Title 7, Title 7 — Criminal Procedure

Payment of costs accruing from change of venue. The costs accruing from a change of venue shall be paid by the county in which the indictment was found or the information filed.

Record of information for ascertaining condition of crime in state. All town, city, county and state law enforcement agencies, district courts, courts of limited jurisdiction, district attorneys, state adult and juvenile correctional institutions and state and local probation and…

Payment of costs in misdemeanor cases. In all misdemeanor cases the county shall pay the costs if the defendant is acquitted.

Custody of convict charged with offense committed while in state penal institution. If any convict in a state penal institution is charged with any crime committed while confined therein, the convict shall remain in the custody of the department of corrections and shall remain co…

Representation of minor pleading guilty. In no criminal case in the district court shall a plea of guilty be received or accepted from a minor unless the minor is represented by counsel.

Prosecution of crimes. (a) Crimes shall be prosecuted by indictment, information, complaint or citation as provided by the rules promulgated by the Wyoming supreme court. (b) All prosecutions shall be carried on in the name and by the authority of the state of Wyoming and shall c…

Detention of juvenile offenders. (a) Effective July 1, 1995, no minor charged with a status offense as defined by subsection (b) of this section shall be detained in a jail. (b) As used in W.S. 7-1-107 and 7-1-108: (i) "Juvenile detention facility" means any facility which may le…

Incarceration of juvenile offenders. (a) Effective July 1, 1995, no minor convicted of a status offense as defined by W.S. 7-1-107(b) shall be sentenced to a term of imprisonment. (b) A minor convicted of a misdemeanor or of violating a municipal ordinance, other than a status of…

Examination for sexually transmitted diseases required in certain cases; health officers to notify crime victims; results confidential. (a) Upon the consent of a person accused of any crime wherein it is alleged that there has been an exchange of bodily fluids, that person shall …

Definitions. (a) As used in W.S. 7-2-101 through 7-2-107: (i) "Deadly weapon" means as defined by W.S. 6-1-104(a)(iv); (ii) "Felony" means as defined by W.S. 6-10-101; (iii) "Misdemeanor" means as defined by W.S. 6-10-101; (iv) "Peace officer" means: (A) Any duly authorized sheri…

Preconditions for arrests. (a) A peace officer may arrest a person when the officer has a warrant commanding that the person be arrested or the officer has reasonable grounds for believing that a warrant for the person's arrest has been issued in this state or in another jurisdic…

Issuance of citations. (a) A citation may issue as a charging document for any misdemeanor which the issuing officer has probable cause to believe was committed by the person to whom the citation was issued. (b) A person may be released if, after investigation, it appears that th…

Authority to seize deadly weapons; disposition. (a) A peace officer may take into possession any deadly weapons found in the possession of a person arrested if: (i) The peace officer has reason to believe the weapon will be used to endanger the safety of the officer or the public…

Disposition and appraisal of property seized or held; notice and order to show cause; judgment. (a) When personal property not subject to be summarily destroyed is seized or held by any peace officer pursuant to any law of this state, or when property seized by any peace officer …

Extraterritorial authority of peace officers; requests for assignment of peace officers; liability; compensation. (a) Subject to the limitations in subsection (e) of this section, a peace officer, while outside of his jurisdiction, shall have the same authority that applies to hi…

Arrest or detention of persons with diplomatic immunities. (a) This section applies to an individual who upon being stopped, detained or arrested by a peace officer for a violation of W.S. 6-2-106, a driving while under the influence offense or a moving violation pursuant to the …

Reporting of missing persons; report acceptance; duties and responsibilities. (a) Each Wyoming law enforcement agency shall accept, without delay, any credible report of a missing person made to the law enforcement agency, unless at least one (1) of the following occurs: (i) The …

Legislative findings. (a) The legislature finds and declares: (i) The congress of the United States, pursuant to the provisions of section 10 of article I of the constitution of the United States, has granted its consent, by that certain act of June 6, 1934 (Public Law No. 293, H…

Appointment of attorney general to represent state on joint commissions. The governor shall appoint the attorney general as the commissioner who shall represent Wyoming upon any joint commission created by Wyoming and any one (1) or more states for the purpose of negotiating and …

Purpose and objects; required ratification. (a) Any agreement or compact entered into under W.S. 7-3-101 through 7-3-107 shall be designed to suppress crime, to circumvent the activities of criminals and to expedite their apprehension and trial, and to enforce generally the respe…

Legal, clerical and stenographic assistance. When the commissioner of Wyoming is called to enter upon the performance of his duties, as provided under W.S. 7-3-101 through 7-3-107, he shall be furnished legal, clerical and stenographic assistance as the governor and he deem advis…

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…