Title 7, Criminal Procedure

Commencement of commissioner's duties. The commissioner for Wyoming shall not commence the performance of his duties, or be authorized to incur any expenses for traveling, or for legal, clerical or stenographic assistance, until the governor of Wyoming is notified by the governor…

Investigations. The commissioner for Wyoming has full authority to make any investigations of conditions in Wyoming or in any other state which may be necessary in negotiating any agreement or compact authorized by W.S. 7-3-101 through 7-3-107.

Compensation of commissioner. The commissioner for Wyoming shall receive no compensation for his services as such, but he and his assistants shall be entitled to receive their traveling and other necessary expenses incurred in the performance of their duties.

Definitions. (a) As used in this act: (i) "Executive authority" includes the governor, and any person performing the functions of governor in a state other than this state; (ii) "Governor" includes any person performing the functions of governor by authority of the law of this st…

Duty of governor to have fugitives arrested and delivered up to proper authorities. Subject to the qualifications of this act, and the applicable provisions of the United States constitution and acts of congress, the governor of this state shall have arrested and delivered up to …

General requirements as to demand by another state. No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing and accompanied by a copy of an indictment found or by an information supported by affidavit in …

Investigation of demand. When a demand shall be made upon the governor of this state by the executive authority of another state for a surrender of a person charged with crime, the governor may call upon the attorney general or any district attorney in this state to investigate o…

Contents of demand. (a) A warrant of extradition shall not be issued unless the documents presented by the executive authority making the demand show that the accused: (i) Except in cases arising under W.S. 7-3-206, was present in the demanding state at the time of the commission…

Surrender of accused when not present in demanding state at time of crime. The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in that other state in the manner provided in W.S. 7-3-205, with com…

Issuance of governor's warrant for arrest; contents. If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, sealed with the state seal, and directed to a sheriff, marshal, coroner or other person entrusted to execute it. The warrant sh…

Effect of warrant. (a) The warrant shall: (i) Authorize the officer or other person to whom directed to arrest the accused at any place where he may be found within the state and to deliver him to the duly authorized agent of the demanding state; and (ii) Command the aid of all s…

Authority of person making arrest to command assistance. Every officer or other person authorized by the governor to make the arrest has the same authority in arresting the accused to command assistance as sheriffs and other officers have in the execution of any criminal process …

Right of accused to counsel; opportunity to apply for writ of habeas corpus; notice of writ and hearing. No person arrested pursuant to W.S. 7-3-208 shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he has b…

Penalty for surrendering accused without hearing. Any officer who delivers to the agent for extradition of the demanding state a person in his custody under the governor's warrant in violation of W.S. 7-3-210 is guilty of a misdemeanor, and on conviction shall be fined not more t…

Confinement in jail for safekeeping; expenses. The officer or person executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city en route …

Issuance of warrant for arrest by judge or magistrate. (a) The judge or magistrate shall issue a warrant for arrest when: (i) Any person within this state is charged on the oath of any credible person before the judge or other magistrate of this state with the commission of a cri…

Authority to arrest person without warrant. The arrest of a person may be lawfully made by an officer or a private citizen without a warrant upon reasonable information that the accused is charged in the courts of another state with a crime punishable by death or imprisonment for…

Examination of person arrested without warrant; commitment pending demand. If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and that he probably committed the crime, and, except in…

Right of person arrested without warrant to bail. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate shall admit the arrested perso…

Failure of state to demand person arrested without warrant within time specified. If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant, bond, or undertaking, the judge or magistrate may discharge him or may recommit h…

Failure of prisoner admitted to bail to appear. If the prisoner is admitted to bail, and fails to appear and surrender himself according to the condition of his bond, the court shall order the bond forfeited. Recovery may be had on the bond in the name of the state as in the case…

Procedure where criminal prosecution pending against accused in state. If a criminal prosecution has been instituted against the person under the laws of this state and is still pending, the governor at his discretion either may surrender him on the demand of the executive author…

Inquiry into guilt or innocence of accused. The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition as provided by W.S. 7-3-203 shall have been presented to the gov…

Recall of, or issuance of new, warrant. The governor may recall his warrant of arrest, or may issue another warrant whenever he deems proper.

Demand that accused be returned to this state; issuance of warrant. (a) Upon receipt of an application as provided by W.S. 7-3-223, the governor of this state may demand a person charged with crime in this state, or with violation of parole, from the chief executive of any other …

Application for return of accused to this state. (a) When the return to this state of a person charged with crime in this state is required, the district attorney for the county in which the offense is committed shall present to the governor a written application for a requisitio…

Payment of expenses for return of accused to this state. (a) The state shall pay the expenses involved in the return to this state of a person charged with violating the terms of his parole or who has escaped from a state penal institution or who has escaped from a corrections pr…

Service of civil process on person brought into state. A person brought into this state on extradition based on a criminal charge is not subject to service of personal process in any civil action arising out of the same facts as the criminal proceedings to answer which he is retu…

Charging of person brought into state with other crimes. After a person has been brought back to this state upon extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here, as well as that specified in the requisitio…

Construction of provisions. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Western Interstate Corrections Compact. The Western Interstate Corrections Compact as contained herein is hereby enacted into law and entered into on behalf of this state with any and all other states legally joining therein in a form substantially as follows: WESTERN INTERSTATE …

Authority to commit or transfer inmates. Any court or other agency or officer of this state having power to commit or transfer an inmate (as defined in article II (a)(iv) of the Western Interstate Corrections Compact) to any institution for confinement may commit or transfer such…

Enforcement of compact. The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions including but…

Hearings. The governor is hereby authorized and directed to hold such hearings as may be requested by any other party state pursuant to article IV (f) of the Western Interstate Corrections Compact.

Authority to enter into contracts; force and effect. The governor is hereby empowered to enter into such contracts on behalf of this state as may be appropriate to implement the participation of this state in the Western Interstate Corrections Compact pursuant to article III ther…

Construction and severability of provisions. The provisions of this act, W.S. 7-3-401 through 7-3-406, shall be severable and if any phrase, clause, sentence, or provision of this act is declared to be unconstitutional or the applicability thereof to any state, agency, person or …

Filing of complaint; issuance of warrant or summons. (a) As used in W.S. 7-3-501 through 7-3-505 "judge" means a circuit court judge. (b) When complaint is made by the district attorney or by any private person to any circuit court judge that a person has threatened or is about t…

Examination of party complained against; recognizance to keep peace. When the party complained against appears before the judge the testimony produced on both sides shall be heard if the allegations of the complaint are controverted. If, upon examination, it appears to the judge …

Compliance with recognizance order; failure to give recognizance. (a) If a person ordered to give recognizance complies with the order he shall be discharged and the recognizance returned to him. (b) If a person ordered to give recognizance and surety refuses or neglects to do so…

Judgment against complainant; defects in complaint. (a) If the person complained against is discharged after hearing because no probable cause is found and if the judge finds that the complaint was commenced maliciously and without reasonable cause on the part of the complainant,…

Filing of recognizance; forfeiture. A recognizance taken in accordance with W.S. 7-3-501 through 7-3-505 shall be filed by the clerk of the court in the court records. Upon a breach of the condition of the recognizance, the court shall declare a forfeiture of the security in the …

Definitions. (a) As used in W.S. 7-3-506 through 7-3-512: (i) "Court" means the circuit court in the county where an alleged victim of stalking or sexual assault resides or is found, where the alleged perpetrator of the stalking or sexual assault resides or is found or where an a…

Petition for order of protection; contents; prerequisites; appointment of an attorney; remote appearance at hearings. (a) A petition for an order of protection for a victim may be filed by: (i) The victim; (ii) If the victim consents, the district attorney on behalf of the victim…

Temporary order of protection; setting hearing. (a) Upon the filing of a petition for an order of protection, the court shall schedule a hearing on the petition to be conducted within seventy-two (72) hours after the filing of the petition, and shall cause each party to be served…

Order of protection; contents; remedies; order not to affect title to property. (a) Following a hearing under W.S. 7-3-508(a) and upon a finding that conduct constituting stalking or sexual assault has been committed, the court shall enter an order of protection ordering the resp…

Service of order; duration and extension of order; violation; remedies not exclusive; order effective during appeal or review. (a) An order of protection granted under W.S. 7-3-509 shall be filed with the clerk of court and a copy shall be sent by the clerk to the county sheriff …