미국 와이오밍주 형사소송법

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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".

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.

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.

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 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).

be examined as soon as practicable 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.

(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;

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; and

(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).

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

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 sign a citation promising to appear in court at the time and on

the date specified in the citation.

(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.

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.

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.

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) or (b) 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.

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.

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.

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.

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.

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.

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.

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 section [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.

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

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. 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).

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.

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.

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;

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;

(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 fre

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