Title 7, Title 7 — Criminal Procedure

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 …

Emergency assistance by law enforcement officers; limited liability. (a) A person who allegedly has been a victim of stalking or sexual assault may request the assistance of a law enforcement agency, which shall respond to the request in a manner appropriate to the circumstances.…

Confidentiality in court proceedings. The court shall enter an order providing for the confidentiality of the name, address, city and state of residence or any other information identifying residence of all parties involved in the sexual assault for all orders issued under W.S. 7…

Definitions. (a) As used in this act: (i) "Aggrieved person" means any person who was a party to any oral, wire or electronic communication intercept as defined in this act, or a person against whom the interception was directed; (ii) "Aural transfer" means a transfer containing …

Prohibition against interception or disclosure of wire, oral or electronic communications; exceptions; penalties. (a) Except as provided in subsection (b) of this section, no person shall intentionally: (i) Intercept, attempt to intercept, or procure any other person to intercept…

Prohibition against manufacture and possession of wire, oral or electronic communication intercepting devices; exceptions; penalties. (a) Except as provided in subsection (b) of this section, no person shall intentionally manufacture, assemble, possess, sell or offer for sale any…

Seizure and forfeiture of wire or oral communication intercepting devices. Any electronic, mechanical or other device manufactured, assembled, used, sold or possessed in violation of this act may be seized by any peace officer upon process issued by any district court or district…

Authorization for interception of wire, oral or electronic communications. (a) The attorney general or the district attorney within whose jurisdiction the order is sought in conjunction with the attorney general, may authorize an application to a judge of competent jurisdiction f…

Authorization for disclosure and use of intercepted communications. (a) Any peace officer who, by any means authorized by this act, has obtained knowledge of the contents of any wire, oral or electronic communication, or evidence derived therefrom, may disclose such contents to a…

Procedure for interception of wire, oral or electronic communications. (a) Each application for an order authorizing the interception of wire, oral or electronic communications shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state …

Order directing others to furnish assistance. An order permitting the interception of a wire, oral or electronic communication shall, upon request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian or other person shall immed…

Information furnished to attorney general by executing agency; report to legislature. (a) Upon final execution of an order of interception, the executing agency shall furnish the following information within ten (10) working days to the attorney general: (i) The fact that an orde…

Recovery of civil damages for violations; good faith defense. (a) Subject to W.S. 7-3-702(b)(ii), any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this act may recover damages against any person who intercepts, discloses, u…

Exclusivity of provisions. This act shall be the exclusive means by which any interception of wire, oral or electronic communications may be permitted for investigation of the violation of any law, statute or ordinance of the state of Wyoming or any local, municipal or other gove…

Reports by attorney general and state courts. The attorney general and Wyoming courts shall report to the administrative office of the United States courts pursuant to 18 U.S.C. § 2519.

Definitions. (a) As used in this act: (i) "Attorney for the state" means the attorney general or his designee, or district attorney; (ii) "Court of competent jurisdiction" means a district court; (iii) "Peace officer" means as defined in W.S. 7-3-701; (iv) "Pen register" means a …

General prohibition on pen register and trap and trace device use; exception. (a) Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining a court order under W.S. 7-3-804. (b) The prohibition of subsection…

Application for an order for a pen register or a trap and trace device. (a) An attorney for the state may make application for an order or an extension of an order under W.S. 7-3-804 authorizing the installation and use of a pen register or a trap and trace device under this act,…

Issuance of an order for a pen register or a trap and trace device. (a) Upon an application made under W.S. 7-3-803, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the state if the court finds that …

Assistance in installation and use of a pen register or a trap and trace device. (a) Upon the request of an attorney for the state or an officer of a law enforcement agency authorized to install and use a pen register under this act, a provider of wire or electronic communication…

Reports concerning pen registers and trap and trace devices. The attorney general shall annually report to the joint judiciary interim committee on the number of pen register orders and orders for trap and trace devices applied for under this act. The report shall be provided no …

Short title. This act shall be known and may be cited as the "Law Enforcement Interstate Mutual Aid Act."

Definitions. (a) When used in this act, unless the context requires otherwise, the following definitions apply: (i) "Law enforcement agency" means a lawfully established federal, state or local public agency that is responsible for the prevention and detection of crime and the en…

Authorization to enter agreement; general content; authority of law enforcement employee. (a) Any one (1) or more law enforcement agencies of this state may enter into a mutual aid agreement with any one (1) or more law enforcement agencies of an adjoining state or the United Sta…

Detailed content of agreement. (a) Any written agreement under this act shall specify the following: (i) Its duration, which shall be not more than four (4) years; (ii) The purpose of the agreement; (iii) The manner of financing the agreement and establishing and maintaining a bu…

Right of state in actions involving agreements. In any case or controversy involving performance or interpretation of, or liability under, a mutual aid agreement entered into between one (1) or more law enforcement agencies of this state or political subdivisions of this state an…

Agreement not to relieve agency of duties. No agreement made under this act may relieve any law enforcement agency of this state of any duty imposed upon it by law. Timely performance of such a duty by a joint board or other legal or administrative entity created by a mutual aid …

Limitation of powers. Except for the right granted by this act to jointly exercise powers, this act does not authorize any law enforcement agency of this state to exercise any power within this state that it is not otherwise authorized to exercise.

Submission of agreement to attorney general. As a condition precedent to a written agreement becoming effective under this act, the agreement shall be submitted to and receive the approval of the attorney general. Except as provided by W.S. 7-3-903, no agreement shall become effe…

Filing of agreement. Within twenty (20) days after approval by the attorney general, a written agreement made pursuant to this act shall be filed in the office of the secretary of state.

Immunity. Whenever the employees of a law enforcement agency of an adjoining state are rendering aid pursuant to the request of a Wyoming law enforcement agency under an agreement pursuant to this act, the employees shall have the same powers, duties, rights, privileges and immun…

Election; oath; bond. A coroner shall be elected in each county for a term of four (4) years. He shall take the oath prescribed by the constitution of the state and give bond to the state of Wyoming, in the penal sum of one hundred thousand dollars ($100,000.00), with a sufficien…

Deputy coroners. The county coroner may appoint deputy coroners, who shall serve in the absence or inability of the coroner and who shall receive compensation as the board of county commissioners determines by resolution.

Certification requirements; penalty; expenses. (a) After January 5, 1987, no person shall continue in office as county coroner or deputy coroner unless he has been certified under W.S. 9-1-634 as having completed: (i) Not later than one (1) year after assuming office, a basic cor…