Title 7, Title 7 — Criminal Procedure

Applicability of rules and civil procedure provisions. (a) To the extent practicable and when not otherwise specifically provided, the provisions of the Wyoming Rules of Civil Procedure, the Wyoming Rules of Evidence and the Wyoming Code of Civil Procedure shall govern in crimina…

Summoning of person within this state to appear as witness in another state. (a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in criminal prosecutions in this state certifies under…

Summoning of person in another state to appear as witness in this state. (a) If a person in any state, which by its laws has made provisions for commanding persons within its borders to attend and testify in criminal prosecutions in this state, is a material witness in a prosecut…

Exemption of out-of-state witness from arrest or service of process. (a) If a person comes into this state pursuant to a summons directing him to attend and testify in a criminal prosecution in this state he shall not while in this state pursuant to the summons be subject to arre…

Procedures for taking depositions. Procedures for the taking of depositions in criminal cases shall be governed by the Wyoming Rules of Criminal Procedure.

Videotape depositions. (a) In any case in which the defendant is charged with incest as defined in W.S. 6-4-402(a) or sexual assault as defined in W.S. 6-2-302 through 6-2-304 and 6-2-314 through 6-2-317 and a child less than twelve (12) years of age is the victim, the judge may …

Testimony from child witnesses; accommodations. (a) In any case in which the defendant is charged with incest as defined in W.S. 6-4-402(a) or sexual assault as defined in W.S. 6-2-302 through 6-2-304 and 6-2-314 through 6-2- 317 and a child less than eighteen (18) years of age i…

Return of verdict; poll of jury. In all criminal cases the verdict shall be unanimous. It shall be returned by the jury to the judge in open court. Before the verdict is accepted and recorded, the jury shall be polled at the request of any party or upon the court's own motion. If…

Conviction of necessary included offense or attempt. In any criminal case the defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

Execution of jail sentence. When any person convicted of an offense is sentenced to imprisonment in the county jail, the court shall order the defendant into the custody of the sheriff, who shall deliver him, together with the record of conviction, to the jailor, in whose custody…

Commitment until fine and costs paid. If a defendant sentenced to pay a fine or costs defaults in payment, the court may order the defendant to show cause why he should not be committed to jail. If the court finds that the defendant's default is willful or is due to a failure on …

Payment of costs of prosecution. Payment of the costs of prosecution may be added to and made a part of the sentence in any felony or misdemeanor case if the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will …

Trial transcript for indigent prisoner upon appeal. Any person sentenced to imprisonment in a state penal institution, who appeals to the supreme court, may file, in the court in which that person was convicted, a petition requesting that the person be furnished with a stenograph…

Advisement of loss of firearms rights upon conviction. (a) No judgment of conviction shall be entered upon a plea of guilty or nolo contendere to any charge which may result in the disqualification of the defendant to possess firearms pursuant to the provisions of 18 U.S.C. §§ 92…

Manner of appeal. A defendant may appeal his conviction in any criminal case in the manner provided by the Wyoming Rules of Appellate Procedure.

Right of district attorney to take exceptions; certification; rules. The district attorney may take exceptions to any opinion or decision of the court made during the prosecution of a criminal case. Before being filed in the supreme court, the bill of exceptions shall be presente…

Filing of bill by attorney general in supreme court. Following certification of a bill of exceptions by the trial court as provided by W.S. 7-12-102, the attorney general may apply to the supreme court for permission to file the bill for review and decision upon the points presen…

Decision of supreme court upon bill. (a) If the bill of exceptions is allowed to be filed, the supreme court shall render a decision on each point presented. (b) The decision of the supreme court shall determine the law to govern in any similar case which may be pending at the ti…

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.

Sentencing of minors to boys' school upon first conviction of felony; term; parole. (a) Upon his first conviction of a felony, any male offender under the age of eighteen (18) years may be sentenced to imprisonment in the Wyoming boys' school. (b) In imposing a sentence under thi…

Notice of sentence; transportation to institution; maintenance of prisoner in county jail. (a) If a person is sentenced to the custody of the department of corrections to serve a term of imprisonment in a state penal institution, the sheriff shall notify the department of correct…

Record of prisoners. The department of corrections shall keep a complete record of the background and current status of all prisoners sentenced and confined in any state penal institution. The administrator of the institution where a prisoner is incarcerated, the division of crim…

Certificate of restoration of rights; procedure for restoration in general; procedure for restoration of voting rights for nonviolent felonies; filing requirements. (a) Subject to subsections (h) and (j) of this section, upon receipt of a written application, the governor may iss…

Transfer of citizen or national of foreign country. The governor may act on behalf of the state to consent to the transfer of a citizen or national of a foreign country pursuant to a treaty between the United States and the foreign country of which the person is a citizen or nati…

Split sentence of incarceration in county jail followed by probation; civil liability of county officers and employees. (a) Following a defendant's conviction of, or his plea of guilty to any felony, other than a felony punishable by death or life imprisonment, the court may impo…