Title 1, Code Of Civil Procedure

Application for compensation; required information. (a) The application for compensation shall be on a form furnished by the division, setting forth: (i) The victim's name and address; (ii) If the victim is deceased, the claimant's name and address and his relationship to the vic…

Hearing; findings; order. (a) Hearings shall be held on the application and are open to the public unless the division determines that a closed hearing is necessary because: (i) The alleged assailant or offender has not been brought to trial and a public hearing would adversely a…

Standards for compensation. (a) For the purpose of determining the amount of compensation payable pursuant to this act, the division, insofar as practicable, shall formulate standards for uniform application of this act and shall take into consideration rates and amounts of compe…

Compensation award. (a) If a person is injured or killed by a criminal act, the division may order the payment of compensation in accordance with this act for: (i) Expenses actually and reasonably incurred as a result of the personal injury or death of the victim, by the victim, …

Emergency awards; limitation. (a) The division may grant an emergency award prior to the holding of a hearing, if upon application of a person eligible for compensation, the division determines undue hardship will result to the applicant if immediate payment is not made. (b) The …

Recovery from offender; restitution. (a) If an order for the payment of compensation for personal injury or death is made under this act, the state, upon payment of the amount of the order, shall be subrogated to any right of action the victim or dependent of the victim has again…

Waivers and releases void; exemption from creditors' claims. Any agreement by an individual to waive, release or commute his rights under this act is void. Compensation due under this act may not be assigned, pledged, encumbered, released or commuted. Compensation under this act …

Crime victims' compensation account. (a) There is established an account to be known as the crime victims' compensation account. The account is under the administration and control of the division for purposes of providing compensation or other benefits to crime victims and for p…

Informing victims of program and application procedure. Each law enforcement and prosecuting agency, and any victim witness program or family violence advocate funded in whole or in part with state or federal funds, shall exercise reasonable care to insure that victims of crimes …

Fees not chargeable. No fee shall be charged to the applicant in any proceeding under this act except as provided by this act. If the applicant is represented by counsel in making application under this act or in any further proceedings provided for in this chapter, the counsel s…

Falsifying, destroying or concealment of division records; furnishing false information or failing to disclose; other violations. (a) Any agent or employee of the division who knowingly makes a false entry or falsely alters any division record, or who intentionally destroys, muti…

Distribution of monies to crime victim service and victim assistance providers. (a) In addition to any other powers specified in this act the division shall oversee the distribution of federal and state funds under its control, to eligible crime victim service providers, includin…

Surcharge to be assessed in certain criminal cases; paid to account. (a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, or is convicted of, the following criminal offenses shall be assessed a surcharge of not less …

Short title. This act may be cited as the "victims bill of rights".

Definitions. (a) As used in this act: (i) "Criminal act" means conduct which would constitute a crime as defined by the laws of this state; (ii) "Victim" means an individual who has suffered direct or threatened physical, emotional or financial harm as the result of the commissio…

Victim and witness bill of rights. (a) All victims and witnesses of crime shall be treated with compassion, respect and sensitivity. (b) Crime victims, key witnesses and, upon request, other witnesses shall have the following rights: (i) To be provided notification and informatio…

Rights of victims and witnesses to be informed during the criminal justice process. (a) Victims of a criminal act shall be informed without undue delay by law enforcement about: (i) The rights enumerated in this act; (ii) The right to be informed of the status of the case from th…

Victims and witnesses of crime; free from intimidation. (a) A victim or witness has the right to be free from any form of harassment, intimidation or retribution. (b) When waiting to testify in any proceeding regarding a criminal act, a victim or key witness has the right to be p…

Victims of crime; present in court. Unless the court for good cause shown shall find to the contrary, the victim, the victim's designee or both shall have the right to be present at all trial proceedings which may be attended by the defendant.

Victims; timing of trial of accused. (a) The court shall consider the victim's interest and circumstances when setting any date for trial or in granting or denying continuances. (b) Nothing in this section shall infringe upon any rights of the accused in a criminal case or inhibi…

Prompt return of property; photographs in lieu of property. (a) Victims and witnesses have the right to have any personal property, which is not contraband, promptly returned and any real estate, subject to declaration as uninhabitable under W.S. 35-9-156(d), released to the cont…

Victims and witnesses have a right to preservation of employment. (a) A victim or witness who responds to a subpoena from either the prosecution or defense in a criminal case during working hours shall not suffer any change in terms of employment solely because of the act of resp…

No civil liability created; testimony inadmissible; no relief by appeal. (a) Nothing in this act shall be construed to create any civil cause of action for monetary damages against any person nor shall it constitute grounds for any claim or motion raised by either the state or de…

Compensation from benefits of crime. The legislature finds that the state has a compelling interest in preventing any person who is convicted of a criminal act from profiting from the criminal act and in recompensing victims of the criminal act. It is therefore the intent of the …

Definitions. (a) As used in this article: (i) Repealed By Laws 1998, ch. 81, § 3. (ii) "Criminal act" means a conviction of an offense as defined by W.S. 1-40-202(a)(i); (iii) "Escrow account" means an account created under W.S. 1-40-303(a); (iv) "Profits from the crime" means: (…

Distribution of profits from crime. (a) Any person who contracts with a defendant convicted of a criminal act in this state, or the defendant's representative or assignee, for payment of any profits from the criminal act of which the defendant is convicted shall pay to the divisi…

Notification of division. It shall be the responsibility of the victim, the victim's attorney, or the victim's representative to notify the division of the filing of any civil action under W.S. 1-40-303(b)(ii).

Disbursal of compensation; more than one claim. (a) The division shall not disburse any compensation from the escrow account until the later of: (i) Five (5) years after the escrow account is established; or (ii) The date all civil actions of which the division has actual knowled…

Actions null and void. Any action taken by a defendant who is convicted of a criminal act or who enters a plea of guilty, whether by way of the execution of a power of attorney, the creation of corporate entities or any other action, to defeat the purpose of this article shall be…

Interest on monies in escrow account. Interest earned on the monies deposited in an escrow account shall accrue to the benefit of the payees of the account.

Disbursal of unclaimed funds. (a) Any unclaimed funds remaining in an escrow account after the disbursal period provided by W.S. 1-40-305(a) shall be forfeited and paid over to the crime victims compensation account created by W.S. 1-40-114 in accordance with this section. (b) If…