HB0100 - Juvenile delinquency-recordkeeping.
2001 |
State of Wyoming |
01LSO-0237.E1 ENGROSSED |
HOUSE BILL NO. HB0100
Juvenile delinquency-recordkeeping.
Sponsored by: Joint Judiciary Interim Committee
A BILL
for
1 AN ACT relating to
juvenile justice; creating a juvenile
2
justice information system database to be maintained by the
3
Wyoming division of criminal investigation; providing for
4
the collection of information concerning juveniles
5
adjudicated to be delinquent; specifying restrictions on
6
dissemination of information; providing for the destruction
7
of records; granting rulemaking authority; conforming
8
related provisions; and providing for an effective date.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
12 Section 1. W.S. 7-19-501 through 7-19-505 are created
13 to read:
14
15 ARTICLE 5
16 JUVENILE JUSTICE INFORMATION SYSTEM
17
Page 1
1 7-19-501. Definitions.
2
3 (a) As used in this act:
4
5 (i) "Adjudicated"
or "adjudication" means as
6
defined by W.S. 14-6-201(a)(i);
7
8 (ii) "Adult"
means an individual who has
9
attained the age of majority;
10
11 (iii) "Delinquent
child" means as defined by
12 W.S. 14-6-201(a)(x);
13
14 (iv) "Disposition"
means the action ordered by
15 the juvenile court judge under W.S.
14-6-229 upon
16 adjudication of a juvenile for a
delinquent act;
17
18 (v) "Division"
means the Wyoming division of
19 criminal investigation within the
office of the attorney
20 general;
21
22 (vi) "Juvenile"
means an individual who is under
23 the age of majority;
24
Page 2
1 (vii) "Qualifying
offense" means conduct that,
2
if committed by an adult, would constitute a felony under
3
the laws of this state or under federal law;
4
5 (viii) "This
act" means W.S. 7-19-501 through
6
7-19-505.
7
8 7-19-502. Record system created.
9
10 (a) The
division shall create and maintain a database
11 for a juvenile justice information
system as provided in
12 this act.
13
14 (b) The
database shall contain the information
15 required by this act. Access to information in the
16 database shall be limited as
provided by W.S. 7-19-504.
17
18 (c) The
division shall promulgate reasonable rules
19 and regulations necessary to carry
out the provisions of
20 this act.
21
22 7-19-503. Collection of juvenile justice information.
23
Page 3
1 (a) In any case
in which a juvenile is adjudicated a
2
delinquent child for the commission of a qualifying
3
offense, the court shall direct that, to the extent
4
possible, the following information be collected and
5
provided to the division:
6
7 (i) Offender
identification information
8
including:
9
10 (A) The
juvenile offender's name, including
11 other names by which the juvenile is
known, and social
12 security number;
13
14 (B) The
juvenile offender's date and place
15 of birth;
16
17 (C) The
juvenile offender's physical
18 description, including sex, weight,
height, race,
19 ethnicity, eye color, hair color,
scars, marks and tattoos;
20
21 (D) The
juvenile offender's last known
22 residential address; and
23
24 (E) The juvenile offender's fingerprints.
Page 4
1
2 (ii) Offense
identification information
3
including:
4
5 (A) The
criminal offense for which the
6
juvenile was adjudicated delinquent;
7
8 (B) Identification
of the juvenile court in
9
which the juvenile was adjudicated delinquent; and
10
11 (C) The date
and description of the final
12 disposition ordered by the juvenile
court.
13
14 (b) The
information maintained by the division shall
15 not include predisposition studies
and reports, social
16 summaries, medical or psychological
reports, educational
17 records, multidisciplinary team
minutes and records or
18 transcripts of dispositional
hearings.
19
20 (c) The
division may designate codes relating to the
21 information described in subsection
(a) of this section.
22
23 7-19-504. Access to and dissemination of information.
24
Page 5
1 (a) Information
contained in the juvenile justice
2
information system shall be accessible only to law
3
enforcement and other authorized parties to the same extent
4
and under the same circumstances as adult criminal history
5
record information is available under W.S. 7-19-106.
6
7 (b) Any person
who willfully violates subsection (a)
8
of this section is guilty of a misdemeanor and upon
9
conviction shall be fined not more than five hundred
10 dollars ($500.00).
11
12 7-19-505. Inspection of information.
13
14 An individual, his parents and guardian have
the right to
15 inspect all juvenile justice record
information located
16 within this state which refers to
that individual in
17 accordance with W.S. 7-19-109.
18
19 Section 2. W.S. 14-6-203(g)(vi), 14-6-239(d) and
20 14-6-240(a) and (b) are amended to
read:
21
22 14-6-203. Jurisdiction; confidentiality of records.
23
Page 6
1 (g) Except as
provided by subsection (j) of this
2
section, all information, reports or records made, received
3
or kept by any municipal, county or state officer or
4
employee evidencing any legal or administrative process or
5
disposition resulting from a minor's misconduct are
6
confidential and subject to the provisions of this act. The
7
existence of the information, reports or records or
8
contents thereof shall not be disclosed by any person
9
unless:
10
11 (vi) The
disclosure is authorized by W.S.
12 7-19-504
or 14-6-240(g).
13
14 14-6-239. Records and reports
confidential;
15 inspection.
16
17 (d) Nothing in
subsection (a) of this section shall
18 limit the disclosure of records
authorized by W.S. 7-19-504
19 or 14-6-240(g).
20
21 14-6-240. Fingerprinting or
photographing of child;
22 disclosure of child's records.
23
Page 7
1 (a) No child
shall be fingerprinted or photographed
2
by a law enforcement agency or peace officer unless:
3
4 (i) The child
has been arrested for a felony; 5
level offense;
6
7 (ii) A petition
has been filed in juvenile court
8
alleging the child with having committed a delinquent act
9
which would constitute a felony; or
10
11 (iii) Latent
fingerprints are found during the
12 investigation of a criminal offense
and a peace officer has 13 obtains consent of the parent, guardian or custodian of the
14 juvenile, or obtains a court order based upon
probable
15 cause to believe the fingerprints
are those of the child;.
16 or
17
18 (iv) The child has been adjudicated to have
19 committed
a delinquent act which would constitute a felony
20 if committed by an adult.
21
22 (b) Fingerprints
and photographs of a child found 23 adjudicated to have committed a delinquent act
which would
24 be a felony if committed by an adult
may be retained in a
Page 8
1 local
law enforcement agency file and in the Wyoming
2
division of criminal investigation files in
accordance with
3 W.S. 7-19-501 through 7-19-505.
If the matter does not
4
result in a consent decree or an
adjudication that the
5
child was a delinquent for having committed an act
6
constituting a felony, the enforcement agency
which
7 obtained the fingerprints or
photographs pursuant to
8 paragraph (a)(iii) of this section
shall destroy those
9 records and shall report the
destruction of the records to
10 the court. Further, the court shall order all
records
11 pertaining to the matter in the files of law enforcement
12 agencies destroyed or
expunged.
13
14 Section 3. This act is effective July 1, 2001.
15
16 (END)
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