H.B. No. 0120 |
Sex offender registration. |
Sponsored By: Joint Judiciary Interim Committee
AN ACT relating to registration of sex offenders; amending registration requirements; reducing the number of days for an offender to register as a sex offender; eliminating the requirement for a hearing to determine the level of the sex offender's risk of reoffense; eliminating the levels of risk of reoffense for sex offenders; increasing the number of years offenders are required to be registered with the division of criminal investigation as specified; authorizing petitions to seek relief from the duty to register as an offender; amending definitions; expanding the scope of dissemination of information contained in the central registry of offenders; increasing penalties for failure to register as an offender; requiring rulemaking; conforming provisions; repealing provisions; providing an appropriation; and providing for effective dates.
1/5/2007 Bill Number Assigned
1/9/2007 H Received for Introduction
1/9/2007 H Introduced and Referred to H01
1/15/2007 H01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Buchanan, Dockstader, Gingery, Mercer, Olsen, Shepperson and Throne
Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0
1/15/2007 H Placed on General File
1/15/2007 H Rereferred to H02
1/18/2007 H02 Recommended Do Pass
ROLL CALL
Ayes: Representative(s) Berger, Harshman, Jones, Jorgensen, Petersen, Philp and Warren
Ayes 7 Nays 0 Excused 0 Absent 0 Conflicts 0
1/18/2007 H Placed on General File
Page 1-line 14 After "repealing provisions;" insert "providing an appropriation;".
Page 1-line 15 Delete "an"; delete "date" insert "dates".
Page 2-line 3 Delete "a"; delete "paragraph" insert "paragraphs"; after "(xx)" insert "and (xxi)".
Page 3-line 6 After "(j)" insert ", or convicted of a criminal offense from another jurisdiction containing the same or similar elements, or arising out of the same or similar facts or circumstances, as a criminal offense specified in W.S. 7-19-302(g) through (j)".
Page 3-line 17 Delete "." insert ";".
Page 3-After line 17 Insert:
"(xxi) "Working days" shall not include Saturdays, Sundays and legal holidays.".
Page 4-line 16 Delete "one (1)" insert "a sample".
Page 5-line 2 Strike "factors" insert "features".
Page 8-line 13 After "minor," insert "W.S. 6-2-313,".
Page 8-line 20 Strike "division" insert "sheriff in the county in which the offender resides".
Page 9-line 7 Delete "thirteen" insert "fourteen".
Page 9-line 8 Delete "(13)" insert "(14)".
Page 9-line 12 After "(iii)" insert ",".
Page 9-line 21 Strike "division" insert "sheriff in the county in which the offender resides".
Page 10-line 7 Delete "6-2-202" insert "6-2-201".
Page 10-line 8 Delete "thirteen" insert "fourteen".
Page 10-line 9 Delete "(13)" insert "(14)"; after "6-4-402" insert ","; after "or" insert "W.S. 14-3-104 or".
Page 10-line 18 Strike "division" insert "sheriff in the county in which the offender resides".
Page 14-line 3 Strike "and" insert ",".
Page 14-line 4 Strike all existing language; delete all new language.
Page 14-line 5 Delete "court"; strike "order,".
Page 19-lines 1 through 5 Delete entirely and insert:
"Section 3. There is appropriated two hundred thousand dollars ($200,000.00) from the general fund to the attorney general for the period beginning with the effective date of this section and ending June 30, 2008. The funds appropriated under this section shall only be used to purchase computer equipment and software necessary to implement the registration and notification requirements under W.S. 7-19-301 through 7-19-307.".
Page 19-line 7 After "4." insert "(a) Except as provided in subsection (b) of this section,".
Page 19-After line 7 Insert:
"(b) Section 3 of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.". BUCHANAN, CHAIRMAN
Page 2-line 2 Delete "(iii),".
Page 2-line 18 through 23 Delete entirely.
Page 3-lines 1 and 2 Delete entirely.
Page 8-line 11 After "minor" insert "and the offender is not the victim's parent or guardian".
Page 8-line 12 After "minor" insert "and the offender is not the victim's parent or guardian".
Page 8-line 13 Delete the standing committee amendment (HB0102HS001/A) to this line. BUCHANAN
Page 3-line 11 Strike "mental abnormality or personality disorder" insert "psychiatric condition".
Page 5-line 5 Strike "mental abnormality or" insert "psychiatric condition".
Page 5-line 6 Strike "personality disorder". IEKEL
1/22/2007 H Passed CoW
Page 2-line 2 Delete the Buchanan committee of the whole amendment (HB0120HW001/A) to this line.
Page 2-lines 18 through 23 Delete the Buchanan committee of the whole amendment (HB0120HW001/A) to these lines.
Page 3-lines 1 and 2 Delete the Buchanan committee of the whole amendment (HB0120HW001/A) to these lines. HARSHMAN, EDMONDS, GINGERY
1/23/2007 H Passed 2nd Reading
1/24/2007 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Gingery, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Throne, Wallis, Walsh, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Landon and Warren
Ayes 58 Nays 2 Excused 0 Absent 0 Conflicts 0
1/26/2007 S Received for Introduction
1/26/2007 S Introduced and Referred to S01
2/6/2007 S01 Recommended Amend and Do Pass
Ayes: Senator(s) Decaria, Perkins, Ross and Sessions
Nays: Senator(s) Burns
Ayes 4 Nays 1 Excused 0 Absent 0 Conflicts 0
2/6/2007 S Placed on General File
2/13/2007 S Rereferred to S02
2/20/2007 S02 Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Job, Meier, Nicholas, Peterson and Townsend
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/20/2007 S Placed on General File
Page 2-line 2 After "7-19-301(a)(viii)" delete ", (xiv)".
Page 2-line 10 After "7-19-304(a)" insert "and by creating a new subsection (d)".
Page 3-lines 2 through 7 Delete.
Page 4-line 13 After "sample" insert "." and delete balance of line.
Page 4-line 14 Delete.
Page 4-line 15 Delete "sentence.".
Page 5-line 7 Strike "a sexually violent predator" insert "an offender".
Page 5-line 8 Strike "sentencing".
Page 13-line 13 After stricken "moderate," insert "If the offender was convicted of an offense specified in W.S. 7-19-302(h) or (j),".
Page 13-lines 14 through 16 Reinsert stricken language.
Page 13-line 17 Reinsert stricken language through "organizations"; after reinserted "organizations" insert ".".
Page 13-line 20 Reinsert stricken "In addition,".
Page 17-line 7 After "confinement" insert ". The period of registration under this paragraph may be reduced by five (5) years if the offender maintains a clean record as provided in subsection (d) of this section".
Page 17-After line 19 Insert:
"(d) A registration period under subsection (a) of this section may be reduced if, after the duty to register arises, the offender specified in W.S. 7-19-302(g) maintains a clean record for ten (10) years by:
(i) Having no conviction of any offense for which imprisonment for more than one (1) year may be imposed;
(ii) Having no conviction of any sex offense;
(iii) Successfully completing any periods of supervised release, probation and parole; and
(iv) Successfully completing an appropriate sex offender treatment program certified by the state.".
Page 19-line 1 After "(ii)" delete "," insert "and"; after "(xii)" delete "and" insert "through".
Page 19-line 2 Delete "(xiii)" insert "(xiv)". ROSS, CHAIRMAN
HB0120SW001/ADOPTED (TO ENGROSSED COPY)
Page 2-line 21 Delete "another" insert "Wyoming or any other".
Page 8-line 13 Delete "6-2-304(a)(i) or" insert "6-2-315(a)(iv), 6-2-316(a)(iii) and (iv), 6-2-317(a)(i) or W.S.".
Page 8-line 14 After "minor," delete "or".
Page 8-line 15 Delete.
Page 8-line 16 Delete through "(j),".
Page 9-line 9 After "age," insert "W.S. 6-2-314(a)(ii) and (iii), 6-2-315(a)(iii), 6-2-316(a)(i), 6-2-317(a)(ii) or 6-2-318,".
Page 9-line 12 After "performance" delete "," insert "or".
Page 9-line 13 After "(iii)," delete balance of line.
Page 9-lines 14 and 15 Delete.
Page 9-line 16 Delete through "victim,".
Page 10-line 10 Delete "(ii) or".
Page 10-line 11 After "age," insert "W.S. 6-2-314(a)(i), 6-2-315(a)(i) and (ii), 6-2-316(a)(ii),". ROSS
2/23/2007 S Passed CoW
HB0120S2001/ADOPTED (TO ENGROSSED COPY)
Page 10-line 11 After "age," delete "W.S."; after "6-4-402," delete balance of line.
Page 10-lines 12 and 13 Delete.
Page 10-line 14 Delete "victim," ROSS
HB0120S2002/FAILED (TO ENGROSSED COPY)
Page 2-line 2 After "(viii)," insert "(xi),"; after (xiv) insert ", (xviii)".
Page 2-After line 24 Insert:
"(xi) "Reside" and words of similar import mean having established a permanent or temporary residence for ten (10) or more days or having been transient within the State of Wyoming for ten (10) or more days;".
Page 3-After line 7 Insert:
"(xviii) "Educational
institution" or "institution" means any type of public or
private educational facility or program, including elementary, middle and high
schools, parochial, church and religious schools as defined by W.S. 21‑4‑101(a)(iv),
trade and professional schools, colleges and, universities and any
public or private institution whose primary purpose is service to minors;".
Page 13-lines 13 through 24 Delete including the Senate Standing Committee Amendment (HB0120SS001/AE) to these lines and insert:
"(ii) If the risk of reoffense is moderate, If the offender was convicted of an offense specified in W.S.
7-19-302(h) or (j), the notification provided
by the division shall be provided to residential neighbors within at least seven hundred fifty (750) feet of the
offenders residence, organizations in the community, including
schools, religious and youth organizations, as well
as to the persons authorized under paragraph (i) of this subsection,
within seven hundred fifty (750) feet of the
offender's residence and place of employment through non-electronic means, if electronic means are not
available, as specified in the court's order rules and regulations promulgated by the attorney general.
In addition, Notification
regarding an offender employed by or attending school at any educational
institution shall be provided upon request to a member of the institution's
campus community as defined by subsection (h) of this section;".
Page 14-lines 2 through 10 Delete and insert:
(iii) If the risk of reoffense is high, Notification of
registration under this act shall be provided by the division to the public through a public
registry and through any additional means specified in the court's order, as well as to the persons and entities
required by paragraphs (i) and (ii) of this subsection rules and regulations promulgated by the attorney general.
The division shall make the public registry available to the public through
electronic internet technology and shall include:". JENNINGS
2/26/2007 S Passed 2nd Reading
2/27/2007 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Larson, Meier, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Nays: Senator(s) Burns, Case, Massie and Mockler
Excused: Senator(s) Peck
Ayes 25 Nays 4 Excused 1 Absent 0 Conflicts 0
2/27/2007 H Received for Concurrence
2/27/2007 H Did Concur
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Gingery, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Throne, Wallis, Walsh, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Ayes 60 Nays 0 Excused 0 Absent 0 Conflicts 0
2/27/2007 Assigned Number HEA No. 0113
2/28/2007 H Speaker Signed HEA No. 0113
2/28/2007 S President Signed HEA No. 0113
3/1/2007 Governor Signed HEA No. 0113
3/6/2007 Assigned Chapter Number
Chapter No. 0160 Session Laws of Wyoming 2007.