Wyoming 2025 Regular Session

Wyoming Senate Bill SF0100 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ORIGINAL SENATE
2		-	FILE NO. SF0100
3		-	ENROLLED ACT NO. 67, SENATE
4		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
5		-	2025 GENERAL SESSION
	1	+	2025
	2	+	STATE OF WYOMING
	3	+	25LSO-0597
	4	+	ENGROSSED
	5	+	1SF0100
	6	+	SENATE FILE NO. SF0100
	7	+	Child witnesses-courtroom procedures.
	8	+	Sponsored by: Senator(s) Schuler, Brennan, Crago and Gierau
	9	+	and Representative(s) Angelos, Heiner and
	10	+	Larsen, L
	11	+	A BILL
	12	+	for
	13	+	1 AN ACT relating to criminal procedure; specifying and
	14	+	2 amending procedures for children to testify in specified
	15	+	3 criminal cases outside the presence of the defendant and
	16	+	4 the jury; specifying accommodations that may be provided to
	17	+	5 children testifying in specified criminal cases; making
	18	+	6 conforming amendments; and providing for an effective date.
	19	+	7
	20	+	8
	21	+	9
	22	+	10. W.S. 7-11-409 is created to read:
	23	+	11
	24	+	12
	25	+	13
	26	+	14 2025STATE OF WYOMING25LSO-0597
	27	+	ENGROSSED
	28	+	2SF01001 (a) In any case in which the defendant is charged
	29	+	2 with incest as defined in W.S. 6-4-402(a) or sexual assault
	30	+	3 as defined in W.S. 6-2-302 through 6-2-304 and 6-2-314
	31	+	4 through 6-2-317 and a child less than eighteen (18) years
	32	+	5 of age is the victim, the court may allow the child to
	33	+	6 testify remotely, outside the presence of the defendant or
	34	+	7 the jury, in accordance with all of the following:
	35	+	8
	36	+	9 (i) Before permitting the child to testify
	37	+	10 remotely under this subsection, the court shall hold a
	38	+	11 hearing and shall find that the child testifying in the
	39	+	12 courtroom would cause the child to suffer more than de
	40	+	13 minimis emotional distress and that remote testimony by the
	41	+	14 child is necessary to protect the welfare of the child;
	42	+	15
	43	+	16 (ii) The court may exclude the defendant from
	44	+	17 being physically present in the same room as the child
	45	+	18 during the child's testimony if the court finds that the
	46	+	19 presence of the defendant in the same room as the child is
	47	+	20 substantially likely to cause substantial emotional
	48	+	21 distress to the child and that the emotional distress is
	49	+	22 substantially likely to impair the ability of the child to
	50	+	23 communicate; 2025STATE OF WYOMING25LSO-0597
	51	+	ENGROSSED
	52	+	3SF01001
	53	+	2 (iii) If the defendant is excluded under
	54	+	3 paragraph (ii) of this subsection, the child shall testify
	55	+	4 by way of a two (2) way closed circuit television or other
	56	+	5 appropriate secure technology. The testimony of the child
	57	+	6 shall be televised live in the courtroom, and
	58	+	7 simultaneously the room in which the child is testifying
	59	+	8 shall have a monitor that displays a view of the courtroom
	60	+	9 and that displays the defendant;
	61	+	10
	62	+	11 (iv) The defendant may waive the right to have
	63	+	12 the defendant's image televised in the room in which the
	64	+	13 child is testifying;
	65	+	14
	66	+	15 (v) If the defendant is excluded from the room
	67	+	16 in which the child is testifying, the court:
	68	+	17
	69	+	18 (A) Shall provide for instantaneous,
	70	+	19 real-time communication between the defendant and the
	71	+	20 defendant's attorney;
	72	+	21 2025STATE OF WYOMING25LSO-0597
	73	+	ENGROSSED
	74	+	4SF01001 (B) Shall grant reasonable court recesses
	75	+	2 during the testimony for consultation between the defendant
	76	+	3 and the defendant's attorney;
	77	+	4
	78	+	5 (C) May communicate by audio system with
	79	+	6 attorneys outside of the courtroom.
	80	+	7
	81	+	8 (vi) If, on the motion of the district attorney
	82	+	9 and outside the presence of the jury, the court
	83	+	10 specifically finds that the child will suffer substantial
	84	+	11 emotional distress that will impair the child's ability to
	85	+	12 communicate due to the presence of the jury, the court may
	86	+	13 exclude the jury from the room in which the child is
	87	+	14 testifying. The testimony of the child shall be televised
	88	+	15 at the same time to the courtroom by closed circuit
	89	+	16 television or other real-time audio and video technology.
	90	+	17
	91	+	18 (b) In any case in which the defendant is charged
	92	+	19 with incest as defined in W.S. 6-4-402(a), sexual assault
	93	+	20 as defined in W.S. 6-2-302 through 6-2-304 and 6-2-314
	94	+	21 through 6-2-317, human trafficking as defined in W.S.
	95	+	22 6-2-701 through 6-2-703 or a violent felony as defined by
	96	+	23 W.S. 6-1-104(a)(xii) and a child less than eighteen (18) 2025STATE OF WYOMING25LSO-0597
	97	+	ENGROSSED
	98	+	5SF0100
	99	+	1 years of age is the victim, the court may, on its own
	100	+	2 motion or upon a motion by a party, provide reasonable
	101	+	3 accommodations to the child, including but not limited to
	102	+	4 the following:
	103	+	5
	104	+	6 (i) To be addressed, asked questions and read
	105	+	7 the oath or affirmation to testify truthfully in an
	106	+	8 age-appropriate manner;
	107	+	9
	108	+	10 (ii) To be free of nuisance or harassing tactics
	109	+	11 in the proceeding;
	110	+	12
	111	+	13 (iii) To have a person who would contribute to
	112	+	14 the well-being of the child present, clearly visible and in
	113	+	15 close proximity, if the person is not and will not be a
	114	+	16 witness in the proceeding;
	115	+	17
	116	+	18 (iv) To have sufficient breaks in the
	117	+	19 proceedings to allow for the comfort of the child;
	118	+	20
	119	+	21 (v) To have a certified therapeutic dog, an item
	120	+	22 used to provide psychological comfort, or both, present in
	121	+	23 the room with the child. 2025STATE OF WYOMING25LSO-0597
	122	+	ENGROSSED
	123	+	6SF0100
6	124		1
7		-	AN ACT relating to criminal procedure; specifying and
8		-	amending procedures for children to testify in specified
9		-	criminal cases outside the presence of the defendant and
10		-	the jury; specifying accommodations that may be provided to
11		-	children testifying in specified criminal cases; making
12		-	conforming amendments; and providing for an effective date.
13		-	Be It Enacted by the Legislature of the State of Wyoming:
14		-	Section 1. W.S. 7-11-409 is created to read:
15		-	7-11-409. Testimony from child witnesses;
16		-	accommodations.
17		-	(a) In any case in which the defendant is charged
18		-	with incest as defined in W.S. 6-4-402(a) or sexual assault
19		-	as defined in W.S. 6-2-302 through 6-2-304 and 6-2-314
20		-	through 6-2-317 and a child less than eighteen (18) years
21		-	of age is the victim, the court may allow the child to
22		-	testify remotely, outside the presence of the defendant or
23		-	the jury, in accordance with all of the following:
24		-	(i) Before permitting the child to testify
25		-	remotely under this subsection, the court shall hold a
26		-	hearing and shall find that the child testifying in the
27		-	courtroom would cause the child to suffer more than de
28		-	minimis emotional distress and that remote testimony by the
29		-	child is necessary to protect the welfare of the child;
30		-	(ii) The court may exclude the defendant from
31		-	being physically present in the same room as the child
32		-	during the child's testimony if the court finds that the
33		-	presence of the defendant in the same room as the child is
34		-	substantially likely to cause substantial emotional
35		-	distress to the child and that the emotional distress is ORIGINAL SENATE
36		-	FILE NO. SF0100
37		-	ENROLLED ACT NO. 67, SENATE
38		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
39		-	2025 GENERAL SESSION
40		-	2
41		-	substantially likely to impair the ability of the child to
42		-	communicate;
43		-	(iii) If the defendant is excluded under
44		-	paragraph (ii) of this subsection, the child shall testify
45		-	by way of a two (2) way closed circuit television or other
46		-	appropriate secure technology. The testimony of the child
47		-	shall be televised live in the courtroom, and
48		-	simultaneously the room in which the child is testifying
49		-	shall have a monitor that displays a view of the courtroom
50		-	and that displays the defendant;
51		-	(iv) The defendant may waive the right to have
52		-	the defendant's image televised in the room in which the
53		-	child is testifying;
54		-	(v) If the defendant is excluded from the room
55		-	in which the child is testifying, the court:
56		-	(A) Shall provide for instantaneous,
57		-	real-time communication between the defendant and the
58		-	defendant's attorney;
59		-	(B) Shall grant reasonable court recesses
60		-	during the testimony for consultation between the defendant
61		-	and the defendant's attorney;
62		-	(C) May communicate by audio system with
63		-	attorneys outside of the courtroom.
64		-	(vi) If, on the motion of the district attorney
65		-	and outside the presence of the jury, the court
66		-	specifically finds that the child will suffer substantial
67		-	emotional distress that will impair the child's ability to
68		-	communicate due to the presence of the jury, the court may ORIGINAL SENATE
69		-	FILE NO. SF0100
70		-	ENROLLED ACT NO. 67, SENATE
71		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
72		-	2025 GENERAL SESSION
73		-	3
74		-	exclude the jury from the room in which the child is
75		-	testifying. The testimony of the child shall be televised
76		-	at the same time to the courtroom by closed circuit
77		-	television or other real-time audio and video technology.
78		-	(b) In any case in which the defendant is charged
79		-	with incest as defined in W.S. 6-4-402(a), sexual assault
80		-	as defined in W.S. 6-2-302 through 6-2-304 and 6-2-314
81		-	through 6-2-317, human trafficking as defined in W.S.
82		-	6-2-701 through 6-2-703 or a violent felony as defined by
83		-	W.S. 6-1-104(a)(xii) and a child less than eighteen (18)
84		-	years of age is the victim, the court may, on its own
85		-	motion or upon a motion by a party, provide reasonable
86		-	accommodations to the child, including but not limited to
87		-	the following:
88		-	(i) To be addressed, asked questions and read
89		-	the oath or affirmation to testify truthfully in an
90		-	age-appropriate manner;
91		-	(ii) To be free of nuisance or harassing tactics
92		-	in the proceeding;
93		-	(iii) To have a person who would contribute to
94		-	the well-being of the child present, clearly visible and in
95		-	close proximity, if the person is not and will not be a
96		-	witness in the proceeding;
97		-	(iv) To have sufficient breaks in the
98		-	proceedings to allow for the comfort of the child;
99		-	(v) To have a certified therapeutic dog, an item
100		-	used to provide psychological comfort, or both, present in
101		-	the room with the child. ORIGINAL SENATE
102		-	FILE NO. SF0100
103		-	ENROLLED ACT NO. 67, SENATE
104		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
105		-	2025 GENERAL SESSION
106		-	4Section 2. W.S. 7-11-408(h) and by creating a new
107		-	subsection (j) is amended to read:
108		-	7-11-408. Videotape depositions.
109		-	(h) If the prosecutor elects to utilize a videotaped
110		-	deposition pursuant to this section, the child will not or
111		-	is unable to provide live testimony in accordance with W.S.
112		-	7-11-409 and the videotape has been taken and is
113		-	admissible, the child may not testify in court without the
114		-	consent of the defendant.
115		-	(j) The court may provide for the child to testify
116		-	under the conditions specified in W.S. 7-11-409 in lieu of
117		-	a videotaped deposition under this section. Nothing in this
118		-	subsection shall be construed to affect the accommodations
119		-	available under W.S. 7-11-409(b) for the child. ORIGINAL SENATE
120		-	FILE NO. SF0100
121		-	ENROLLED ACT NO. 67, SENATE
122		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
123		-	2025 GENERAL SESSION
124		-	5Section 3. This act is effective July 1, 2025.
125		-	(END)
126		-	Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
127		-	I hereby certify that this act originated in the Senate.
128		-	Chief Clerk
	125	+	2W.S. 7-11-408(h) and by creating a new
	126	+	3 subsection (j) is amended to read:
	127	+	4
	128	+	5
	129	+	6
	130	+	7 (h) If the prosecutor elects to utilize a videotaped
	131	+	8 deposition pursuant to this section, the child will not or
	132	+	9
	133	+	10 and the videotape has been taken and is
	134	+	11 admissible, the child may not testify in court without the
	135	+	12 consent of the defendant.
	136	+	13
	137	+	14
	138	+	15
	139	+	16
	140	+	17
	141	+	18
	142	+	19
	143	+	20. This act is effective July 1, 2025
	144	+	21
	145	+	22 (END)