TITLE 7
CRIMINAL PROCEDURE
CHAPTER 1
GENERAL PROVISIONS
71101.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.
71102.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.
71103.Payment of costs in misdemeanor cases.
In all misdemeanor cases the county shall pay the costs if the defendant is acquitted.
71104.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.
71105.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.
71106.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".
(c)All matters relating to the content and form of indictments, informations and complaints shall be governed by the rules promulgated by the Wyoming supreme court.
71107.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. 71107 and 71108:
(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. "Juvenile detention facility" does not include any residential treatment facility which is operated for the primary purpose of providing treatment to a child. 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. 126101(b) or (c) or any similar municipal ordinance;
(iv)"Hardware secure juvenile detention facility" means a facility used for the detention of minors that is characterized by locks on the doors and other restrictive hardware designed to restrict the movement of the minors and protect public safety;
(v)"Shelter care" means as defined in W.S. 146201(a)(xxii);
(vi)"Staff secure juvenile detention facility" means a facility used for the detention of minors that is characterized by a trained staff to supervise the movement and activities of detained minors at the facility, without the additional use of hardware secure equipment.
71108.Incarceration of juvenile offenders.
(a)Effective July 1, 1995, no minor convicted of a status offense as defined by W.S. 71107(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.
(c)Except for an alleged delinquent minor who is released to the custody of the minor's parent, guardian or custodian, with verbal counsel, warning or a written promise to appear in court, the person taking the minor into custody shall ensure a juvenile detention risk assessment shall be promptly performed, using a uniform assessment instrument designed by the county sheriffs. If the risk assessment finds that the minor is a serious risk to himself or to the safety of others, the minor may be:
(i)Placed in a hardware or staff secure juvenile detention facility;
(ii)Transferred to a medical facility if the minor is believed to be suffering from a serious physical or mental illness that requires prompt diagnosis or treatment;
(iii)If the minor is not held pursuant to paragraph (i) of this subsection, placed in shelter care or a staff secure juvenile detention facility, or released to a parent, guardian or other custodian who can provide supervision and care for the minor pending the minor's appearance in court. If no space is available in shelter care or a staff secure juvenile detention facility, the minor may be held in a hardware secure juvenile detention facility.
(d)A minor under the age of eleven (11) years shall not be held in a hardware secure juvenile detention facility. If the minor under the age of eleven (11) years poses a substantial risk of harm to himself or others, a peace officer may detain and transport the minor for an emergency mental health evaluation.
(e)If a minor is taken into custody and is not released to the minor's parent, guardian or custodian, the person taking the minor into custody shall give notice thereof to the minor's parent, guardian or custodian as soon as possible, and in no case later than twenty-four (24) hours after taking the minor into custody.
(f)The county sheriffs shall report on and the department of family services shall collect and analyze data regarding the application of the juvenile detention risk assessment instruments specified under W.S. 56113(c) and subsection (c) of this section and shall report to the joint judiciary interim committee annually beginning January 1, 2011 and every January 1 thereafter.
71109.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, but not later than forty-eight (48) hours after the date on which the information or indictment is presented, 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. 354130(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. 354130(b). Testing for sexually transmitted diseases done under this subsection shall be conducted as soon as practicable, but no later than forty-eight (48) hours after the date on which the information or indictment is presented.
(c)Any person convicted of a sex offense shall, at the request of the victim, be examined as soon as practicable, but not later than forty-eight (48) hours 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. 354130 through 354134 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. Additional testing under this section shall be performed as medically appropriate and shall be made available in accordance with the provisions of this section.
(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. 354132(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. 713301;
(ii)"Sex offense" means sexual assault under W.S. 62302 through 62304, attempted sexual assault, conspiracy to commit sexual assault, incest under W.S. 64402 or sexual abuse of a minor under W.S. 62314 through 62317.
CHAPTER 2
PEACE OFFICERS
72101.Definitions.
(a)As used in W.S. 72101 through 72107:
(i)"Deadly weapon" means as defined by W.S. 61104(a)(iv);
(ii)"Felony" means as defined by W.S. 610101;
(iii)"Misdemeanor" means as defined by W.S. 610101;
(iv)"Peace officer" means:
(A)Any duly authorized sheriff, under sheriff or deputy sheriff who has qualified pursuant to W.S. 91701 through 91707;
(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. 91701 through 91707;
(C)Game and fish law enforcement personnel qualified pursuant to W.S. 91701 through 91707 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;
(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; or
(IV)While performing a vehicle identification number (VIN) inspection on any watercraft trailer if performed contemporaneously with a hull identification number (HIN) inspection or motorboat certificate of number inspection on a watercraft being carried on the trailer.
(D)Agents of the division of criminal investigation appointed pursuant to W.S. 91613 who have qualified pursuant to W.S. 91701 through 9-1-707;
(E)Investigators and brand inspectors of the Wyoming livestock board who have qualified pursuant to W.S. 91701 through 91707:
(I)When enforcing W.S. 63201, 63203, 63401 through 63403, 63407, 63410, 63601 through 63603, 63607, 63610 through 63612, 69202, 3510101, 3510102 and 3510104, 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. 91701 through 91707;
(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. 91701 through 91707, 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. 91701 through 91707;
(J)Investigators employed by the Wyoming state board of outfitters and professional guides and qualified pursuant to W.S. 91701 through 91707, when enforcing W.S. 232401 and 232406 through 232418 and board rules and regulations promulgated under W.S. 232410(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. 183602(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;
(N)The director and full-time staff instructors of the Wyoming law enforcement academy when duly appointed and acting pursuant to W.S. 91633(b); and
(O)Any duly authorized court security officer employed by the Wyoming supreme court who is qualified pursuant to W.S. 91701 through 91707 when:
(I)Enforcing Wyoming statutes or supreme court rules on premises where the supreme court is conducting business;
(II)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 state statute, or for whom an arrest warrant is outstanding for any criminal offense; or