Wyoming 2025 Regular Session

Wyoming Senate Bill SF0007 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ORIGINAL SENATE
2		-	FILE NO. SF0007
3		-	ENROLLED ACT NO. 33, SENATE
4		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
5		-	2025 GENERAL SESSION
	1	+	2025
	2	+	STATE OF WYOMING
	3	+	25LSO-0121
	4	+	ENGROSSED
	5	+	1SF0007
	6	+	SENATE FILE NO. SF0007
	7	+	Protection order amendments.
	8	+	Sponsored by: Joint Judiciary Interim Committee
	9	+	A BILL
	10	+	for
	11	+	1 AN ACT relating to stalking, sexual assault and domestic
	12	+	2 violence protection orders; amending provisions regarding
	13	+	3 the appointment of counsel; amending filing, service and
	14	+	4 notice requirements for protection orders; authorizing
	15	+	5 orders extending protection orders to be served upon the
	16	+	6 respondent by mail as specified; specifying who may file a
	17	+	7 petition on behalf of a victim of domestic abuse; amending
	18	+	8 definitions; specifying applicability; and providing for an
	19	+	9 effective date.
	20	+	10
	21	+	11
	22	+	12
	23	+	13. W.S. 7-3-506(a)(i), 7-3-507(d), 7-3-510(a)
	24	+	14 and (b), 35-21-102(a)(ii), 35-21-103(a) and (e) and
	25	+	15 35-21-106(a) and (b) are amended to read:
	26	+	16 2025STATE OF WYOMING25LSO-0121
	27	+	ENGROSSED
	28	+	2SF00071
	29	+	2
	30	+	3 (a) As used in W.S. 7-3-506 through 7-3-512:
	31	+	4
	32	+	5 (i) "Court" means the circuit court in the
	33	+	6 county where an alleged victim of stalking or sexual
	34	+	7 assault resides, or where the alleged perpetrator
	35	+	8 of the stalking or sexual assault is found
	36	+	9;
	37	+	10
	38	+	11
	39	+	12
	40	+	13
	41	+	14
	42	+	15 (d) The attorney general shall promulgate a standard
	43	+	16 petition form
	44	+	17 clerk of the circuit or district court shall make standard
	45	+	18 petition forms available to petitioners, with instructions
	46	+	19 for completion, without charge. If the petition is not
	47	+	20 filed by the district attorney, the court may appoint an
	48	+	21 attorney to represent
	49	+	22.
	50	+	23 victim from hiring an attorney or filing a petition pro se. 2025STATE OF WYOMING25LSO-0121
	51	+	ENGROSSED
	52	+	3SF0007
6	53		1
7		-	AN ACT relating to stalking, sexual assault and domestic
8		-	violence protection orders; amending provisions regarding
9		-	the appointment of counsel; amending filing, service and
10		-	notice requirements for protection orders; authorizing
11		-	orders extending protection orders to be served upon the
12		-	respondent by mail as specified; specifying who may file a
13		-	petition on behalf of a victim of domestic abuse; amending
14		-	definitions; specifying applicability; and providing for an
15		-	effective date.
16		-	Be It Enacted by the Legislature of the State of Wyoming:
17		-	Section 1
18		-	and (b), 35-21-102(a)(ii), 35-21-103(a) and (e) and
19		-	35-21-106(a) and (b) are amended to read:
20		-	7-3-506. Definitions.
21		-	(a) As used in W.S. 7-3-506 through 7-3-512:
22		-	(i) "Court" means the circuit court in the
23		-	county where an alleged victim of stalking or sexual
24		-	assault resides, or where the alleged perpetrator
25		-	of the stalking or sexual assault is found
26		-	where an act of stalking or sexual assault occurred;
27		-	7-3-507. Petition for order of protection; contents;
28		-	prerequisites; appointment of an attorney; remote
29		-	appearance at hearings.
30		-	(d) The attorney general shall promulgate a standard
31		-	petition form may be used by petitioners. The
32		-	clerk of the circuit or district court shall make standard
33		-	petition forms available to petitioners, with instructions
34		-	for completion, without charge. If the petition is not ORIGINAL SENATE
35		-	FILE NO. SF0007
36		-	ENROLLED ACT NO. 33, SENATE
37		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
38		-	2025 GENERAL SESSION
39	54		2
40		-	filed by the district attorney, the court may appoint an
41		-	attorney to represent
42		-	the action.
43		-	victim from hiring an attorney or filing a petition pro se.
44		-	7-3-510. Service of order; duration and extension of
45		-	order; violation; remedies not exclusive.
46		-	(a) An order of protection granted under W.S. 7-3-509
47		-	shall be
48		-	Rules of Civil Procedure. A copy of the order of protection
49		-	shall be filed with the sheriff of the county
50		-	the clerk of court and a copy shall be sent by the clerk to
51		-	the county sheriff who shall, after service, notify the
52		-	local law enforcement agency within the county in which the
53		-	petitioner resides.
54		-	upon the respondent unless the respondent or the
55		-	respondent's attorney was present in person or by remote
56		-	means at the time the order was granted.
57		-	(b) Except as otherwise provided by this subsection,
58		-	an order of protection granted by the court under W.S.
59		-	7-3-509 shall be effective for a fixed period of time not
60		-	to exceed three (3) years, subject to the following:.
61		-	(i) Either party may move to modify, terminate
62		-	or extend the order. The order may be extended repetitively
63		-	upon a showing of good cause for additional periods of
64		-	time, not to exceed three (3) years each, if the court
65		-	finds from specific facts that a clear and present danger
66		-	to the victim continues to exist.
67		-	of protection under this paragraph shall be served upon the
68		-	respondent by mailing the order to the last known address
69		-	of the respondent on file with the clerk of court by ORIGINAL SENATE
70		-	FILE NO. SF0007
71		-	ENROLLED ACT NO. 33, SENATE
72		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
73		-	2025 GENERAL SESSION
74	55		3
75		-	certified and firstclass mail, and shall constitute valid
76		-	notice of the extension;
77		-	(ii) If a party subject to an order of
78		-	protection is sentenced and incarcerated or becomes
79		-	imprisoned, the running of the time remaining for the order
80		-	of protection shall be tolled during the term of
81		-	incarceration or imprisonment. The conditions and
82		-	provisions of an order of protection shall remain in effect
83		-	during any period of tolling under this
84		-	paragraph. Upon release from incarceration or imprisonment
85		-	the effective period of the order of protection shall be
86		-	the amount of time remaining as of the first day of the
87		-	term of incarceration or imprisonment or one (1) year from
88		-	the date of release, whichever is greater.
89		-	35-21-102. Definitions.
90		-	(a) As used in this act:
91		-	(ii) "Court" means the circuit court
92		-	county does not have a circuit court, the district court
93		-	the county where alleged victim of domestic abuse
94		-	resides or is found, where an alleged perpetrator of the
95		-	domestic abuse resides or is found or where an act of
96		-	domestic abuse occurred;
97		-	35-21-103. Petition for order of protection;
98		-	contents; prerequisites; appointment of an attorney; award
99		-	of costs and fees; remote appearance at hearings.
100		-	(a)
101		-	may petition the court under this act by filing a petition
102		-	with the circuit court clerk ORIGINAL SENATE
103		-	FILE NO. SF0007
104		-	ENROLLED ACT NO. 33, SENATE
105		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
106		-	2025 GENERAL SESSION
107	56		4
108		-	the county does not have a circuit court
109		-	protection:
110		-	(i) The victim;
111		-	(ii) If the victim consents, the district
112		-	attorney on behalf of the victim; or
113		-	(iii) Any person with legal authority to act on
114		-	behalf of the victim if the victim is:
115		-	(A) A minor;
116		-	(B) A vulnerable adult as defined in W.S.
117		-	35-20-102(a)(xviii);
118		-	(C) Any other adult who, because of age,
119		-	disability, health or inaccessibility, cannot file the
120		-	petition.
121		-	(e) The clerk of the court shall make available
122		-	standard petition forms with instructions for completion to
123		-	be used by a petitioner. Forms are to be prepared by the
124		-	victim services division within the office of the attorney
125		-	general. Upon receipt of the initial petition by the clerk
126		-	of the court, the clerk shall refer the matter to the
127		-	court. The court may appoint an attorney to
128		-	advise the petitioner or the petitioner may hire
129		-	the victim in the action.
130		-	prevent the victim from hiring
131		-	petition pro se.
132		-	35-21-106. Service of order; duration and extension
133		-	of order; violation; remedies not exclusive. ORIGINAL SENATE
134		-	FILE NO. SF0007
135		-	ENROLLED ACT NO. 33, SENATE
136		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
137		-	2025 GENERAL SESSION
138		-	5(a) An order of protection granted under
139		-	W.S. 35-21-105
140		-	copy shall be sent by the clerk to the county sheriff who
141		-	shall, after service, notify the local law enforcement
142		-	agency within the county in which the petitioner resides.
143		-	The order shall be personally served upon the respondent,
144		-	unless
145		-	attorney was present at the
146		-	time the order was issued granted.
147		-	(b) Except as otherwise provided by this subsection,
148		-	an order of protection granted by the court under W.S.
149		-	35-21-105 shall be effective for a fixed period of time not
150		-	to exceed three (3) years, subject to the following:.
151		-	(i) Either party may move to modify, terminate
152		-	or extend the order. The order may be extended repetitively
153		-	upon a showing of good cause for additional periods of time
154		-	not to exceed three (3) years each.
155		-	order of protection under this paragraph shall be served
156		-	upon the respondent by mailing the order to the last known
157		-	address of the respondent on file with the clerk of court
158		-	by certified and first‑class mail, and shall constitute
159		-	valid notice of the extension;
160		-	(ii) If a party subject to an order of
161		-	protection is sentenced and incarcerated or becomes
162		-	imprisoned the running of the time remaining for the order
163		-	of protection shall be tolled during the term of
164		-	incarceration or imprisonment. The conditions and
165		-	provisions of an order of protection shall remain in effect
166		-	during any period of tolling under this
167		-	paragraph. Upon release from incarceration or imprisonment
168		-	the effective period of the order of protection shall be
169		-	the amount of time remaining as of the first day of the ORIGINAL SENATE
170		-	FILE NO. SF0007
171		-	ENROLLED ACT NO. 33, SENATE
172		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
173		-	2025 GENERAL SESSION
	57	+	5 (a) An order of protection granted under W.S. 7-3-509
	58	+	6 shall be
	59	+	7
	60	+	8
	61	+	9
	62	+	10
	63	+	11
	64	+	12.
	65	+	13
	66	+	14
	67	+	15
	68	+	16
	69	+	17 (b) Except as otherwise provided by this subsection,
	70	+	18 an order of protection granted by the court under W.S.
	71	+	19 7-3-509 shall be effective for a fixed period of time not
	72	+	20 to exceed three (3) years.
	73	+	21
	74	+	22
	75	+	23 or extend the order. The order may be extended repetitively 2025STATE OF WYOMING25LSO-0121
	76	+	ENGROSSED
	77	+	4SF0007
	78	+	1 upon a showing of good cause for additional periods of
	79	+	2 time, not to exceed three (3) years each, if the court
	80	+	3 finds from specific facts that a clear and present danger
	81	+	4 to the victim continues to exist.
	82	+	5
174	83		6
175		-	term of incarceration or imprisonment or one (1) year from
176		-	the date of release, whichever is greater. The filing of an
177		-	action for divorce shall not supersede an order of
178		-	protection granted under this act.
179		-	Section 2. This act shall apply to petitions for
180		-	stalking, sexual assault and domestic violence protection
181		-	orders that are filed on and after July 1, 2025.
182		-	Section 3. This act is effective July 1, 2025.
183		-	(END)
184		-	Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
185		-	I hereby certify that this act originated in the Senate.
186		-	Chief Clerk
	84	+	7
	85	+	8‑class mail, and shall constitute valid
	86	+	9
	87	+	10
	88	+	11
	89	+	12 protection is sentenced and incarcerated or becomes
	90	+	13 imprisoned, the running of the time remaining for the order
	91	+	14 of protection shall be tolled during the term of
	92	+	15 incarceration or imprisonment. The conditions and
	93	+	16 provisions of an order of protection shall remain in effect
	94	+	17 during any period of tolling under this
	95	+	18. Upon release from incarceration or imprisonment
	96	+	19 the effective period of the order of protection shall be
	97	+	20 the amount of time remaining as of the first day of the
	98	+	21 term of incarceration or imprisonment or one (1) year from
	99	+	22 the date of release, whichever is greater.
	100	+	23 2025STATE OF WYOMING25LSO-0121
	101	+	ENGROSSED
	102	+	5SF00071
	103	+	2
	104	+	3 (a) As used in this act:
	105	+	4
	106	+	5 (ii) "Court" means the circuit court
	107	+	6
	108	+	7 the county where alleged victim of domestic abuse
	109	+	8 resides or is found, where an alleged perpetrator of the
	110	+	9
	111	+	10;
	112	+	11
	113	+	12
	114	+	13
	115	+	14
	116	+	15
	117	+	16 (a) A victim of domestic abuse
	118	+	17 may petition the court under this act by filing a petition
	119	+	18 with the circuit court clerk
	120	+	19
	121	+	20 protection:
	122	+	21
	123	+	22
	124	+	23 2025STATE OF WYOMING25LSO-0121
	125	+	ENGROSSED
	126	+	6SF00071
	127	+	2
	128	+	3
	129	+	4
	130	+	5
	131	+	6
	132	+	7
	133	+	8
	134	+	9
	135	+	10
	136	+	11
	137	+	12
	138	+	13
	139	+	14.
	140	+	15
	141	+	16 (e) The clerk of the court shall make available
	142	+	17 standard petition forms with instructions for completion to
	143	+	18 be used by a petitioner. Forms are to be prepared by the
	144	+	19 victim services division within the office of the attorney
	145	+	20 general. Upon receipt of the initial petition by the clerk
	146	+	21 of the court, the clerk shall refer the matter to the
	147	+	22 court. The court may appoint an attorney to
	148	+	23 2025STATE OF WYOMING25LSO-0121
	149	+	ENGROSSED
	150	+	7SF0007
	151	+	1.
	152	+	2 an attorney or
	153	+	3 pro se
	154	+	4
	155	+	5
	156	+	6
	157	+	7
	158	+	8 (a) An order of protection granted under
	159	+	9
	160	+	10 copy shall be sent by the clerk to the county sheriff who
	161	+	11 shall, after service, notify the local law enforcement
	162	+	12 agency within the county in which the petitioner resides.
	163	+	13 The order shall be personally served upon the respondent,
	164	+	14 unless
	165	+	15 attorney was present at the
	166	+	16 time the order was issued granted.
	167	+	17
	168	+	18 (b) Except as otherwise provided by this subsection,
	169	+	19 an order of protection granted by the court under W.S.
	170	+	20 35-21-105 shall be effective for a fixed period of time not
	171	+	21 to exceed three (3) years.
	172	+	22 2025STATE OF WYOMING25LSO-0121
	173	+	ENGROSSED
	174	+	8SF00071 Either party may move to modify, terminate
	175	+	2 or extend the order. The order may be extended repetitively
	176	+	3 upon a showing of good cause for additional periods of time
	177	+	4 not to exceed three (3) years each.
	178	+	5
	179	+	6
	180	+	7
	181	+	8class mail, and shall constitute
	182	+	9
	183	+	10
	184	+	11
	185	+	12 protection is sentenced and incarcerated or becomes
	186	+	13 imprisoned the running of the time remaining for the order
	187	+	14 of protection shall be tolled during the term of
	188	+	15 incarceration or imprisonment. The conditions and
	189	+	16 provisions of an order of protection shall remain in effect
	190	+	17 during any period of tolling under this
	191	+	18. Upon release from incarceration or imprisonment
	192	+	19 the effective period of the order of protection shall be
	193	+	20 the amount of time remaining as of the first day of the
	194	+	21 term of incarceration or imprisonment or one (1) year from
	195	+	22 the date of release, whichever is greater. The filing of an 2025STATE OF WYOMING25LSO-0121
	196	+	ENGROSSED
	197	+	9SF0007
	198	+	1 action for divorce shall not supersede an order of
	199	+	2 protection granted under this act.
	200	+	3
	201	+	4. This act shall apply to petitions for
	202	+	5 stalking, sexual assault and domestic violence protection
	203	+	6 orders that are filed on and after July 1, 2025.
	204	+	7
	205	+	8. This act is effective July 1, 2025.
	206	+	9
	207	+	10 (END)