Title 7, Criminal Procedure

Disposition of defendant. (a) If the judgment of conviction of any defendant committed to a state penal institution is reversed on appeal, the clerk of the supreme court shall forward to the department of corrections and to the administrator of the institution a certified copy of…

Short title. This act shall be known and may be cited as the "Post-Conviction DNA Testing Act."

New trial; motion for post-conviction testing of DNA; motion contents; sufficiency of allegations, consent to DNA sample; definitions. (a) As used in this act: (i) "DNA" means deoxyribonucleic acid; (ii) "Movant" means the person filing a motion under subsection (c) of this secti…

Service of process; response by the state; preservation of evidence. (a) Notice of the motion filed under W.S. 7-12-303(c) shall be served upon the district attorney in the county in which the conviction occurred and, if applicable, the governmental agency or laboratory holding t…

Review by the court; hearing on motion, findings; order. (a) If the court determines that a motion is filed in compliance with the requirements of W.S. 7-12-303(c) and the state has had opportunity to respond to the motion, the court shall set a hearing for not more than ninety (…

Designation of testing laboratory. (a) If the court orders DNA testing pursuant to W.S. 7-12-305(e), the DNA test shall be performed by the Wyoming state crime laboratory unless the movant establishes that the state crime laboratory has a conflict of interest or does not have the…

Discovery. (a) If the DNA evidence being tested under this act has been previously subjected to DNA analysis by either the state or defense prior to the hearing conducted under W.S. 7-12-305, the court may order the state or defense to provide each party and the court with access…

Right to counsel. A convicted person is entitled to counsel during a proceeding under this act. Upon request of the person, the court shall appoint counsel for the convicted person if the court determines that the person is needy and the person wishes to submit a motion under W.S…

Costs of testing. (a) The person filing a motion under W.S. 7-12-303(c) shall bear the cost of the DNA testing unless: (i) The person is serving a sentence of imprisonment; (ii) The person is needy; and (iii) The DNA test supports the person's motion. (b) In the case of a person …

Order following testing. (a) If the results of the DNA analysis are inconclusive or show that the movant is the source of the evidence, the court shall deny any motion for a new trial based upon the DNA evidence and shall provide the results to the board of parole. (b) If the res…

Victim notification. Following any motion filed under this act, the district attorney shall provide notice to the victim that the motion has been filed, the time and place for any hearing that may be held as a result of the motion, and the disposition of the motion. For purposes …

Rights not waived; refiling of uncharged offenses. (a) Notwithstanding any other provision of law, the right to file a motion under W.S. 7-12-303(c) shall not be waived. The prohibition against waiver of the right provided under this section applies to, but is not limited to, a w…

Appeal. (a) An order granting or denying a motion for DNA testing filed under W.S. 7-12-303(c) shall not be appealable, but may be subject to review only under a writ of review filed by the movant, the district attorney or the attorney general. The petition for a writ of review m…

Subsequent motions. The court shall not be required to entertain a second or subsequent motion under W.S. 7-12-303(c) on behalf of the same movant, except where there is clear and compelling evidence that the evidence sought to be tested was wrongfully withheld from the movant by…

Consensual testing. Nothing in this act shall be interpreted to prohibit a convicted person and the state from consenting to and conducting post- conviction DNA testing without filing a motion under W.S. 7-12-303(c). Notwithstanding any other provision of law governing post-convi…

Short title. This act shall be known and may be cited as the "Post-Conviction Determination of Factual Innocence Act."

Definitions. (a) As used in this act: (i) "Bona fide issue of factual innocence" means that the newly discovered evidence presented by the petitioner, if credible, would clearly establish the petitioner's factual innocence; (ii) "Factual innocence" or "factually innocent" means a…

Petition for exoneration based on factual innocence; conduct of proceedings. (a) A person who has been convicted of a felony offense may petition the district court in the county in which the person was convicted for a hearing to establish that the person is factually innocent of…

Service of process; response by state; review by the court. (a) A person filing a petition under this act shall serve notice and a copy of the petition upon the office of the district attorney where the conviction was obtained and upon the Wyoming attorney general. (b) The assign…

Appointment of counsel. The court may appoint counsel for a petitioner upon a determination that the petition is not subject to summary dismissal and the petitioner is needy. Counsel shall be appointed as provided in W.S. 7-6-104(c)(vii).

Victim notification. Following any petition filed under W.S. 7-12-403, the district attorney shall make reasonable efforts to provide notice to the victim that the petition has been filed, the time and place for any hearing that may be held as a result of the petition and the dis…

Appeal. An order granting or denying a petition under this act is appealable by either party.