the requirements of W.S. 7-3-707(a)(ii)(B) and (c)(iv) did not apply by reason of W.S. 7-3-707(t);

 

(B)� The fact that the order or extension was granted as applied for, was modified or was denied;

 

(C)� The period of interceptions authorized by the order, and the number and duration of any extensions of the order; and

 

(D)� The identity of the applying peace officer and agency making the application and the person authorizing the application.

 

(ii)� Each offense specified in the application order or extension of an order;

 

(iii)� The nature of the facilities from which or the place where communications were to be intercepted;

 

(iv)� A general description of the interceptions made under any order or extension, including the approximate nature and frequency of incriminating communications intercepted and approximate nature and frequency of other communications intercepted, the number of persons whose communications were intercepted and the nature, amount and cost of the manpower and other resources used in the interceptions.

 

(b)� The prosecuting authority or investigating law enforcement agency shall report to the attorney general by April 1, for the preceding calendar year in which an order was applied for under this act:

 

(i)� The number of arrests resulting from interceptions made under the order or extension and the offenses for which arrests were made;

 

(ii)� The number of trials resulting from such interceptions;

 

(iii)� The number of motions to suppress made with respect to such interceptions, and the number granted or denied; and

 

(iv)� The number of convictions resulting from such interceptions and the offenses for which the convictions were obtained and a general assessment of the importance of the interceptions.

 

(c)� The attorney general shall report to the joint judiciary interim committee no later than July 1 of each year.� The report shall contain the information required by� subsections (a) and (b) of this section.

 

7-3-710.� Recovery of civil damages for violations; good faith defense.

 

(a)� Subject to W.S. 7-3-702(b)(ii), any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this act may recover damages against any person who intercepts, discloses, uses or procures any other person to intercept, disclose or use the communications as follows:

 

(i)� Actual damages but not less than one thousand dollars ($1,000.00) a day for each day of violation;

 

(ii)� Punitive damages; and

 

(iii)� Reasonable attorney's fees and other litigation costs reasonably incurred.

 

(b)� A good faith reliance on a court order constitutes a complete defense to any civil or criminal action brought under this act.

 

7-3-711.� Exclusivity of provisions.

 

This act shall be the exclusive means by which any interception of wire, oral or electronic communications may be permitted for investigation of the violation of any law, statute or ordinance of the state of Wyoming or any local, municipal or other governmental unit.

 

7-3-712.� Reports by attorney general and state courts.

 

The attorney general and Wyoming courts shall report to the administrative office of the United States courts pursuant to 18 U.S.C. � 2519.

 

ARTICLE 8 - PEN REGISTERS

 

7-3-801.� Definitions.

 

(a)� As used in this act:

 

(i)� "Attorney for the state" means the attorney general or his designee, or district attorney;

 

(ii) �"Court of competent jurisdiction" means a district court;

 

(iii)� "Peace officer" means as defined in W.S. 7-3-701;

 

(iv)� "Pen register" means a device which identifies on hook and off hook conditions and records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached, but the term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business;

 

(v)� "Trap and trace device" means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted;

 

(vi)� "Wire communication", "electronic communication" and "electronic communication service" have the same meanings set forth in W.S. 7-3-701;

 

(vii)� "This act" means W.S. 7-3-801 through 7-3-806.

 

7-3-802.� General prohibition on pen register and trap and trace device use; exception.

 

(a)� Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining a court order under W.S. 7-3-804.

 

(b)� The prohibition of subsection (a) of this section does not apply with respect to the use of a pen register or a trap and trace device by a provider of electronic or wire communication service:

 

(i)� Relating to the operation, maintenance and testing of a wire or electronic communication service or to the protection of the rights or property of such provider, or to the protection of users of that service from abuse of service or unlawful use of service;

 

(ii)� To record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful or abusive use of service; or

 

(iii)� Where the consent of the user of that service has been obtained.

 

(c)� A state or local agency authorized to install and use a pen register under this act shall use technology reasonably available to it that restricts the recording or decoding of electronic or other impulses to the dialing and signaling information utilized in call processing.

 

(d)� Whoever knowingly violates subsection (a) of this section shall be fined not more than one thousand dollars ($1,000.00), imprisoned not more than one (1) year, or both.

 

7-3-803.� Application for an order for a pen register or a trap and trace device.

 

(a)� An attorney for the state may make application for an order or an extension of an order under W.S. 7-3-804 authorizing the installation and use of a pen register or a trap and trace device under this act, in writing under oath or equivalent affirmation, to a court of competent jurisdiction only for investigations of violations of the Wyoming Controlled Substances Act of 1971.

 

(b)� An application under subsection (a) of this section shall include:

 

(i)� The identity of the attorney for the state,� making the application and the identity of the law enforcement agency conducting the investigation; and

 

(ii)� A certification by the applicant that the information likely to be obtained is relevant to an ongoing investigation of a violation of the Wyoming Controlled Substances Act of 1971 being conducted by that agency.

 

7-3-804.� Issuance of an order for a pen register or a trap and trace device.

 

(a)� Upon an application made under W.S. 7-3-803, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the state if the court finds that the attorney for the state has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing investigation of a violation of the Wyoming Controlled Substances Act of 1971.

 

(b)� An order issued under this section:

 

(i)� Shall specify:

 

(A)� The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached;

 

(B)� The identity, if known, of the person who is the subject of the criminal investigation;

 

(C)� The number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and

 

(D)� A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.

 

(ii)� Shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under W.S. 7-3-805.

 

(c)� An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty (60) days.� Extensions of the order may be granted, but only upon an application for an extension meeting the requirements of W.S. 7-3-803 and upon the judicial finding required by subsection (a) of this section. Each period of extension shall be for a period not to exceed sixty (60) days.

 

(d)� An order authorizing the installation and use of a pen register or a trap and trace device shall direct that:

 

(i)� The order be sealed until otherwise ordered by the court; and

 

(ii)� The person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.

 

7-3-805.� Assistance in installation and use of a pen register or a trap and trace device.

 

(a)� Upon the request of an attorney for the state or an officer of a law enforcement agency authorized to install and use a pen register under this act, a provider of wire or electronic communication service, landlord, custodian or other person shall furnish such investigative or peace officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in W.S. 7-3-804(b)(ii).

 

(b)� Upon the request of an attorney for the state or an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this act, a provider of a wire or electronic communication service, landlord, custodian or other person shall install such device forthwith on the appropriate line and shall furnish such investigative or peace officer all additional information, facilities and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in W.S. 7-3-804(b)(ii). Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished, pursuant to W.S. 7-3-804(b), to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.

 

(c)� A provider of a wire or electronic communication service, landlord, custodian or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.

 

(d)� No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents or other specified persons for providing information, facilities or assistance in accordance with the terms of a court order under this act.

 

(e)� A good faith reliance on a court order under this act, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this act or any other law.

 

7-3-806.� Reports concerning pen registers and trap and trace devices.

 

The attorney general shall annually report to the joint judiciary interim committee on the number of pen register orders and orders for trap and trace devices applied for under this act. The report shall be provided no later than July 1 of each year.

 

ARTICLE 9 - LAW ENFORCEMENT INTERSTATE MUTUAL AID

 

7-3-901.� Short title.

 

This act shall be known and may be cited as the "Law Enforcement Interstate Mutual Aid Act."

 

7-3-902.� Definitions.

 

(a)� When used in this act, unless the context requires otherwise, the following definitions apply:

 

(i)� "Law enforcement agency" means a lawfully established federal, state or local public agency that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory or criminal laws;

 

(ii)� "Law enforcement agency of an adjoining state" includes a law enforcement agency of an adjoining state and any political subdivision of that state;

 

(iii)� "Law enforcement employee of an adjoining state" means an employee of a law enforcement agency trained and certified in accordance with the laws of the state or jurisdiction where regularly employed by the United States, an adjoining state or political subdivision;

 

(iv)� "Mutual aid agreement" or "an agreement" means an agreement between two (2) or more law enforcement agencies consistent with the purposes of this act;

 

(v) �"Party law enforcement agency" means a law enforcement agency that is a party to a mutual aid agreement as set forth in this act;

 

(vi)� "Wyoming law enforcement agency" includes a sheriff, municipal, college or university police force, Wyoming highway patrol and the division of criminal investigation;

 

(vii)� "Wyoming law enforcement employee" has the same meaning as "peace officer" as defined in W.S. 7-2-101 but does not include those officers specified in W.S. 7-2-101(a)(iv)(K);

 

(viii)� "This act" means W.S. 7-3-901 through 7-3-910.

 

7-3-903.� Authorization to enter agreement; general content; authority of law enforcement employee.

 

(a)� Any one (1) or more law enforcement agencies of this state may enter into a mutual aid agreement with any one (1) or more law enforcement agencies of an adjoining state or the United States to render assistance in the provision of the law enforcement or emergency services that the requesting party is authorized by law to perform. Except as authorized by W.S. 7-3-904(b), any agreement under this act shall be limited to providing assistance in an emergency or special event as determined by the governor. The governor shall have emergency procedures in place for immediate approval of any mutual aid agreement, which may include oral authorization by the governor, subject to subsequent written agreement as provided by this act. If required by applicable law, the agreement shall be authorized and approved by the governing body of each party to the agreement.

 

(b)� The written agreement shall fully set forth the powers, rights and obligations of the parties to the agreement.

 

(c)� A mutual aid agreement may grant a law enforcement employee or officer of any party law enforcement agency acting within the territorial jurisdiction of any other party law enforcement agency authority to act as if he were a duly appointed and qualified law enforcement employee or officer of the law enforcement agency he is assisting.

 

7-3-904.� Detailed content of agreement.

 

(a)� Any written agreement under this act shall specify the following:

 

(i)� Its duration, which shall be not more than four (4) years;

 

(ii)� The purpose of the agreement;

 

(iii)� The manner of financing the agreement and establishing and maintaining a budget therefor;

 

(iv)� The method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;

 

(v)� Provision for administering the agreement, which may include creation of a joint board responsible for such administration;

 

(vi)� The manner of acquiring, holding and disposing of real and personal property used in the agreement;

 

(vii)� The minimum standards for law enforcement employees implementing the provisions of the agreement;

 

(viii)� The respective liability of each party to the agreement for the actions of law enforcement employees when acting under the provisions of the agreement;

 

(ix)� The minimum insurance, if any, required of each party to the agreement;

 

(x)� The exact chain of command or delegation of authority to be followed by law enforcement employees acting under the provisions of the agreement;

 

(xi)� The enforcement authority that the law enforcement employee of each party law enforcement agency may exercise;

 

(xii)� Provisions for any specific immunities not listed in W.S. 7-3-910 and for defending law enforcement employees in civil litigation;

 

(xiii)� Any other necessary and proper matters.

 

(b)� The agreement may include specified emergency or special events for which the parties to the agreement and the governor concur that law enforcement may respond under the mutual aid agreement without the governor's authorization required under W.S. 7-3-903.

 

7-3-905.� Right of state in actions involving agreements.

 

In any case or controversy involving performance or interpretation of, or liability under, a mutual aid agreement entered into between one (1) or more law enforcement agencies of this state or political subdivisions of this state and one (1) or more law enforcement agencies of an adjoining state or of the United States, the parties to the agreement are the real parties in interest.

 

7-3-906.� Agreement not to relieve agency of duties.

 

No agreement made under this act may relieve any law enforcement agency of this state of any duty imposed upon it by law. Timely performance of such a duty by a joint board or other legal or administrative entity created by a mutual aid agreement may be offered in satisfaction of the duty.

 

7-3-907.� Limitation of powers.

 

Except for the right granted by this act to jointly exercise powers, this act does not authorize any law enforcement agency of this state to exercise any power within this state that it is not otherwise authorized to exercise.

 

7-3-908.� Submission of agreement to attorney general.

 

As a condition precedent to a written agreement becoming effective under this act, the agreement shall be submitted to and receive the approval of the attorney general. Except as provided by W.S. 7-3-903, no agreement shall become effective under this act until signed by the governor.

 

7-3-909.� Filing of agreement.

 

Within twenty (20) days after approval by the attorney general, a written agreement made pursuant to this act shall be filed in the office of the secretary of state.

 

7-3-910.� Immunity.

 

Whenever the employees of a law enforcement agency of an adjoining state are rendering aid pursuant to the request of a Wyoming law enforcement agency under an agreement pursuant to this act, the employees shall have the same powers, duties, rights, privileges and immunities as comparable Wyoming law enforcement employees as provided for in the agreement.

 

CHAPTER 4 - COUNTY CORONERS

 

ARTICLE 1 - IN GENERAL

 

7-4-101.� Election; oath; bond.

 

A coroner shall be elected in each county for a term of four (4) years.� He shall take the oath prescribed by the constitution of the state and give bond to the state of Wyoming, in the penal sum of one thousand dollars ($1,000.00), with sufficient sureties, to be approved by the board of county commissioners, conditioned that he will faithfully perform all duties required by law.

 

7-4-102.� Deputy coroners.

 

The county coroner may appoint deputy coroners, who shall serve in the absence or inability of the coroner and who shall receive compensation as the board of county commissioners determines by resolution.

 

7-4-103.� Certification requirements; penalty; expenses.

 

(a)� After January 5, 1987, no person shall continue in office as county coroner or deputy coroner unless he has been certified under W.S. 9-1-634 as having completed:

 

(i)� Not later than one (1) year after assuming office, a basic coroner course;

 

(ii)� Continuing education requirements promulgated by the board of coroner standards pursuant to W.S. 7-4-211(c)(iii).

 

(b)� Any person who knowingly fails to comply with subsection (a) of this section and continues in office is guilty of a misdemeanor punishable by a fine of twenty-five dollars ($25.00) for each day of noncompliance.

 

(c)� Each coroner or deputy coroner attending approved classes to receive the certification required by subsection (a) of this section shall receive his present salary or per diem in the same manner and amount as state employees, whichever is greater, and shall be reimbursed for his actual travel and other necessary expenses reasonably incurred in obtaining the required training.� The expenses shall be paid by the county in which the coroner or deputy coroner is serving.

 

(d)� After July 1, 2001, no person shall serve as deputy coroner or as an employee of a county coroner who does not meet the employment standards adopted by the board of coroner standards pursuant to W.S. 7-4-211(c)(v).

 

7-4-104.� Definitions.

 

(a)� As used in this chapter:

 

(i)� "Coroner's case" means a case involving a death which was not anticipated and which may involve any of the following conditions:

 

(A)� Violent or criminal action;

 

(B)� Apparent suicide;

 

(C)� Accident;

 

(D)� Apparent drug or chemical overdose or toxicity;

 

(E)� The deceased was unattended by a physician or other licensed health care provider;

 

(F)� Apparent child abuse causes;

 

(G)� The deceased was a prisoner, trustee, inmate or patient of any county or state corrections facility or state hospital, whether or not the death is unanticipated;

 

(H)� If the cause is unknown or cannot be certified by a physician;

 

(J)� A public health hazard is presented; or

 

(K)� The identity of the victim is unknown or the body is unclaimed.

 

(ii)� "Coroner's office" means all personnel appointed and elected to the office of coroner, including the county coroner, deputies and assistants;

 

(iii)� "County coroner" means the elected or appointed officer of the county whose task is to investigate� the cause of death in a coroner's case;

 

(iv)� "Anticipated death" means the death of an individual who had been diagnosed by a physician acting within the scope of his license as being afflicted with an illness or disease reasonably likely to result in death, and there is no cause to believe the death occurred for any reasons other than those associated with the illness or disease;

 

(v)� "Unattended" means the deceased had not been under the care of a physician or other health care provider acting within the scope of his license within sixty (60) days immediately prior to the date of death.

 

7-4-105.� Confidentiality of reports, photos and recordings; exceptions; penalties.

 

(a)� After viewing the body and completing his investigation, the coroner shall draw up and sign his verdict on the death under consideration.� The coroner shall also make a written docket giving an accurate description of the deceased person, his name if it can be determined, cause and manner of death, including relevant toxicological factors, age of decedent, date and time of death and the description of money and other property found with the body.� The verdict and written docket are public records and may be viewed or obtained by request to the coroner, pursuant to W.S. 16-4-202.

 

(b)� Except as provided in subsections (c), (d), (e), (g) and (o) of this section a toxicology report, a photograph, video recording or audio recording made at the scene of the death or made in the course of a postmortem examination or autopsy made or caused by a coroner shall be confidential and are not public records.

 

(c)� A surviving spouse, surviving parent, an adult child, personal representative, legal representative, or a legal guardian may:

 

(i)� View and copy a toxicology report, a photograph or video recording made at the scene of the death or made in the course of a postmortem examination or autopsy made by or caused by a coroner; and

 

(ii)� Listen to and copy an audio recording made at the scene of the death or made in the course of a postmortem examination or autopsy made by or caused by a coroner.

 

(d)� Upon making a written request, a law enforcement entity of the state of Wyoming or United States government, a district attorney, the United States attorney for the district of Wyoming, a county, state or federal public health agency, a board licensing health care professionals under title 33 of the Wyoming statutes, the division responsible for administering the Wyoming Workers' Compensation Act, the state occupational epidemiologist, the department and the division responsible for administering the Wyoming Occupational Health and Safety Act, the office of the inspector of mines, insurance companies with legitimate interest in the death, all parties in civil litigation proceedings with legitimate interest in the death or a treating physician, while in performance of his official duty may:

 

(i)� View and copy a toxicology report, photograph or video recording made at the scene of the death or made in the course of a postmortem examination or autopsy made by or caused by a coroner; and

 

(ii)� Listen to and copy an audio recording made at the scene of the death or made in the course of a postmortem examination or autopsy made by or caused by a coroner.

 

(e)� Unless otherwise required in the performance of official duties, the identity of the deceased shall remain confidential in any record obtained under subsection (d) of this section.

 

(f)� The coroner having custody of a toxicology report, a photograph, a video recording or an audio recording made at any scene of the death or made in the course of a postmortem examination or autopsy may allow the use for case consultation with an appropriate expert.� The coroner may also allow the use of a toxicology report, a photograph, a video recording or an audio recording made at the scene of the death or made in the course of a postmortem examination or autopsy by legitimate scientific research organizations or for training purposes provided the identity of the decedent is not published or otherwise made public.

 

(g)� A court upon showing of good cause, may issue an order authorizing a person to:

 

(i)� View or copy a toxicology report, photograph or video recording made at the scene of the death or made in the course of a postmortem examination or autopsy made or caused by a coroner; and

 

(ii)� Listen to and copy an audio recording made at the scene of the death or made in the course of a postmortem examination or autopsy made or caused by a coroner.

 

(h)� In determining good cause under subsection (g) of this section, the court shall consider:

 

(i)� Whether the disclosure is necessary for the public evaluation of governmental performance;

 

(ii)� The seriousness of the intrusion into the family's privacy;

 

(iii)� Whether the disclosure of the toxicology report, photograph, video recording or audio recording is by the least intrusive means available; and

 

(iv)� The availability of similar information in other public records regardless of form.

 

(j)� A surviving spouse shall be given reasonable notice and a copy of any petition filed with the court under subsection (g) of this section and reasonable opportunity to be present and be heard on the matter.� If there is no surviving spouse, the notice of the petition being filed and the opportunity to be heard shall be given to the deceased's parents and if the deceased has no living parent, the notice of the petition being filed and the opportunity to be heard shall be given to the adult children of the deceased or legal guardian, personal representative or legal representative of the children of the deceased.

 

(k)� A coroner or coroner's designee that knowingly violates this section shall be guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than one thousand dollars ($1,000.00), or both.

 

(m)� A person who knowingly or purposefully uses the information in a manner other than the specified purpose for which it was released or violates a court order issued under subsection (g) of this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than one thousand dollars ($1,000.00), or both.

 

(n)� In all cases, the viewing, copying, listening to, or other handling of a toxicology report, photograph, video recording, or audio recording made at a scene of the death or made in the course of a postmortem examination or autopsy made or caused by a coroner shall be under the direct supervision of the coroner, or the coroner's designee, who is the custodian of the record.

 

(o)� In the event that the coroner, or the coroner's designee, determines that a person's death was caused by an infectious disease, biological toxin or any other cause which may constitute a public health emergency as defined in W.S. 35-4-115(a)(i), the coroner shall release to the state health officer or his designee all information and records required under W.S. 35-4-107.� If the state health official or his designee determines upon an examination of the results of the autopsy and the toxicology report that a public health emergency may in fact exist, he shall release the appropriate information to the general public as provided by department of health rules and regulations.

 

ARTICLE 2 - INQUESTS

 

7-4-201.� Reports of death; investigation; summoning of jurors; fees and costs; inspection of medical records.

 

 

(a)� When any person is found dead and the death appears to have occurred under circumstances indicating the death is a coroner's case, the person who discovers the death shall report it immediately to law enforcement authorities who shall in turn notify the coroner.� A person who knowingly violates this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

 

(b)� When the coroner is notified that the dead body of any person has been found within the limits of the county or that the death resulted from injury sustained within the county and he suspects that the death is a coroner's case, he shall conduct an investigation which may include:

 

(i)� An examination of the body and an investigation into the medical history of the case;

 

(ii)� The appointment of a qualified physician to assist in determining the cause of death;

 

(iii)� An autopsy if the physician appointed to assist the coroner under this subsection determines an autopsy is necessary;

 

(iv)� An inquest; or

 

(v)� Any other reasonable procedure which may be necessary to determine the cause of death.

 

(c)� If the coroner determines to hold an inquest he shall summon three (3) citizens of the county to appear before him to act as jurors at the time and place named. The jurors shall receive the same fee paid jurors in district court as provided in W.S. 1-11-303 and per diem and travel expenses in the same manner as state employees. The coroner may furnish transportation for the jury and witnesses to and from the place of inquest and for the removal of the dead body.

 

(d)� If a coroner determines the injuries which caused the person's death were received in a county other than that in which the body was found, he shall transfer authority for the investigation and inquest to the coroner for that county.

 

(e)� The expense and costs of conducting the investigation or holding the inquest shall be paid by the county in which the injuries were received.� The accounts of the claimants shall be attested by the coroner or acting coroner, and shall be presented in duplicate to the board of county commissioners of the proper county.� If the board of county commissioners finds that the inquest was necessary and in accordance with law, and the accounts are correct and just, the accounts shall be paid in warrants properly drawn upon the order of the county commissioners.

 

(f)� Notwithstanding any other provision of law to the contrary, the coroner may inspect medical and psychological data relating to the person whose death is being investigated if the coroner determines the information is relevant and necessary to the investigation.

 

7-4-202.� Impaneling of bystanders as jurors; oath.

 

If any juror fails to appear, the coroner shall immediately summon the proper number from the bystanders and proceed to� impanel them. He shall administer the following oath: "You do solemnly swear (or affirm) that you will diligently inquire and truly present if known or determinable, the time and date of death, and by what means and manner the death of (NAME OF DECEASED) was caused, according to your knowledge and the evidence given you, so help you God."

 

7-4-203.� Issuance of subpoenas; witness fees; enforcement of attendance.

 

The coroner may issue subpoenas and compel the attendance of witnesses to testify at the inquest. Witnesses shall be allowed the same fees as in cases before a circuit court, and the coroner shall have the same authority to enforce the attendance of witnesses and to punish for contempt as provided by W.S. 1-21-901 through 1-21-909.

 

7-4-204.� Oath of witness;� recording of testimony; compensation of reporter.

 

An oath shall be administered to each witness as follows: "You do solemnly swear (or affirm) that the testimony� which you shall give to this inquest concerning the death of the person about whom this inquest is being held, shall be the truth, the whole truth and nothing but the truth, so help you God." The coroner shall insure that all testimony in an inquest shall be recorded. The compensation of the court reporter or of the person transcribing the audio tape shall be as prescribed by the board of county commissioners. Unless specifically requested by the coroner or prosecuting attorney, audio tapes need not be transcribed.

 

7-4-205.� Return of inquisition by jury.

 

After hearing testimony and making necessary inquiries, the jurors shall return to the coroner their signed inquisition� stating the name of the person and when, how and by what means, if known, he came to his death.

 

7-4-206.� Coroner's return to court.

 

The coroner shall return to the district court the inquisition, the written evidence and a list of witnesses providing material testimony.

 

7-4-207.� Disposition of body and effects of deceased.

 

 

(a)� When the coroner investigates the death of a person whose body is not claimed by a friend or relative within five (5) days of the date of discovery and whose death does not require further investigation, he shall� cause the body to be decently buried.� The expense of the burial shall be paid from any property found with the body.� If no property is found, the expense of the burial shall be paid by the county in which the investigation occurs.

 

(b)� The coroner shall within a reasonable time after completing the investigation, turn over to the appointed personal representative of the estate of the deceased or, if none, to the clerk of the district court of the county, all money or other property found upon the body of the deceased. Personal items valued at less than fifty dollars ($50.00) and items necessary for the convenience of the deceased's next of kin may be released to the deceased's next of kin.

 

7-4-208.� Authority of sheriff to perform duties of coroner.

 

If there is no coroner, deputy coroner or in case of their absence, or inability to act, the county sheriff of the same county, the state health officer pursuant to W.S. 35-1-241, or the coroner of another county if there is a joint powers agreement pursuant to W.S. 16-1-102 through 16-1-108 between the counties authorizing the coroner to so act, is authorized to perform the duties of coroner in relation to dead bodies.

 

7-4-209.� Postmortem examination; liability limitation.

 

 

(a)� When an inquisition is being held, if the coroner or the jury shall deem it requisite, he may summon one (1) or more physicians or surgeons, to make an autopsy or postmortem examination.

 

(b)� If it is necessary to obtain or preserve evidence of the cause of death, the district attorney may order that a qualified physician perform an autopsy or postmortem examination of the body of any person who appears to have died by unlawful means, by violence, or when the cause of death is unknown.

 

(c)� No person is subject to civil liability solely because he requested or was involved in the performing of an autopsy that was ordered by a coroner or district attorney.

 

7-4-210.� Fees and mileage; salary.

 

(a)� The coroner or deputy coroner of each county within this state shall receive� fees and mileage, if any, as set by the board of county commissioners.

 

(b)� The board of county commissioners shall set the salary of the coroner and deputy coroner.� A coroner or deputy coroner shall not be prohibited from receiving other fees for their services unrelated to their official duties as coroner or deputy coroner.

 

7-4-211.� Board of coroner standards.

 

(a)� There is created a board of coroner standards. The board shall consist of one (1) chairman and six (6) members appointed by and who shall serve at the pleasure of the governor as follows:

 

(i)� One (1) shall be a physician with a specialty in pathology who is licensed to practice in this state;

 

(ii)� Three (3) shall be duly elected coroners in this state;

 

(iii)� One (1) shall be a funeral director in this state;

 

(iv)� One (1) shall be a duly elected district attorney in this state;

 

(v)� One (1) shall be a peace officer certified under W.S. 9-1-701 through 9-1-711.

 

(b)� The members of the board shall be appointed to terms of four (4) years which are concurrent with the terms of the office of coroner. Board members not otherwise compensated for attending board meetings shall receive travel expenses and per diem in the same manner and amount as state employees, and any other reasonable expenses upon board approval.� Board members not otherwise compensated shall have their expenses paid from the general fund by appropriation to the office of the attorney general.

 

(c)� The board shall:

 

(i)� Meet at least biannually and at the call of the chairman or of a majority of the membership;

 

(ii)� Promulgate standards dealing with the investigation of coroner's cases;

 

(iii)� Promulgate educational and training requirements for coroner basic and continuing education requirements and review those requirements annually;

 

(iv)� Cooperate with the peace officer standards and training commission in developing basic and continuing education courses for coroners;

 

(v)� Promulgate employment standards for deputy coroners and coroner employees. The standards may include the requirement that deputy coroners and coroner employees provide to the employing coroner fingerprints and other information necessary for a state and national criminal history record background check and release of information as provided in W.S. 7-19-106(k)(ii) and federal P.L. 92-544 and consent to the release of any criminal history information to the employing coroner.

 

(d)� The peace officer standards and training commission shall cooperate with the board of coroner standards in establishing course requirements and continuing education requirements required by law.

 

(e)� The board shall contact the district attorney for the county or the attorney general to initiate an action and may serve as complaining party in an action under W.S. 7-4-103(b) or 18-3-902 to remove any coroner who is not in compliance with W.S. 7-4-103.

 

CHAPTER 5 - GRAND JURY

 

ARTICLE 1 - IN GENERAL

 

7-5-101.� Required court order for summoning.

 

A grand jury shall be summoned only when ordered by a judge of the district court.

 

7-5-102.� Manner of summoning; term.

 

A grand jury shall be drawn, summoned and impaneled in the same manner as trial juries in civil actions and shall serve for one (1) year following selection unless discharged sooner by the district judge.

 

7-5-103.� Composition; qualifications; alternates.

 

 

(a)� A grand jury shall consist of twelve (12) persons who shall possess the qualifications of trial jurors as provided by W.S. 1-11-101.

 

(b)� The district judge may direct the selection of one (1) or more alternate jurors who shall sit as regular jurors before an indictment is found. If a member of the grand jury becomes unable or disqualified to perform his duty he shall be replaced by an alternate juror.

 

7-5-104.� Finding of indictment.

 

 

(a)� No indictment shall be found unless the finding is concurred in by at least nine (9) members of the grand jury.

 

(b)� Not less than nine (9) jurors may act as the grand jury in which event it is required that all of them concur in finding an indictment.

 

(c)� If an indictment is found as provided by this section the foreman of the grand jury shall endorse upon the indictment the words "A True Bill" and shall sign the indictment.

 

ARTICLE 2 - PROCEEDINGS

 

7-5-201.� Appointment of foreman; oath of jurors.

 

 

(a)� The district judge shall appoint one (1) of the jurors to be foreman. The foreman is authorized to administer oaths to witnesses and shall sign indictments as provided by W.S. 7-5-104.

 

(b)� Before entering upon their duties, an oath or affirmation shall be administered to the foreman and each of the jurors providing, in substance, that each of them will:

 

(i)� Diligently inquire into all matters coming before them;

 

(ii)� Find and present indictments truthfully and without malice, fear of reprisal or hope of reward; and

 

(iii)� Keep secret matters occurring before the grand jury unless disclosure is directed or permitted by the court.

 

7-5-202.� Charging of duties; powers.

 

 

(a)� After the grand jury is impaneled and sworn, the district judge shall charge the jurors as to their duties particularly to the obligation of secrecy which their oaths impose, and give them any information the court deems proper concerning any offenses known to the court and likely to come before the grand jury.

 

(b)� The grand jury may:

 

(i)� Inquire into any crimes committed or triable within the county and present them to the court by indictment; and

 

(ii)� Investigate and report to the court concerning the condition of the county jail and the treatment of prisoners.

 

7-5-203.� Right of district attorney to appear before jury; presence of other persons during deliberations.

 

 

(a)� The district attorney, or the deputy or assistant district attorney may appear before the grand jury for the purpose of:

 

(i)� Giving information relative to any matter under inquiry;

 

(ii)� Giving requested advice upon any legal matter; and

 

(iii)� Interrogating witnesses.

 

(b)� No person other than the grand jurors shall be present during the deliberations of the grand jury or when the jurors are voting.

 

7-5-204.� Process for witnesses.

 

If requested by the grand jury or the district attorney, the clerk of the court in which the jury is impaneled shall issue subpoenas for the attendance of witnesses to testify before the grand jury.

 

7-5-205.� Administration of oath or affirmation to witnesses.

 

Before any witness is examined by the grand jury, an oath or affirmation shall be administered to him by the foreman.

 

7-5-206.� Proceedings upon refusal of witness to testify.

 

If a witness appearing� before a grand jury refuses, without just cause shown, to testify or provide other information, the district attorney may take the witness before the court for an order directing the witness to show cause why the witness should not be held in contempt. If after hearing the court finds that the refusal was without just cause, and if the witness continues to refuse to testify or produce evidence, the court may hold the witness in contempt subject to the punishment provided by W.S. 1-12-108(a)(ii).

 

7-5-207.� Secrecy of indictments against persons not under control.

 

The district judge may direct that an indictment shall be kept secret until the defendant is in custody or has given bail, and in that event the clerk shall seal the indictment and no person shall disclose the finding of the indictment except when necessary for the issuance and execution of a warrant or summons.

 

7-5-208.� Confidentiality.

 

 

(a)� Disclosure of matters occurring before the grand jury, other than its deliberations and the vote of any juror, may be made to the district attorney for use in the performance of his duties. The district attorney may disclose so much of the grand jury's proceeding to law enforcement agencies as he deems essential to the public interest and effective law enforcement.

 

(b)� Except as provided in subsection (a) of this section, a juror, attorney, interpreter, stenographer, operator of a recording device or any typist who transcribes recorded testimony may disclose matters occurring before the grand jury only when so directed by the court preliminarily to or in connection with a judicial proceeding or when permitted by the court at the request of the defendant upon a showing that a particularized need exists for a motion to dismiss the indictment because of matters occurring before the grand jury.

 

(c)� No obligation of secrecy may be imposed upon any person except in accordance with this section and W.S. 7-5-207.

 

7-5-209.� Presentation and filing of indictment.

 

Indictments found by the grand jury shall be presented by the foreman to the court in the presence of the jury and filed with the clerk.

 

ARTICLE 3 - STATE GRAND JURY

 

7-5-301.� Petition for impaneling; determination by district judge.

 

If the attorney general or the governor deems it to be in the public interest to convene a grand jury which shall have jurisdiction extending beyond the boundaries of any single county, he may petition the judge of any district court for an order in accordance with the provisions of W.S. 7-5-301 through 7-5-309. The district judge may, for good cause shown, order the impaneling of a state grand jury which shall have statewide jurisdiction. In making his determination as to the need for impaneling a state grand jury, the judge shall require a showing that the matter cannot be effectively handled by a county grand jury impaneled pursuant to W.S. 7-5-101 through 7-5-209.

 

7-5-302.� Powers and duties; applicable law; procedural rules.

 

A state grand jury shall have the same powers and duties and shall function in the same manner as a county grand jury, except for the provisions of W.S. 7-5-202(b)(ii), and except that its jurisdiction shall extend throughout the state. The law applicable to county grand juries shall apply to state grand juries except when the law is inconsistent with the provisions of W.S. 7-5-301 through 7-5-309. The supreme court may promulgate any rules it deems necessary to govern the procedures of state grand juries.

 

7-5-303.� Selection and term of members.

 

The clerk of the district court in each county of the state, upon receipt of an order of the district judge of the court granting a petition to impanel a state grand jury, shall prepare a list of fifteen (15) prospective state grand jurors drawn from existing jury lists of the county. The list so prepared shall be immediately sent to the clerk of the court granting the petition to impanel the state grand jury. The district judge granting the order shall impanel the state grand jury from the lists compiled by the clerks of court. The judge preparing the final list from which the grand jurors will be chosen need not include the names of jurors from every county within the state having due regard for the expense and inconvenience of travel. A state grand jury shall be composed of twelve (12) persons, but not more than one-half (1/2) of the members of the state grand jury shall be residents of any one (1) county. The members of the state grand jury shall be selected by the court in the same manner as jurors of county grand juries and shall serve for one (1) year following selection unless discharged sooner by the district judge.

 

7-5-304.� Summoning of jurors.

 

Jurors shall be summoned and selected in the same manner as jurors of county grand juries.

 

7-5-305.� Judicial supervision.

 

Judicial supervision of the state grand jury shall be maintained by the district judge who issued the order impaneling the grand jury, and all indictments, reports and other formal returns of any kind made by the grand jury shall be returned to that judge.

 

7-5-306.� Presentation of evidence.

 

The presentation of the evidence shall be made to the state grand jury by the attorney general or his designee. In the event the office of the attorney general is under investigation, the presentation of evidence shall be made to the state grand jury by an attorney appointed by the Wyoming supreme court.

 

7-5-307.� Return of indictment; designation of venue; consolidation of indictments.

 

Any indictment by the state grand jury shall be returned to the district judge without any designation of venue. Thereupon, the judge shall, by order, designate the county of venue for the purpose of trial. The judge may order the consolidation of an indictment returned by a county grand jury with an indictment returned by a state grand jury and fix venue for trial.

 

7-5-308.� Investigative powers; secrecy of proceedings.

 

 

(a)� In addition to its powers of indictment, a statewide grand jury impaneled under W.S. 7-5-301 through 7-5-309 may, at the request of the attorney general, cause an investigation to be made into the extent of organized criminal activity within the state and return a report to the attorney general.

 

(b)� Disclosure of matters occurring before the grand jury, other than its deliberations and the vote of any juror, may be made to the attorney general and to any district attorney for use in the performance of their duties. Those officials may disclose so much of the grand jury's proceedings to law enforcement agencies as they deem essential to the public interest and effective law enforcement.

 

(c)� Except as provided in subsection (b) of this section, a juror, attorney, interpreter, stenographer, operator of a recording device or any typist who transcribes recorded testimony may disclose matters occurring before the grand jury only when so directed by the court preliminarily to or in connection with a judicial proceeding or when permitted by the court at the request of the defendant upon a showing that a particularized need exists for a motion to dismiss the indictment because of matters occurring before the grand jury.

 

(d)� No obligation of secrecy may be imposed upon any person except in accordance with this section. The court may direct that an indictment shall be kept secret until the defendant is in custody or has given bail, and in that event, the clerk shall seal the indictment and no person shall disclose the finding of the indictment except when necessary for the issuance and execution of a warrant or summons.

 

7-5-309.� Costs and expenses.

 

The costs and expenses incurred in impaneling a state grand jury and in the performance of its functions and duties shall be paid by the state out of funds appropriated to the attorney general for that purpose.

 

CHAPTER 6 - PUBLIC DEFENDER

 

7-6-101.� Short title.

 

This act shall be known and may be cited as the "Public Defender Act".

 

7-6-102.� Definitions.

 

(a)� As used in this act:

 

(i)� Repealed by Laws 1989, ch. 121, � 2.

 

(ii)� Repealed by Laws 1989, ch. 121, � 2.

 

(iii)� "Expenses", when used with reference to representation under this act, include the expenses of investigation, other preparation and trial;

 

(iv)� "Needy person" means a person who at the time his need is determined is unable to provide for the full payment of an attorney and all other necessary expenses of representation;

 

(v)� "Serious crime" means:

 

(A)� Any felony or misdemeanor under the laws of the state of Wyoming for which incarceration as a punishment is a practical possibility, provided, however, that counsel need not be appointed for a misdemeanor if the judge, at the initial appearance, determines and states on the record that he will not sentence the defendant to any period of imprisonment if the defendant is convicted of the misdemeanor; and

 

(B)� Any misdemeanor offense charged under W.S. 6-2-501, or any other provision, a conviction of which is a "misdemeanor crime of domestic violence" as defined in 18 U.S.C. � 921(a)(33), and which may therefore result in the disqualification of the person to possess firearms pursuant to the provisions of 18 U.S.C. �� 922(g)(9) and 924(a)(2), regardless of the determination of the judge that he intends not to impose a term of incarceration for the state offense.

 

(vi)� "This act" means W.S. 7-6-101 through 7-6-114.

 

7-6-103.� Creation of office of state public defender; appointment of state public defender and assistants; duties; removal.

 

(a)� There is created the office of the state public defender. The office of the state public defender shall be deemed a state agency for budgeting purposes pursuant to W.S. 9-2-1001 through 9-2-1026.

 

(b)� The state public defender shall be appointed by and shall serve at the pleasure of the governor.

 

(c)� The state public defender shall:

 

(i)� Be a member in good standing of the Wyoming state bar;

 

(ii)� Have had experience in defense or prosecution of persons accused of crime in this state;

 

(iii)� Be compensated as determined by the Wyoming personnel division;

 

(iv)� Devote full time to the performance of his duties;

 

(v)� Administer the public defender program of the state;

 

(vi)� Promulgate rules and regulations establishing a standard fee schedule for services provided by attorneys appointed pursuant to W.S. 7-6-109; and

 

(vii)� On or before June 8, 1989, promulgate rules and regulations in cooperation with the supreme court of Wyoming establishing standards for determining who is a needy person as defined by W.S. 7-6-102(a)(iv). The standards shall require the person to file with the court a written affidavit under oath stating his financial assets and liabilities.

 

(d)� The state public defender shall not engage in private practice except to complete business pending at the time of his appointment.

 

(e)� Any assistant public defender may serve in another judicial district on a case by case basis at the request of the state public defender.

 

(f)� The governor may appoint full or part-time assistant public defenders in each judicial district with the advice of the state public defender, the district judge of the district and the boards of county commissioners in the district. In appointing assistant public defenders the governor shall consider the recommendations submitted to him, the demand for legal services, the criminal case load statistics, the population, the geographical characteristics and any other relevant factors.

 

(g)� Each assistant public defender shall:

 

(i)� Serve at the pleasure of the state public defender;

 

(ii)� Be a member in good standing of the Wyoming state bar.� The governor may remove any assistant public defender as provided in W.S. 9-1-202;

 

(iii)� Be compensated as determined by the Wyoming personnel division, or by the state public defender if appointed under a purchase order contract; and

 

(iv)� Devote full time to the performance of his duties when directed by the state public defender.

 

(h)� A full time assistant public defender shall not engage in private practice except to complete business pending at the time of his appointment.

 

(j)� The state public defender may act as his own attorney or may be represented by the attorney general in any actions, suits or claims in which the office of the state public defender or the state public defender himself is a party.

 

(k)� Notwithstanding any other provision of law to the contrary, any attorney providing services for the office of the state public defender in the defense of a criminal case shall, for matters arising out of such services, be considered a state employee for purposes of coverage and representation under the Wyoming Governmental Claims Act, W.S. 1-39-101 through 1-39-121, and the state self-insurance program, W.S. 1-41-101 through 1-41-111.

 

7-6-104.� Representation of needy persons.

 

(a)� The public defender shall represent as counsel any needy person who is under arrest for or formally charged with having committed a serious crime if:

 

(i)� The defendant requests counsel; or

 

(ii)� The court, on its own motion or otherwise, orders appointment of counsel and the defendant does not affirmatively waive or reject, on the record, the opportunity to be represented by legal counsel in the proceeding.

 

(b)� Appointed counsel, services and facilities necessary for representation, and court costs shall be provided at public expense to the extent that the person, at the time the court determines need, is unable to provide for their payment.

 

(c)� A needy person who is entitled to be represented by an attorney under subsection (a) of this section is entitled:

 

(i)� To be represented by the public defender in a proceeding for revocation of probation when it is determined by the court to be statutorily or constitutionally required;

 

(ii)� To be represented in any appeal to a Wyoming court, and in cases in which the death penalty has been imposed or in such other cases as the state public defender deems appropriate, in a writ of certiorari to the United States supreme court, and in proceedings under W.S. 7-14-101 through 7-14-108;

 

(iii)� Repealed by Laws 1989, ch. 121, � 2.

 

(iv)� Repealed By Laws 1999, ch. 95, � 2.

 

(v)� To be represented by the public defender when requested by a fugitive in a proceeding for extradition for the limited purpose provided in W.S. 7-3-210;

 

(vi)� To be represented by counsel at every stage of the proceedings, from the time of the initial appointment by the court until the entry of final judgment, at which time the representation shall end, unless the court appoints counsel for purposes of appeal, correction or modification of sentence;

 

(vii)� To be represented by the public defender in a motion brought in accordance with the provisions of the Post-Conviction DNA Testing Act.

 

(d)� A needy person's right to a benefit under subsection (a) or (c) of this section is not affected by his having provided a similar benefit at his own expense, or by his having waived it, at an earlier stage.

 

7-6-105.� Advisement of rights; appointment of attorney.

 

 

(a)� A needy person who is being interrogated by law enforcement personnel for a serious crime, or who is a probationer or parolee, shall be informed of his right to be represented by an attorney at public expense. If the person being interrogated does not have an attorney and wishes to have the services of an attorney, he shall be provided the opportunity to contact the nearest public defender.

 

(b)� At the person's initial appearance the court shall advise any defendant who is a needy person of his right to be represented by an attorney at public expense.� The court shall further explain to the needy person the possibility that he may be ordered to reimburse the state for the costs associated with his legal representation. If the person charged does not have an attorney and wishes one, the court shall notify an available public defender for the judicial district or shall appoint an attorney to represent the needy person if no public defender is available.

 

7-6-106.� Determination of need; reimbursement for services.

 

(a)� The determination of whether a person covered by W.S. 7-6-104 is a needy person shall be deferred until his first appearance in court or in a suit for payment or reimbursement under W.S. 7-6-108, whichever occurs earlier. Thereafter, the court shall determine, with respect to each proceeding, whether he is a needy person.� For purposes of this section, an appeal, probation revocation or proceeding to correct or modify a sentence is a separate proceeding.� The determination of need shall be based on a separate application submitted at the time of each proceeding.

 

(b)� In determining whether a person is a needy person and in determining the extent of his inability to pay, and, in the case of an unemancipated minor, the inability to pay of his custodial parent or another person who has a legal obligation of support, the court shall consider the standards promulgated pursuant to W.S. 7-6-103(c)(vii). Release on bail does not necessarily prevent a person from being determined to be needy. In each case the person, subject to the penalties for perjury, shall certify in writing, or by other record, the material factors relating to his ability to pay as the court prescribes.

 

(c)� In every case in which a person has received services under W.S. 7-6-104, the presiding judge shall determine whether the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, is able to provide any funds towards payment of part or all of the cost associated with such services.� If the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, is not able to provide any funds towards payment of costs, the court shall enter a specific finding on the record.� If the court determines the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, is able to provide any amount as reimbursement, the court shall order the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, to reimburse the state for all or part of the costs of the services provided or shall state on the record the reasons why an order for reimbursement was not entered. Where a person is initially provided with counsel pursuant to W.S. 7-6-105(a), but subsequently retains private counsel, the court may order the person to reimburse the state for the services already provided. All reimbursements under this act shall be made through the clerk of court.

 

(d)� The state public defender shall report in the agency's annual report concerning:

 

(i)� The number of cases by court in which an attorney was appointed to represent a person at public expense under this act during the preceding calendar quarter; and

 

(ii)� For each case in which an attorney was appointed, whether the court ordered reimbursement under this section or, if reimbursement was not ordered, whether the court complied with subsection (c) of this section.

 

(e)� If the court orders release on bail pending trial or appeal, probation before sentence, suspended sentence or probation, the court shall order the needy person as a condition of bail, sentence or probation to repay the state for expenses and services provided by appointed attorneys pursuant to the state public defender's standard fee schedule if the court determines the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay.

 

7-6-107.� Waiver of rights.

 

A person who has been advised of his rights under W.S. 7-6-105 may waive any right provided by this act if at the time of or after waiver, the court finds that the person has acted with full awareness of his rights and of the consequences of a waiver and if the waiver is otherwise made according to law. Before making its findings, the court shall consider such factors as the person's age, education, familiarity with the English language and the complexity of the crime involved.� A person who knowingly and voluntarily waives his right to counsel and who elects to represent himself shall not be entitled to standby counsel under this act.

 

7-6-108.� Recovery of payment.

 

(a)� Within six (6) years after the date the services were rendered, the attorney general may sue on behalf of the state to recover payment or reimbursement from each person who has received legal assistance or other benefits under this act or, in the case of an unemancipated minor, from his custodial parent or any other person who has a legal obligation of support.

 

(b)� Amounts recovered under this act shall be paid into the state general fund.

 

7-6-109.� Appointment of outside attorney.

 

(a)� Nothing in this act shall prevent a court on its own motion or upon application by the state public defender or by the individual defendant, from appointing an attorney other than the public defender to represent the defendant or to assist in the representation of the defendant at any stage of the proceedings or on appeal.

 

(b)� If a court assigns an attorney to represent a needy person, it may recommend a reasonable rate of compensation for his services and shall determine the direct expenses for which he should be reimbursed. The state public defender shall consider the court's recommendation and the customary compensation as prescribed by the standard fee schedule promulgated pursuant to W.S. 7-6-103(c)(vi), and shall pay the appointed attorney for his services when the� case for which he was appointed is concluded.

 

(c)� An attorney appointed under subsection (b) of this section shall be compensated for his services with regard to the complexity of the issues, the time involved, prevailing local fees of attorneys, the amount reasonably necessary to provide a defense as is required by constitutional process and other relevant considerations as determined by the court.

 

(d)� If a defendant initially retains counsel and then requests the provision of counsel or any other defense services, including but not limited to mental evaluations, expert witnesses and witness travel expenses, the court shall make a determination whether the defendant is a "needy person" under this act, subject to the following:

 

(i)� The procedures set forth in W.S. 7-6-106 shall be followed;

 

(ii)� The court shall make the findings required by W.S. 7-6-106 and rule 44 of the Wyoming Rules of Criminal Procedure;

 

(iii)� The defendant shall complete an affidavit or otherwise disclose on the record his entire financial situation, including the amount he has already paid to retain defense counsel, the source of those funds and whether additional funds are available to him through any means;

 

(iv)� The defendant shall disclose the disposition of any retainer and any amounts remaining; and

 

(v)� The state public defender shall be served by the defendant's retained counsel with a copy of any such request and shall be heard by the court prior to any decision on the request.

 

7-6-110.� Use of state or private facilities.

 

 

(a)� The public defender or an appointed defending attorney is entitled to use the same state facilities for the evaluation of evidence as are available to the prosecuting attorney.� If it appears the use of state facilities is unavailable or inappropriate, the court may authorize the use of private facilities to be paid for by the state public defender.

 

(b)� When the public defender or an appointed defending attorney requests service of process from the sheriff, no fees shall be charged for such service.

 

7-6-111.� Office space.

 

The county commissioners of each county shall provide suitable office space and utility services, other than telephone service, for the use of the state public defender and his assistants.� If suitable office space for all assistant public defenders cannot be provided, the county commissioners shall provide a monthly stipend to all assistants housed in private facilities.

 

7-6-112.� Applicability of provisions.

 

(a)� This act does not apply to:

 

(i)� Matters arising out of an action pending in the juvenile courts of this state unless it is in a juvenile delinquency proceeding;

 

(ii)� Representation of an individual in proceedings for hospitalization of mentally ill persons under W.S. 25-10-101 through 25-10-127;

 

(iii)� Representation of a person charged in municipal court with violation of a municipal ordinance; or

 

(iv)� Representation of a person in a federal court, except pursuant to W.S. 7-6-104(c)(ii).

 

7-6-113.� Funding.

 

(a)� The total state and federal funding of the public defender program shall be eighty-five percent (85%) of the state public defender budget.

 

(b)� Each county shall appropriate funds to supplement the state public defender budget in accordance with an equitable formula determined by the state public defender and the budget division of the department of administration and information in cooperation with the legislative service office, taking into account the following factors:

 

(i)� The population of each county;

 

(ii)� The assessed valuation of each county; and

 

(iii)� The serious crime case load of each county.

 

(c)� The total amount of money collected from the counties shall equal fifteen percent (15%) of the state public defender budget. The state public defender shall notify each county of its proportional share and shall by June 30 of each fiscal year invoice the county for its proportionate share. In the event a county does not make payments within ninety (90) days, the state treasurer may deduct the amount from sales tax revenues due to the county from the state and shall credit the amount to the general fund.

 

7-6-114.� Other legal protections or sanctions.

 

The protections provided by this act do not exclude any protection or sanction that the law otherwise provides.

 

CHAPTER 7 - SEARCH WARRANTS

 

7-7-101.� Authority to issue; grounds.

 

(a)� Any district judge, district court commissioner, circuit judge or magistrate authorized pursuant to W.S. 5-9-208(a), (b) or (c)(xv) or 5-9-212(a)(ix) may issue a search warrant to search for and seize any property:

 

(i)� Stolen or embezzled in violation of law;

 

(ii)� Designed or intended for use or which is or has been used as the means of committing a criminal offense;

 

(iii)� Possessed, controlled, or designed or intended for use or which is or has been used in violation of any law; or

 

(iv)� When the property or things to be seized consist of any item, or constitute any evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime.

 

7-7-102.� Procedures governed by rules.

 

Except as provided by W.S. 7-7-105, the Wyoming Rules of Criminal Procedure shall govern procedures relating to the issuance, form, execution and return of search warrants and procedures relating to motions to return unlawfully seized property and to suppress evidence.

 

7-7-103.� Disposition of property.

 

 

(a)� Except as otherwise provided by law, property seized pursuant to a search warrant shall be disposed of as follows:

 

(i)� If the defendant is convicted:

 

(A)� Property which was stolen or embezzled� shall be returned to the owner;

 

(B)� Other property shall be destroyed or otherwise disposed of as directed by the court.

 

(ii)� If the� criminal charges against the defendant are dismissed or he is acquitted, the property shall be returned to the� owner or otherwise disposed of as directed by the court.

 

7-7-104.� Authority of officer to break open building in execution of warrant.

 

Except as otherwise specifically provided by� law, an officer executing a search warrant may break a door or window of any building described in the warrant if he is not admitted after he has announced his authority and purpose.

 

7-7-105.� Applicability of more specific provisions.

 

Notwithstanding any provision of W.S. 7-7-101 through 7-7-104, specific procedures contained in another statute governing search and seizure, the issuance and execution of search warrants or the disposition to be made of seized property shall govern in those circumstances to which the more specific statute applies.

 

CHAPTER 8 - ARREST AND PRELIMINARY HEARING

 

7-8-101.� Arrest by private person.

 

 

(a)� A person who is not a peace officer may arrest another for:

 

(i)� A felony committed in his presence;

 

(ii)� A felony which has been committed, even though not in his presence, if he has probable cause to believe the person to be arrested committed it; or

 

(iii)� The following misdemeanors committed in his presence:

 

(A)� A misdemeanor larceny offense defined by W.S. 6-3-402(a) or (e); or

 

(B)� A misdemeanor property destruction offense defined by W.S. 6-3-201.

 

7-8-102.� Issuance and execution of warrant or summons on indictment; procedures governed by rules.

 

 

(a)� A warrant or summons may be issued on an indictment found in any county.

 

(b)� The warrant may be executed or the summons may be served at any place within the state.

 

(c)� Procedures relating to the issuance, form, execution or service and the return of the warrant or summons shall be governed by the Wyoming Rules of Criminal Procedure.

 

7-8-103.� Issuance and execution of warrant or summons on information or complaint; procedures governed by rules.

 

(a)� A warrant or summons issued by any circuit court based upon a complaint or information charging any criminal offense may be executed or served at any place within the jurisdiction of the state of Wyoming.

 

(b)� Procedures relating to the issuance, form, execution or service and the return of the warrant or summons shall be governed by rules promulgated by the supreme court of Wyoming.

 

7-8-104.� Authority of officer to break open building in execution of warrant.

 

In executing a warrant for the arrest of a person charged with an offense, a peace officer may break open� a door or window of any building in which the person to be arrested is or is reasonably believed to be, if the officer is not admitted after he has announced his authority and purpose.

 

7-8-105.� Right to preliminary hearing.

 

In all cases triable in district court, except upon indictment, the defendant is entitled to a preliminary hearing.

 

7-8-106.� Renumbered as 7-1-109 by Laws 1993, ch. 173, � 1.

 

 

CHAPTER 9 - VICTIM RESTITUTION

 

7-9-101.� Definitions.

 

 

(a)� As used in this chapter:

 

(i)� "Criminal activity" means any crime for which there is a plea of guilty, nolo contendere or verdict of guilty upon which a judgment of conviction may be rendered and includes any other crime which is admitted by the defendant, whether or not prosecuted. In the case of restitution ordered under W.S. 7-13-301, "criminal activity" also includes a crime charged against the defendant;

 

(ii)� "Long-term physical health care restitution order" means an order entered pursuant to W.S. 7-9-113 through 7-9-115;

 

(iii)� "Pecuniary damage" means all damages which a victim could recover against the defendant in a civil action arising out of the same facts or event, including damages for wrongful death. It does not include punitive damages and damages for pain, suffering, mental anguish and loss of consortium;

 

(iv)� "Restitution" means full or partial payment of pecuniary damage to a victim;

 

(v)� "Victim" means a person who has suffered pecuniary damage as a result of a defendant's criminal activities. An insurer which paid any part of a victim's pecuniary damages shall be regarded as the victim only if the insurer has no right of subrogation and the insured has no duty to pay the proceeds of restitution to the insurer.

 

7-9-102.� Order to pay upon conviction.

 

In addition to any other punishment prescribed by law the court shall, upon conviction for any misdemeanor or felony, order a defendant to pay restitution to each victim as determined under W.S. 7-9-103 and 7-9-114 unless the court specifically finds that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay.

 

7-9-103.� Determination of amount owed; execution.

 

(a)� As part of the sentencing process including deferred prosecutions under W.S. 7-13-301, in any misdemeanor or felony case, the prosecuting attorney shall present to the court any claim for restitution submitted by any victim.

 

(b)� In every case in which a claim for restitution is submitted, the court shall fix a reasonable amount as restitution owed to each victim for actual pecuniary damage resulting from the defendant's criminal activity, and shall include its determination of the pecuniary damage as a special finding in the judgment of conviction or in the order placing the defendant on probation under W.S. 7-13-301. In determining the amount of restitution, the court shall consider and include as a special finding, each victim's reasonably foreseeable actual pecuniary damage that will result in the future as a result of the defendant's criminal activity. A long-term physical health care restitution order shall be entered as provided in W.S. 7-9-113 through 7-9-115.

 

(c)� The court shall order the defendant to pay all or part of the restitution claimed or shall state on the record specific reasons why an order for restitution was not entered. If the court determines that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay in the future, the court shall enter specific findings in the record supporting its determination.

 

(d)� Any order for restitution under this chapter constitutes a judgment by operation of law on the date it is entered. To satisfy the judgment, the clerk, upon request of the victim, the division of victim services or the district attorney, shall issue execution in the same manner as in a civil action.

 

(e)� The court's determination of the amount of restitution owed under this section is not admissible as evidence in any civil action.

 

(f)� The defendant shall be given credit against his restitution obligation for payments made to the victim by the defendant's insurer for injuries arising out of the same facts or event.

 

7-9-104.� Preparation of plan; contents.

 

(a)� In any case in which the court has ordered restitution under W.S. 7-9-102, 7-9-113 or 7-13-301, if the sentencing court orders suspended imposition of sentence, suspended sentence or probation, the court shall require that the defendant in cooperation with the probation and parole officer assigned to the defendant, or in the case of unsupervised probation any probation and parole officer or any other person the court directs, promptly prepare a plan of restitution including the name and address of each victim, the amount of restitution determined to be owed to each victim pursuant to W.S. 7-9-103 or 7-9-114 and a schedule of restitution payments. If the defendant is presently unable to make any restitution but there is a reasonable possibility that the defendant may be able to do so at some time during his probation period, the plan of restitution shall also state the conditions under which or the event after which the defendant shall make restitution. In structuring a plan for reimbursement under this section, victim restitution shall be paid in the following order:

 

(i)� Pecuniary damages suffered by the victim which have not been paid by insurance or from the crime victim's compensation account;

 

(ii)� Payment of other amounts owed by the defendant arising from the case.

 

7-9-105.� Submission of plan to court; approval or modification.

 

The defendant's plan of restitution and the comments of the probation and parole officer or any other person directed by the court to assist in the preparation of the restitution plan shall be submitted promptly to the court. The court shall promptly enter an order approving the plan or modifying it and providing for restitution payments to the extent that the defendant is or may become reasonably able to make restitution, taking into account the factors enumerated in W.S. 7-9-106. The court may modify the plan at any time upon the defendant's request, upon the court's own motion and, for those cases within the provisions of W.S. 7-9-113 through 7-9-115, upon the motion of the victim.

 

7-9-106.� Factors considered by probation and parole officer, and by court.

 

 

(a)� The probation and parole officer or other person directed by the court when assisting the defendant in preparing the plan of restitution, and the court before approving or modifying the plan of restitution, shall consider:

 

(i)� The number of victims;

 

(ii)� The pecuniary damages of each victim including, for those cases within the provisions of W.S. 7-9-113 through 7-9-115, the long-term physical health care cost of the victim;

 

(iii)� The defendant's:

 

(A)� Physical and mental health and condition;

 

(B)� Age;

 

(C)� Education;

 

(D)� Employment circumstances;

 

(E)� Potential for employment and vocational training;

 

(F)� Family circumstances; and

 

(G)� Financial condition and whether the defendant has an ability to pay or whether a reasonable probability exists that the defendant will have an ability to pay.

 

(iv)� Whether compensation has been paid to any victim under the Crime Victims Compensation Act;

 

(v)� What plan of restitution will most effectively aid the rehabilitation of the defendant; and

 

(vi)� Other appropriate factors.

 

7-9-107.� Notice to victims.

 

 

(a)� The probation and parole officer or other person directed by the court to assist in preparation of the restitution plan shall attempt to determine the name and address of each victim and the amount of his pecuniary damages and may rely on a victim's impact statement made pursuant to W.S. 7-21-101 through 7-21-103.

 

(b)� The clerk of the court shall mail to each known victim a copy of the court's order approving or modifying the plan of restitution.

 

7-9-108.� Compliance with plan as condition of probation or suspension; payments to clerk.

 

(a)� Compliance with the plan of restitution as approved or modified by the court shall be a condition of the defendant's probation or suspension.

 

(b)� Restitution payments by the defendant shall be made payable to the office of the clerk in a form acceptable to the clerk.

 

(c)� Any restitution payment mailed to the last known address of the victim and returned to the clerk without a forwarding address shall be held by the clerk for a period of one (1) year following the date of receipt of the returned payment.� A victim who fails to claim the returned payment or to provide a forwarding address within the one (1) year period forfeits his right to the payment and the clerk shall forward the amount of payment to the victim services division within the office of the attorney general for deposit in the account established under W.S. 1-40-114.

 

7-9-109.� Failure to comply; modification or extension of plan.

 

Failure of the defendant to comply with W.S. 7-9-104 or to comply with the plan of restitution as approved or modified by the court is a violation of the conditions of probation. If the probation period has expired, the restitution order may be enforced by either civil or criminal contempt proceedings. Criminal contempt under this section is punishable by imprisonment for not more than one (1) year. The court may modify the plan of restitution or extend the period of time for restitution, but, except for those cases falling within the provisions of W.S. 7-9-113 through 7-9-115, the court may not extend the period of time for restitution beyond ten (10) years following the date of the defendant's discharge from sentence or expiration of probation under W.S. 7-13-301.

 

7-9-110.� Civil action.

 

 

(a)� Proceedings, orders and judgments under W.S. 7-9-101 through 7-9-115 shall not estop, limit or impair the rights of victims to sue and recover damages from the defendant in a separate civil action.� Any restitution payment by the defendant to a victim shall be set off against any judgment in favor of the victim, however, in a civil action arising out of the same facts or event.

 

(b)� The fact that restitution was required or made shall not be admissible as evidence in a civil action unless offered by the defendant.

 

7-9-111.� Limitations on duty of prosecutor; victim's remedy.

 

Except as provided by W.S. 7-9-103(a), the prosecuting attorney has no obligation to investigate alleged pecuniary damages or to petition the court for restitution on behalf of a victim. In the event that the victim is not satisfied with the restitution plan approved or modified by the court, the victim's sole and exclusive remedy is a civil action.

 

7-9-112.� Check fraud.

 

Notwithstanding any other provision of this chapter, the sentencing court may require any person convicted of check fraud to make restitution in an amount not to exceed twice the amount of the dishonored check in addition to any other punishment imposed under W.S. 6-3-702.

 

7-9-113.� Restitution for long-term care.

 

(a)� In addition to any other punishment prescribed by law and any restitution ordered pursuant to W.S. 7-9-102 which did not include long-term physical health care costs, the court may, upon conviction of any misdemeanor or felony, order a defendant to pay restitution to a victim in accordance with the provisions of W.S. 7-9-114 if the victim has suffered physical injury as a result of the crime which is reasonably probable to require or has required long-term physical health care for more than three (3) months.

 

(b)� As used in W.S. 7-9-113 through 7-9-115 "long-term physical health care" includes mental health care.

 

7-9-114.� Determination of long-term restitution; time for order; enforcement.

 

 

(a)� In determining the amount of restitution to be ordered for long-term physical health care, the court shall consider the factors stated in W.S. 7-9-106 together with an estimated monthly cost of long-term physical health care of the victim provided by the victim or his representative.� The victim's estimate of long-term physical health care costs may be made as part of a victim impact statement under W.S. 7-21-103 or made separately.� The court shall enter the long-term physical health care restitution order at the time of sentencing.� An order of restitution made pursuant to this section shall fix a monthly amount to be paid by the defendant for as long as long-term physical health care of the victim is required as a result of the crime.� The order may exceed the length of any sentence imposed upon the defendant for the criminal activity. The court shall include as a special finding in the judgment of conviction its determination of the monthly cost of long-term physical health care.

 

(b)� Restitution ordered under this section shall be paid as provided in W.S. 7-9-108.� The restitution order shall be a civil judgment against the defendant and may be enforced by any means provided for enforcing other restitution orders and civil judgments.

 

7-9-115.� Modification of order.

 

After a long-term physical health care restitution order has been entered, the court may from time to time, on the petition of either the defendant or the victim, or upon its own motion, modify the order as to the amount of monthly payments.� Any modification of the order shall only be based upon a substantial change of circumstances relating to the cost of long-term physical health care or the financial condition of either the defendant or the victim.� The petition shall be filed as part of the original criminal docket.

 

CHAPTER 10 - BAIL

 

7-10-101.� Right of defendant.

 

(a) �A person arrested for an offense not punishable by death may be admitted to bail.

 

(b)� A person arrested for an offense punishable by death may be admitted to bail at the discretion of the authorized judicial officer as defined by W.S. 7-10-104, except the defendant shall not be admitted to bail if the proof is evident or the presumption great in the case.

 

(c)� During the pendency of an appeal in a bailable case, the judge of the court having jurisdiction may admit the defendant to bail in any sum he deems proper.� The judge allowing bail may at any time revoke or amend the order admitting the defendant to bail.

 

7-10-102.� Matters governed by rules.

 

The rules promulgated by the Wyoming supreme court shall govern in all matters relating to the terms, amount and conditions of bail, justification of sureties and procedures for forfeiture, enforcement and exoneration upon breach or default of the conditions of bail.

 

7-10-103.� Continuation for defendant bound over to district court.

 

An order admitting to bail a defendant who is subsequently bound over to answer for a criminal offense in district court shall continue unless amended or revoked by the district court. The order of the court of limited jurisdiction admitting the defendant to bail, together with any cash, appearance bond or other security, shall be transmitted to the clerk of the district court and made a part of the record.

 

7-10-104.� Authorized judicial officers.

 

(a)� A person charged with the commission of any bailable offense may be admitted to bail by:

 

(i)� A justice of the supreme court;

 

(ii)� A district judge or district court commissioner of the district in which the person is charged; or

 

(iii)� A circuit judge, or magistrate of the county in which the person is charged.

 

(iv)� Repealed By Laws 2004, Chapter 42, � 2.

 

7-10-105.� Disposition of forfeited proceeds.

 

Any proceeds recovered as a result of the forfeiture of bail in any criminal case shall be paid into the county treasury to the credit of the public school fund of the county in which the defendant was admitted to bail.

 

7-10-106.� Technical defects.

 

In any proceeding to enforce or forfeit bail it shall be no defense that there was a failure by the court to note or record the default nor that there was a defect in the form of the appearance bond unless the defect misled the defendant to his prejudice.

 

CHAPTER 11 - TRIAL AND MATTERS INCIDENT THERETO

 

ARTICLE 1 - SELECTION AND CHALLENGES OF JURIES

 

7-11-101.� Impaneling in criminal cases.

 

Trial juries for criminal actions in district courts and in circuit courts are formed in the same manner as trial juries in civil actions.

 

7-11-102.� Trial of accused.

 

In all criminal cases the jury summoned and impaneled according to the laws relating to the summoning or impaneling of juries in other cases, shall try the accused.

 

7-11-103.� Peremptory challenges.

 

 

(a)� The defendant may challenge peremptorily, in capital cases, twelve (12) jurors, in other felonies eight (8) jurors, and in misdemeanors four (4) jurors. The prosecution may challenge peremptorily, in capital cases, twelve (12) jurors, in other felonies eight (8) jurors, and in misdemeanors four (4) jurors. The number of peremptory challenges allowed to the prosecution shall be multiplied by the number of defendants on trial in each case. Each defendant shall be allowed separate peremptory challenges.

 

(b)� All challenges made� under subsection (a) of this section shall be secret challenges.

 

7-11-104.� Trial of challenges for cause.

 

Both the defense and the prosecution may challenge jurors for cause prior to the jury being sworn. Challenges for cause shall be tried by the court.

 

7-11-105.� General grounds for challenging jurors.

 

 

(a)� The following is good cause for challenge to any person called as a juror in a criminal case:

 

(i)� That he was a member of the grand jury which found the indictment;

 

(ii)� That he has formed or expressed an opinion as to the guilt or innocence of the accused, or is biased or prejudiced for or against the accused;

 

(iii)� In a case in which the death penalty may be imposed, he states that his views on capital punishment would prevent or substantially impair performance of his duties as a juror in accordance with his oath or affirmation and the instructions of the court;

 

(iv)� That he is a relation within the fifth degree to the person alleged to be injured, or attempted to be injured, by the offense charged or to the person on whose complaint the prosecution was instituted, or to the defendant;

 

(v)� That he has served on a petit jury which was sworn in the same cause against the same defendant, and which jury either rendered a verdict which was set aside, or was discharged after hearing the evidence;

 

(vi)� That he has served as a juror in a civil case brought against the defendant for the same act;

 

(vii)� That he has been subpoenaed as a witness in the case.

 

(b)� The same challenges for cause shall be allowed in criminal prosecutions that are allowed to parties in civil cases.

 

7-11-106.� Opinion formed from news reports or rumors.

 

 

(a)� It is not cause for challenge that a person called to act as a juror in a criminal case has formed or expressed an opinion as to the guilt or innocence of the accused from news media reports or rumor if:

 

(i)� The prospective juror states that he can lay aside his impression or opinion and render a verdict based on the evidence presented in court; and

 

(ii)� The court is satisfied, from the examination of the prospective juror or from other evidence, that he will render an impartial verdict according to the law and the evidence submitted to the jury at trial.

 

7-11-107.� Oath or affirmation.

 

As soon as the jury is selected an oath or affirmation shall be administered to the jurors providing, in substance, that they and each of them will well and truly try the matter in issue between the state of Wyoming, plaintiff, and the named defendant, and render a true verdict according to the evidence.

 

ARTICLE 2 - TRIAL

 

7-11-201.� Order of proceedings.

 

 

(a)� After the jury has been impaneled and sworn, the trial shall proceed in the following order:

 

(i)� The counsel for the state shall state the case of the prosecution, and may briefly state the evidence by which he expects to sustain it;

 

(ii)� The defendant or his counsel may then state his defense and may briefly state the evidence he expects to offer in support of it, or may wait until the evidence on the part of the state is closed;

 

(iii)� The state shall first produce its evidence; the defendant will then produce his evidence;

 

(iv)� The state will then be confined to rebutting evidence unless the court, for good reasons, in furtherance of justice, shall permit it to offer evidence in chief;

 

(v)� When the evidence is concluded, either party may request instructions to the jury on the points of law, which shall be given or refused by the court. The instructions shall be reduced to writing;

 

(vi)� Before the argument of the case is begun, the court shall immediately, and before proceeding with other business, charge the jury. The charge shall be reduced to writing by the court, if either party requests it. No charge or instruction provided for in this section, when written or given, shall be orally qualified, modified or explained to the jury by the court. All written charges and instructions, shall be taken by the jury in their retirement and returned with their verdict into court, and shall remain on file with the papers of the case;

 

(vii)� When the evidence is concluded, and the charge given by the court, unless the case is submitted without argument, the counsel for the state shall commence, the defendant or his counsel follow, and the counsel for the state shall conclude the argument to the jury.

 

7-11-202.� Presence of defendant.

 

Except as otherwise provided by this section, the defendant shall be present at the arraignment, at every stage of the trial, including the impaneling of the jury, and the return of the verdict and at the imposition of sentence. In prosecution for offenses not punishable by death, the defendant's voluntary absence after the trial has been commenced in his presence shall not prevent continuing the trial to and including the return of the verdict. A corporation may appear by counsel for all purposes. In prosecutions of all misdemeanor cases, the court, with the written consent of the defendant, may permit arraignment, plea, and imposition of sentence in a defendant's absence. The defendant's presence is not required at a reduction of sentence hearing.

 

7-11-203.� Dismissal for unnecessary delay.

 

If there is unnecessary delay in presenting the charge to a grand jury or in filing an information against a defendant who has been held to answer to the district court, or if there is unnecessary delay in bringing a defendant to trial, the court may dismiss the indictment, information or complaint.

 

7-11-204.� Applicability of civil procedure provisions and rules.

 

To the extent practicable and when not otherwise specifically provided, procedures relating to conduct of the jury, admonitions of the court and the manner of returning verdicts, shall be governed by the Wyoming Code of Civil Procedure and the Wyoming Rules of Civil Procedure.

 

7-11-205.� Discharge of jury before verdict without prejudice.

 

 

(a)� If a jury is discharged for any of the following reasons� before reaching a verdict, the discharge shall be without prejudice to the prosecution:

 

(i)� Sickness of a juror or other accident or calamity requiring discharge of the jury;

 

(ii)� Failure of the jury to return a verdict; or

 

(iii)� Dismissal of the proceeding due to a failure of the complaint, information or indictment to properly charge the offense.

 

7-11-206.� Separation of jury.

 

 

(a)� In the trial of any criminal case to a jury, the court may, except for capital cases allow the jurors to separate during the trial and after the case is submitted to them.

 

(b)� In the trial of any capital case to the jury, the court may, with the consent of the defendant and the district attorney, allow the jurors to separate during the trial and after the case is submitted to them.

 

(c)� If the jurors are permitted to separate, they shall be admonished by the court that they shall not discuss the case with anyone except while deliberating in the jury room, and are not to form or express an opinion except during their deliberations in the jury room.

 

ARTICLE 3 - MENTAL ILLNESS OR DEFICIENCY

 

7-11-301.� Definitions.

 

(a)� As used in this act:

 

(i)� "Designated examiner" means a licensed psychiatrist, or other physician with forensic training or a licensed psychologist with forensic training;

 

(ii)� "Facility" means the Wyoming state hospital or other facility designated by the court which can adequately provide for the security, examination or treatment of the accused;

 

(iii)� "Mental deficiency" means a defect attributable to intellectual disability, brain damage and cognitive disabilities;

 

(iv)� "This act" means W.S. 7-11-301 through 7-11-307.

 

7-11-302.� Trial or punishment of person lacking mental capacity.

 

 

(a)� No person shall be tried, sentenced or punished for the commission of an offense while, as a result of mental illness or deficiency, he lacks the capacity, to:

 

(i)� Comprehend his position;

 

(ii)� Understand the nature and object of the proceedings against him;

 

(iii)� Conduct his defense in a rational manner; and

 

(iv)� Cooperate with his counsel to the end that any available defense may be interposed.

 

7-11-303.� Examination of accused to determine fitness to proceed; reports; commitment; defenses and objections.

 

(a)� If it appears at any stage of a criminal proceeding, by motion or upon the court's own motion, that there is reasonable cause to believe that the accused has a mental illness or deficiency making him unfit to proceed, all further proceedings shall be suspended.

 

(b)� The court shall order an examination of the accused by a designated examiner. The order may include, but is not limited to, an examination of the accused at the Wyoming state hospital on an inpatient or outpatient basis, at a local mental health center on an inpatient or outpatient basis, or at his place of detention. In selecting the examination site, the court may consider proximity to the court, availability of an examiner, and the necessity for security precautions. If the order provides for commitment of the accused to a designated facility, the commitment shall continue no longer than a thirty (30) day period for the study of the mental condition of the accused.� The prosecuting attorney and counsel for the accused shall cooperate in providing the relevant information and materials to the designated examiner, and the court may order as necessary that relevant information be provided to the examiner.

 

(c)� Written reports of the examination shall be filed with the clerk of court. The report shall include:

 

(i)� Detailed findings;

 

(ii)� An opinion as to whether the accused has a mental illness or deficiency, and its probable duration;

 

(iii)� An opinion as to whether the accused, as a result of mental illness or deficiency, lacks capacity to comprehend his position, to understand the nature and object of the proceedings against him, to conduct his defense in a rational manner, and to cooperate with his counsel to the end that any available defense may be interposed;

 

(iv)� Repealed By Laws 2009, Ch. 31, � 2.

 

(v)� A recommendation as to whether the accused should be held in a designated facility for treatment pending determination by the court of the issue of mental fitness to proceed; and

 

(vi)� A recommendation as to whether the accused, if found by the court to be mentally fit to proceed, should be detained in a designated facility pending further proceedings.

 

(d)� The clerk of court shall deliver copies of the report to the district attorney and to the accused or his counsel. The report is not a public record or open to the public. After receiving a copy of the report, both the accused and the state may, upon written request and for good cause shown, obtain an order granting them an examination of the accused by a designated examiner of their own choosing. For each examination ordered, a report conforming to the requirements of subsection (c) of this section shall be furnished to the court and the opposing party.

 

(e)� If the initial report contains the recommendation that the accused should be held in a designated facility pending determination of the issue of mental fitness to proceed, the court may order that the accused be committed to or held in a designated facility pending determination of mental fitness to proceed.� The court may order the involuntary administration of antipsychotic medications to a person accused of a serious crime as defined in W.S. 7-6-102(a)(v) to render the accused competent to stand trial, provided the court finds:

 

(i)� There are important governmental interests at stake including, but not limited to:

 

(A)� Bringing the accused to trial;

 

(B)� Timely prosecution;

 

(C)� Assuring the accused has a fair trial.

 

(ii)� The involuntary administration of antipsychotic medications will significantly further the governmental interest and the administration of the medication is:

 

(A)� Substantially likely to render the accused competent to stand trial; and

 

(B)� Substantially unlikely to have side effects that will interfere significantly with the ability of the accused to assist counsel in conducting a trial defense, thereby rendering the trial unfair.

 

(iii)� That any alternative and less intrusive treatments are unlikely to achieve substantially the same results; and

 

(iv)� The administration pursuant to a prescription by a licensed psychiatrist of the antipsychotic medications is medically appropriate and is in the best medical interests of the accused in light of the accused's medical condition.

 

(f)� If neither the state, nor the accused or his counsel contests the opinion referred to in paragraph (c)(iii) of this section relative to fitness to proceed, the court may make a determination and finding of record on this issue on the basis of the report filed or the court may hold a hearing on its own motion. If the opinion relative to fitness to proceed is contested the court shall hold a hearing on the issue. The report or reports may be received in evidence at any hearing on the issue. The party contesting any opinion relative to fitness to proceed has the right to summon and cross-examine the persons who rendered the opinion and to offer evidence upon the issue.

 

(g)� If the court determines that the accused is mentally fit to proceed, the court may order that the accused be held in confinement, be committed to a designated facility pending further proceedings, or be released on bail or other conditions. If the court determines that the accused lacks mental fitness to proceed, the proceedings against him shall be suspended and the court shall commit him to a designated facility to determine whether there is substantial probability that the accused will regain his fitness to proceed:

 

(i)� The examiner shall provide a full report to the court, the prosecuting attorney and the accused or his counsel within ninety (90) days of arrival of the accused at the designated treating facility.� If the examiner is unable to complete the assessment within ninety (90) days the examiner shall provide to the court and counsel a summary progress report which informs the court that additional time is necessary to complete the assessment, in which case the examiner may have up to an additional ninety (90) days to provide the full report for good cause shown, as follows:

 

(A)� The full report shall assess:

 

(I)� The facility's or program's capacity to provide appropriate treatment for the accused;

 

(II)� The nature of treatments provided to the accused;

 

(III)� What progress toward competency restoration has been made with respect to the factors identified by the court in its initial order;

 

(IV)� The accused's current level of mental disorder or mental deficiency and need for treatment, if any; and

 

(V)� The likelihood of restoration of competency and the amount of time estimated to achieve competency.

 

(B)� Upon receipt of the full report, the court shall hold a hearing to determine the accused's current status.� The burden of proving that the accused is fit to proceed shall be on the proponent of the assertion.� Following the hearing, the court shall determine by a preponderance of the evidence whether the accused is:

 

(I)� Fit to proceed;

 

(II)� Not fit to proceed with a substantial probability that the accused may become fit to proceed in the foreseeable future; or

 

(III)� Not fit to proceed without a substantial probability that the accused may become fit to proceed in the foreseeable future.

 

(C)� If the court makes a determination pursuant to subdivision (B)(I) of this paragraph, the court shall proceed with the trial or any other procedures as may be necessary to adjudicate the charges;

 

(D)� If the court makes a determination pursuant to subdivision (B)(II) of this paragraph, the court may order that the accused remain committed to the custody of the designated facility for the purpose of treatment intended to restore the accused to competency;

 

(E)� If the court makes a determination pursuant to subdivision (B)(III) of this paragraph, the court shall order the accused released from the custody of the designated facility unless proper civil commitment proceedings have been instituted and held as provided in title 25 of the Wyoming statutes. The continued retention, hospitalization and discharge of the accused shall be the same as for other patients.

 

(ii)� If it is determined pursuant to subdivision (i)(B)(II) of this subsection that there is substantial probability that the accused will regain his fitness to proceed, the commitment of the accused at a designated facility shall continue until the head of the facility reports to the court that in his opinion the accused is fit to proceed. If this opinion is not contested by the state, the accused or his counsel, the criminal proceeding shall be resumed. If the opinion is contested, the court shall hold a hearing as provided in subsection (f) of this section. While the accused remains at a designated facility under this subsection, the head of the facility shall issue a full report at least once every three (3) months in accordance with the requirements of subparagraph (i)(A) of this subsection on the progress the accused is making towards regaining his fitness to proceed.

 

(h)� A finding by the court that the accused is mentally fit to proceed shall not prejudice the accused in a defense to the crime charged on the ground that at the time of the act he was afflicted with a mental illness or deficiency excluding responsibility. Nor shall the finding be introduced in evidence on that issue or otherwise brought to the notice of the jury. No statement made by the accused in the course of any examination or treatment pursuant to this section and no information received by any person in the course of the examination or treatment shall be admitted in evidence in any criminal proceeding then or thereafter pending on any issue other than that of the mental condition of the accused.

 

(j)� Notwithstanding any provision of this section, counsel for the accused may make any and all legal objections which are susceptible of a fair determination prior to trial without the personal participation of the accused.

 

7-11-304.� Responsibility for criminal conduct; plea; examination; commitment; use of statements by defendant.

 

(a)� A person is not responsible for criminal conduct if at the time of the criminal conduct, as a result of mental illness or deficiency, he lacked substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law. As used in this section, the terms mental illness or deficiency mean only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality and that are not attributable primarily to self-induced intoxication as defined by W.S. 6-1-202(b).

 

(b)� As used in this section, the terms "mental illness or deficiency" do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

 

(c)� Evidence that a person is not responsible for criminal conduct by reason of mental illness or deficiency is not admissible at the trial of the defendant unless a plea of "not guilty by reason of mental illness or deficiency" is made. A plea of "not guilty by reason of mental illness or deficiency" may be pleaded orally or in writing by the defendant or his counsel at the time of his arraignment. The court, for good cause shown, may also allow that plea to be entered at a later time. Such a plea does not deprive the defendant of other defenses.

 

(d)� In all cases where a plea of "not guilty by reason of mental illness or deficiency" is made, the court shall order an examination of the defendant by a designated examiner.� The order may include, but is not limited to, an examination of the defendant at the Wyoming state hospital on an inpatient or outpatient basis, at a local mental health center on an inpatient or outpatient basis, or at his place of detention.� In selecting the examination site, the court may consider proximity to the court, availability of an examiner and the necessity for security precautions.� If the order provides for commitment of the defendant to a designated facility, the commitment shall continue no longer than a forty-five (45) day period for the observation and evaluation of the mental condition of the defendant, which time may be extended by the approval of the court.

 

(e)� If an examination of a defendant's fitness to proceed has been ordered pursuant to W.S. 7-11-303, an examination following a plea of "not guilty by reason of mental illness or deficiency" shall not occur, or be ordered, until the court has found the defendant is competent to proceed under W.S. 7-11-303.

 

(f)� A written report of the examination shall be filed with the clerk of court.� The report shall include:

 

(i)� Detailed findings, including, but not limited to, the data and reasoning that link the opinions specified in paragraphs (ii) and (iii) of this subsection;

 

(ii)� An opinion as to whether the defendant has a mental illness or deficiency;

 

(iii)� An opinion as to whether at the time of the alleged criminal conduct the defendant, as a result of mental illness or deficiency, lacked substantial capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law.

 

(g)� The clerk of court shall deliver copies of the report to the district attorney and to the defendant or his counsel.� The report shall not be a public record or open to the public.� If an examination provided under subsection (d) of this section was conducted, the report may be received in evidence and no new examination shall be required unless requested under this subsection.� Within five (5) days after receiving a copy of the report, the defendant or the state, upon written request, may obtain an order granting an examination of the defendant by a designated examiner chosen by the requester of the examination.

 

(h)� Except as otherwise provided in this subsection, no statement made by the defendant in the course of any examination or treatment pursuant to this section and no information received by any person in the course thereof is admissible in evidence in any criminal proceeding on any issue other than that of the mental condition of the defendant. If the defendant testifies in his own behalf, any statement made by him in the course of any examination or treatment pursuant to this section may be admitted:

 

(i)� For impeachment purposes; or

 

(ii)� As evidence in a criminal prosecution for perjury.

 

7-11-305.� Pleas of not guilty and not guilty by reason of mental illness or deficiency; burden of proof; expert witnesses.

 

 

(a)� When a defendant couples a plea of not guilty with a plea of not guilty by reason of mental illness or deficiency, proof shall be submitted before the same jury in a continuous trial on whether the defendant in fact committed the acts charged, on the remaining elements of the alleged criminal offense and on the issue of mental responsibility of the defendant. In addition to other forms of verdict submitted to the jury, the court shall submit a verdict by which the jury may find the defendant not guilty by reason of mental illness or deficiency excluding responsibility.

 

(b)� The prosecution shall prove beyond a reasonable doubt all the elements of the offense charged. Every defendant is presumed to be mentally responsible. The defendant shall have the burden of going forward and proving by the greater weight of evidence that, as a result of mental illness or deficiency, he lacked capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.

 

(c)� Only the designated examiners who examined the defendant pursuant to W.S. 7-11-303 or 7-11-304 are competent witnesses to testify as to the defendant's mental responsibility.

 

(d)� In addition, the state and the defendant may summon other expert witnesses who did not examine the defendant. Such experts are not competent to testify as to the mental responsibility of the defendant; however, they may testify as to the validity of the procedures followed and the general scientific propositions stated by other witnesses.

 

(e)� The designated examiner who examined the defendant may testify as to and explain the nature of his examinations, his diagnosis of mental illness or deficiency of the defendant, and his opinion as to the defendant's ability to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law.� The designated examiner may be cross-examined as to his competence and the credibility of his diagnosis and his opinion.

 

7-11-306.� Disposition of persons found not guilty by reason of mental illness or deficiency excluding responsibility.

 

(a)� After entry of a judgment of not guilty by reason of mental illness or deficiency excluding responsibility, the court shall, on the basis of evidence given at trial or at a separate hearing, make an order as provided in subsection (b), (c) or (d) of this section.

 

(b)� If the court finds that the person is no longer affected by mental illness or deficiency, or that he no longer presents a substantial risk of danger to himself or others and is not in need of care, supervision or treatment, the court shall order him discharged from custody.

 

(c)� If the court finds that the person is affected by mental illness or deficiency and presents a substantial risk of danger to himself or others, but can be controlled adequately and given proper care, supervision and treatment if released on supervision, the court shall order him released subject to the supervisory orders of the court as are appropriate in the interests of justice and the welfare of the defendant. The court may appoint any person or state, county or local agency which the court considers capable of supervising the person upon release. Upon receipt of an order issued under this subsection, the person or agency appointed shall assume the supervision of the person pursuant to the direction of the court. Conditions of release in the order of the court may be modified from time to time and supervision may be terminated by order of the court. If upon a hearing the state shows by a preponderance of the evidence that the person released on supervision under this subsection can no longer be controlled adequately by supervision, the court may order the person committed to the Wyoming state hospital or other designated facility for custody, care and treatment.

 

(d)� If the court finds that the person is affected by mental illness or deficiency and presents substantial risk of danger to himself or others and that he is not a proper subject for release or supervision, the court shall order him committed to the Wyoming state hospital or other designated facility for custody, care and treatment.

 

(e)� Following the first ninety (90) days of commitment to the Wyoming state hospital or other designated facility under this section, if at any time the head of the facility is of the opinion that the person is no longer affected by mental illness or deficiency, or that he no longer presents a substantial risk of danger to himself or others, the head of the facility shall apply to the court which committed the person for an order of discharge. The application shall be accompanied by a report setting forth the facts supporting the opinion of the head of the facility. Copies of the application and report shall be transmitted by the clerk of the court to the district attorney.� The court shall hold a hearing on this matter as soon as possible.� If the state opposes the recommendation of the head of the facility, the state has the burden of proof by a preponderance of the evidence to show that the person continues to be affected by mental illness or deficiency and continues to present a substantial risk of danger to himself or others and should remain in the custody of the designated facility.

 

(f)� Ninety (90) days after the order of commitment, any person committed to the designated facility under this section may apply to the district court of the county from which he was committed for an order of discharge upon the grounds that he is no longer affected by mental illness or deficiency, or that he no longer presents a substantial risk of danger to himself or others. The application for discharge shall be accompanied by a report of the head of the facility which shall be prepared and transmitted as provided in subsection (e) of this section. The court shall hold a hearing on this matter as soon as possible.� The applicant shall prove by a preponderance of