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WYOMING Chapter ACLU 59th legislature issues (as of February 27, 2008)
HB 0003 -- Campaign Finance Reporting
Sponsored by: Joint Corporations, Elections and Political Subdivisions Interim Committee
AN ACT relating to campaign finance reporting; providing for electronic filing of campaign finance reports; specifying where reports shall be filed; providing for a searchable database of reports; providing an appropriation; and providing for an effective date.
Monitor.
(update) S introduced and referred to S07

HB 0008 -- Election Code Revisions
Sponsored by: Joint Corporations, Elections and Political Subdivisions Interim Committee
AN ACT relating to elections; providing for transmission of certifications; providing for registration prior to an election; providing for full legal names on registrations; removing certain filing fees as specified; providing for the order of offices on nonpartisan and partisan ballots; providing for opening of ballot boxes; removing requirement that county attorneys conduct training school; repealing provisions for folded ballots; clarifying time periods; repealing requirements for numbers of ballots to be printed; repealing provisions related to voting slips; and providing for an effective date.
Monitor. (update) S introduced and referred to S07

HB 0024 -- Criminal Investigations and Repeal of Grand Jury
Sponsored by: GINGERY
AN ACT relating to criminal procedure; providing for subpoena power by prosecutors during investigations; providing for disclosures to witnesses; providing for undisclosed questioning; authorizing the appointment of investigators hired by district attorneys as peace officers; repealing grand jury authority; and providing for an effective date.
We will be opposing this bill, as I believe it allows too much power for prosecutors and does away with important safe guards of the grand jury procedure.
(update) Failed committee vote

HB 0035 -- Underage Drinking
Sponsored by: GINGERY
AN ACT relating to alcohol; creating an offense for persons under age twenty-one (21) years who attempt or gain admittance to liquor dispensing rooms or drive-in liquor areas as specified; expanding offenses for persons under the age of twenty-one (21) years who possess or consume alcohol; providing penalties; providing for prima facie evidence; providing a definition; limiting possession or consumption of alcohol by a person under the age of twenty-one (21) years in the presence of a parent or guardian as specified; and providing for an effective date.
Monitor.
(update) Failed Introduction

HB 0043 -- Penalties for Domestic Violence
Sponsored by: BERGER
AN ACT relating to crimes and offenses; increasing penalties for domestic violence offenses as specified; and providing for an effective date.
Monitor
. (update) S introduced and referred to S01

HB 0049 -- Juvenile Courts Procedures
Sponsored by: BUCHANAN
AN ACT relating to juveniles; repealing the right to a jury trial in juvenile actions; amending the maximum time in which a juvenile matter may be adjudicated as specified; and providing for an effective date.
This bill does away with important due process rights for juveniles and in no way deals with the overwhelming problems of Wyoming Juvenile Justice System.
(update) Failed Introduction

HB 0050 -- Restoration of Rights
Sponsored by: WARREN
AN ACT relating to restoration of rights lost as a result of a felony conviction; modifying eligibility requirements for restoration of voting rights as specified; requiring that persons be provided with notice of eligibility for restoration of rights; and providing for an effective date.
We will be supporting this bill in order to provide voting rights for disenfranchised felons.
Failed Introduction

HB 0062 -- Illegal Immigration
Sponsored by: ILLOWAY
AN ACT relating to illegal immigration; establishing an offense for transportation or concealment of illegal aliens; providing a penalty; requiring certain employers to verify the citizenship status of employees; requiring state agencies and political subdivisions to verify the citizenship status of applicants for certain public benefits; requiring a report; providing a cause of action against entities employing illegal aliens as specified; authorizing the attorney general to negotiate a memorandum of understanding regarding immigration with the appropriate federal agency; establishing rules for the communication of information related to immigration status; requiring the determination of the immigration status of certain prisoners; authorizing the establishment of the fraudulent documents identification unit in the division of criminal investigation; requiring certain documentation for the issuance of a driver's license or identification card; requiring rulemaking; and providing for an effective date.
There are several areas of this bill that are most likely unconstitutional usurping of federal rights regarding immigration. The verification of citizenship has generally been found to be both impossible and expensive to states and localities as there are no accurate federal data basis. We will be strongly opposing this bill.
Failed Introduction

HB 0068 Drug Court Accountability and Treatment Act
Sponsored by GINGERLY
AN ACT relating to drug and other specialized courts; providing definitions; creating a new drug court program; repealing existing drug court program; repealing teen court program; expanding and modifying application of drug and other specialized courts; providing purposes of the act; requiring rulemaking; specifying requirements and procedures for participation of a drug offender in a drug court program; increasing maximum extended probation period for persons in substance abuse treatment programs or drug courts; providing for confidentiality and release of records; establishing a state drug court advisory commission and local advisory committees; requiring reports; specifying applicability of the act; providing for transition of programs; and providing for effective dates.
Monitor. (update) Failed Introduction

HB 0076 -- Criminal Street Gangs
Sponsored by: STEWARD
AN ACT relating to crimes and offenses; creating the crime of intimidation in furtherance of the interests of criminal street gang: creating enhanced sentencing penalties for felonies committed in furtherance of the interests of a criminal street gang; amending the offense of property destruction and defacement to explicitly include graffiti; providing for a minimum sentence for felony property destruction and defacement; providing definitions; and providing for an effective date.
We will be lobbying against this bill as far too broad in “intimidation in furtherance of the interests of criminal street gang: or felonies committed in furtherance of the interests of a criminal street gang” to be constitutional. The offense of destruction and defacement of property already exists – again we are creating more and more felonies to deal with issues that are not really problems to be dealt with as felonies. (update) S introduced and referred to S06

HB 0080 -- Graffiti
Sponsored by ESQUIBEL, COOPER, FECHT
AN ACT relating to crimes and offenses against property; creating the crime of vandalism by graffiti; providing penalties; providing a definition; creating the crime of selling aerosol paint to minor and of minors purchasing aerosol paint; providing for posting of notices; and providing for an effective date.
Vandalism and destruction of property are already offenses we do not need more specific crimes – selling aerosol paint to minors? This is a ridiculous waste of time and is another bill that simply panders to someone, solves nothing. Failed Introduction

HB 0097 -- Juvenile Hearings – Continuances
Sponsored by: LUBNAU
AN Act relating to juveniles; authorizing continuances for specified juvenile hearings: and providing for an effective date.
We will oppose this bill as another bill that tries to limit due process rights for juveniles, does not meet constitutional standards and is unnecessary. (update) S introduced and referred to S01

HB 0145 Professional and commercial licenses – lawful residents
Sponsored by SIMPSON, MERCER AND PERKINS
AN ACT relating to the administration of government; providing that any state or local benefit shall be awarded only to a person lawfully in the United States as specified; providing definitions and providing for an effective date.
This bill is another anti-immigrant bill. We oppose this bill and suppose that it is unconstitutional re: employers. (update) H passed 2 reading

HB 0172 -- Homicide During Pregnancy
Sponsored by: HARSHMAN, GINGERY, OLSEN, ROSS
AN ACT relating to crime and offenses; establishing the offense of involuntary termination of pregnancy; imposing a penalty; and providing for an effective date.
This is a bill we will closely monitor as the language is acceptable as is but any changes could cause significant problems. Failed Introduction

HB 0173 -- Aggravated Assault and Battery Penalties
Sponsored by: HARSHMAN, GINGERY, ROSS
AN ACT relating to aggravated assault and battery; providing an increased penalty for certain acts constituting aggravated assault and battery as specified; and providing for an effective date.
We will oppose this bill as being a mandatory minimums bill which removes discretion and judgment of the court. (update) H placed on consent list

HJ 0001 -- Initiative and Referendum requirements
Sponsored by: BROWN
A JOINT RESOLUTION proposing to amend the Wyoming Constitution to modify the signature requirement for a petition for an initiative or referendum; changing the requirement from fifteen percent of those resident in at least two-thirds of the counties to at least fifteen percent of those resident in at least two-thirds of the senate districts in the state.
Monitor. (update) H passed CoW

SF 0066 -- Community Juvenile Service
Sponsored by JOINT JUDICIARY INTERIM COMMITTEE
An Act relating to community juvenile services; repealing references to multidisciplinary teams in the Community Juvenile Services Act; specifying membership of community juvenile services boards; specifying requirements for community juvenile services boards to qualify for state funding; requiring a report; providing an appropriation; and providing for an effective date.
This bill does nothing to deal with current problems in the juvenile justice system and simply throws money at the current jumble of programs.
(update) S passed on 2nd reading

SF 0064 -- Valid Court Orders SF0064
Sponsored by JOINT JUDICIARY INTERIM COMMITTEE
An Act relating to juveniles; clarifying that a child may be subject to return to court for violation of the terms of a court order issued by a juvenile court; requiring a timely interview of a child before an informal hearing to determine if the child should be held in detention as specified; requiring a juvenile court judge to explain the terms of an order to the child and other specified persons; clarifying the prohibition against placing a child in need of supervision in a jail; and providing for an effective date.
This bill is needed to bring Wyoming into compliance with federal guidelines on juvenile justice.
(update) H placed on general file

SF 0065 -- Post-conviction Relief Petitions – DNA
Sponsored by JOINT JUDICIARY INTERIM COMMITTEE
An Act relating to criminal procedure; creating a post-conviction for DNA Testing Act; establishing procedures for post-conviction motions for DNA testing; authorizing new trials as specified; prohibiting waiver of rights as specified; limiting appeals of court decisions as specified; providing a right to counsel for motions; authorizing legal representation for needy persons as specified; providing for costs; authorizing consensual DNA testing; requiring victim notification; providing definitions; requiring a report to the legislature; amending requirements for retention of evidence as specified; and providing for an effective date.
Support this bill. (update) S placed on general file

SF 0088 -- Inmate Medical Furlough
AN ACT relating to sentence and imprisonment; authorizing parole for inmates with serious medical needs as specified; specifying conditions that must exist to qualify for medical parole; requiring findings; requiring notice to the prosecuting attorney and sentencing judge; specifying terms of probation; authorizing revocation of medical parole as specified; and providing for an effective date.
Monitor. (update) S passed 2nd reading

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