Thursday, February 18, 2010

General Note On Firearms Legislation:

THERE ARE SEVERAL INTERESTING RESOLUTIONS REGARDING FIREARMS AND STATES RIGHTS THAT MEMBERS MAY BE INTERESTED IN AND CAN READ ABOUT ON THE LEGISLATIVE WEBSITE – WE WILL BE MONITORING THESE BILLS DUE TO THEIR CONSTITUTIONAL NATURE. FOR MORE INFORMATION, PLEASE CLICK HB 0028 and/or HB 0095.

Updates:

SF 0065 Termination of Parental Rights

SF 0065 Termination of Parental Rights

AN ACT relating to children and families; providing for termination of parental rights for failure to provide support and maintain regular personal contact; providing for an effective date.

We are researching the protections that should be in place for termination of parental rights. This loosens the conditions required.

Updates:
2/18 - This bill has been introduced and referred to the Senate Judiciary Committee.
3/9 - This bill did not pass.

HB 0132 Homicide During Pregnancy - 2

HB 0132 Homicide During Pregnancy - 2

AN ACT relating to homicide; establishing a sentencing enhancement in homicide cases in which a pregnant woman is killed as specified; and providing for an effective date.

We will not oppose this bill as it has been rewritten as an enhanced penalty.

Updates:
2/18 - This bill passed introduction and has been referred to the House Judiciary Committee
3/9 - This bill was the substitute for the double homicide bill and passed

HB 00121 Child Health Insurance Program - Prenatal Coverage

HB 121 Child Health Insurance Program - Prenatal Coverage

AN ACT relating to the child health insurance program; providing for a state plan amendment to provide prenatal care to pregnant women, as specified; providing a definition; providing appropriations; and providing for an effective date.

NARAL, the ACLU and Planned Parenthood oppose this bill as it includes language that defines “child” at conception

Updates:
2/18 - This bill was not brought forward for introduction.

HB 0087 Discrimination

HB 0087 Discrimination

AN ACT relating to discrimination; prohibits discrimination based on sexual orientation or gender identity as specified; and providing for an effective date.

We are in favor of this bill.

Updates:
2/18 - This bill did not pass introduction.

HB 0083 Crimes and Offenses - Restrictions for Adult Sex Offenders

HB 0083 Crimes and Offenses - Restrictions for Adult Sex Offenders

AN ACT relating to crimes and offenses; prohibition adult sex offenders from access to school properties and events as specified; providing exceptions; providing penalties; requiring posting of notices as specified; providing definition; amending a definition; and providing for an effective date.

We oppose this legislation as being unnecessary and broad for applying standards that would literally provide no place that someone to live in some towns. This law would apply to all sex offenders that are required to register; registration now covers individuals that have never reoffended, are low risk and are not any risk to children.

Updates:
2/18 - This bill has passed introduction and has been referred to the House Judiciary Committee. These bills are very difficult bills as we are often the only testimony against them and legislators are afraid to vote against them as they have a vocal constituency.
3/9 - This bill passed with a change to the residency restriction. Anyone on the registry may not live within 1,000 feet of a school.

HB 0075 Loss of Parental Rights - Homicide of Spouce

HB 0075 Loss of Parental Rights - Homicide of Spouce

AN ACT relating to termination of parental rights; providing for termination of a parent’s rights upon conviction of the homicide of the other parent of the child; and providing for an effective date.

We are monitoring this bill only.

Updates:
2/18 - This bill has passed introduction and been referred to the House Judiciary Committee.
3/9 - This bill passed and will go into effect on 7/1/10

HB 0074 Homocide During Pregnancy

HB 0074 Homocide During Pregnancy

AN ACT relating to homicide; establishing the offense of homicide of a pregnant woman resulting in the involuntary termination of the pregnancy without a live birth; imposing a penalty; and providing for an effective date.

NARAL, the ACLU and Planned Parenthood opposed this bill as it called for a double homicide for the homicide of a pregnant woman. The sponsor chose to file another bill allowing for an enhanced penalty for homicide during pregnancy which we will be neutral on.

Updates:
3/9 - This bill did not pass but did morph into another bill that added enhanced sentences to second degree murder and two other lesser charges. There was considerable testimony on this bill and the anti-choice groups were not happy about the changes. Their testimony was that they will be coming back to legislature with the double homicide bill next year when there is a new governor that will not veto the bill. Several of the anti-choice people voted against the new bill.

HB 0064 Mandatory Minimum Sentence for Sexual Abuse of a Minor

HB 0064 Mandatory Minimum Sentence for Sexual Abuse of a Minor

AN ACT relating to crimes and offenses; establishing a mandatory minimum sentence for first degree sexual assault of a minor when the actor is at least eighteen years of age and the victim is less than thirteen years of age; and providing for an effective date.

We oppose mandatory minimum sentences in general as they simply shift discretion from the judge to the prosecutor. Our justice system is based on the judge considering the facts of each case and handing down appropriate sentences in each case. Mandatory minimums often result in a disparity of sentencing outcomes that is based largely on race and the quality of defense. There is no indication that Wyoming judges are giving lenient sentences as the length of sentences has grown in the past 10 years and Wyoming has a high incarceration rate. We will provide testimony on this bill.

Updates:
2/18 - This bill has passed introduction, passed the Judiciary Committee and will now go to the Senate for introduction.
3/9 - This bill did pass amending the age of the actor to 21 and the mandatory minimum to 25 years. There was considerable testimony on this bill on both sides.

HB 0061 Legal Services Funding

HB 0061 Legal Services Funding

AN ACT relating to indigent civil legal services; providing for additional fees to fund indigent civil legal services; providing for additional fees to fund indigent civil legal services; establishing and indigent civil legal services account; creating and providing for administration of an indigent legal services program; authorizing rulemaking/ authorizing the expenditure of funds for the program as specified; providing for reports; and providing for an effective date.

WE ARE MONITORING THIS BILL IN THE HOPES THAT WYOMING WILL FUND LEGAL SERVICES FOR THE POOR AS IT IS ONE OF ONLY TWO STATES THAT DOES NOT DO SO.

Updates:
2/18 - This bill has passed introduction and passed out of the Judiciary Committee and will now go to the Senate for introduction.
3/9 - This bill passed in the Senate version.

Thursday, February 4, 2010

2010 Budget Session Starts 2/08/10

THE 2010 WYOMING LEGISLATURE BEGINS MONDAY FEBRUARY 8, 2010.

WE ENCOURAGE ALL WYOMING VOTERS TO CONTACT THEIR LEGISLATORS ON ISSUES THAT ARE IMPORTANT TO THEM.

BILL TEXT AND LEGISLATOR CONTACT INFORMATION ARE AVAILABLE HERE

THE 2010 WYOMING ACLU LEGISLATIVE ACTIVITIES ARE LISTED ON THIS BLOG. PLEASE CHECK BACK FOR UPDATES ON BILLS AND OTHER ACTIVITES DURING THE SESSION.

TO FIND OUT MORE INFORMATION ABOUT THE WYOMING ACLU's POSITION ON 2010 BILLS, PLEASE CONTACT OUR OFFICE.

SF 0033 Stalking Penalites

SF 0033 Stalking Penalties

AN ACT relating to crimes and offenses; adding specified violations of protection orders as actions for which an enhanced penalty for stalking may be imposed; and providing for an effective date.

WE WILL OPPOSE THIS BILL AS WE ARE GENERALLY OPPOSED TO ENHANCED PENALTIES. THIS BILL PROVIDES AN ENHANCED PENALTY FOR THE VIOLATION OF A STALKING ORDER WHICH ALREADY CONTAINS A PENALTY FOR VIOLATION.

Updates:
2/18 - This bill passed introduction and has been referred to Senate Judiciary Committee.
3/9 - This bill did not pass.

SF 0030 Sex Offender Registration

SF 0030 Sex Offender Registration: Multiple Addresses

AN ACT relating to sex offender registration; clarifying that registered sex offenders are required to provide the sheriff with each address at which the offender resides; and providing for an effective date.

WE WILL MONITOR THIS BILL.

Updates:
2/18 - This bill was tabled in committee.

SF 0015 Title 25 Revisions

SF 0015 Title 25 Revisions

AN ACT relating to involuntary commitments and emergency detentions; amending definitions as specified; expanding the definition of “mental illness" and “mentally ill” as specified; specifying services that can be considered treatment; clarifying liability for costs of regency detention; specifying responsibility for the transportation of a detainee, a patient and a discharged person under specified conditions; authorizing counties to establish a single point or responsibility for treatment of detainees. Conforming provisions; and providing for an effective date.

WE WILL MONITOR THIS BILL FOR DUE PROCESS PROTECTIONS.

Updates:
2/18 - This bill has passed introduction and has been referred to the Senate Labor Committee.
3/9 - This bill passed without the expanded definitions of mental illness.

SF 0014 Circuit Court Hearings of Municipal Violations by Juveniles

SF 0014 Circuit Court Hearings of Municipal Violations by Juveniles

AN ACT relating to juveniles; authorizing prosecution of violations of municipal ordinances in circuit court as specified; providing for probation revocation proceedings for violations of municipal or circuit court sentences; and providing for an ineffective date.

WE OPPOSE THIS BILL. THIS BILL COMES AT THE REQUEST OF NATRONA COUNTY TO CODIFY IN STATUTES THEIR CURRENT PROCEDURES FOR THE TREATMENT OF JUVENILES. THIS, AGAIN, JUST ENTRENCHES THE CURRENT PERVERSE SITUATION WHERE EVERY COUNTY DOES WHATEVER THEY WANT TO DO WITH YOUTH WITH NO UNIFORMITY, NO OVERSIGHT AND NO DIRECTION FROM THE STATE. IF THE LEGISLATURE STARTS PUTTING EACH COUNTIES PROCESS IN STATUTE WE WILL HAVE EVEN MORE OF A MESS THAN WE HAVE NOW. THIS IS NOT THE SOLUTION TO THE PROBLEM OF CONCURRENT JURISDICTION FOR JUVENILES, THE SOLUTION IS NOW AND HAS BEEN FOR THE PAST 50 YEARS FOR THE LEGISLATURE TO PROVIDE A UNIFORM, STATEWIDE JUVENILE JUSTICE COURT SYSTEM.

Updates:
2/18 - This bill has passed introduction, passed the Judiciary committee and will go to the House for introduction
3/9 - This bill did not pass

SF 0009 Juvenile Detention Facilities

SF 0009 Juvenile Detention Facilities: Standards

AN ACT relating to juvenile detention; requiring sheriffs to develop and implement standards for juvenile detention facilities as specified; requiring a report; providing definitions; and providing for effective dates.

WE OPPOSE THIS BILL AS IT IS WRITTEN. IT SHOULD BE CALLED NO DETENTION STANDARDS, NO OVERSIGHT, AND NO DIRECTION. ONCE AGAIN THE SHERIFF’S HAVE COMPLETE DISCRETION TO DO WHATEVER THEY WANT WITH NO REQUIREMENT THAT THEY ADHERE TO NATIONALLY ACCEPTED STANDARDS AND CRITERIA.

Updates:
2/18 - This bill passed introduction, passed the judiciary committee and will now go to the House for introduction
3/9 - This bill passed and will go into effect on 7/1/10. The bill did contain amendments that strengthen the requirements for uniform standards

HB 0053 Women's Right to Information

HB 0053 Women's Right to Information

AN ACT relating to public health and safety; requiring physicians to obtain a signed acknowledgement as specified when obtaining a pregnant woman’s consent to an abortion; providing an exception; authorizing sanctions as specified; providing definitions; and providing for an effective date.

WE STRONGLY OPPOSE THIS BILL. THIS BILLS REQUIRES WYOMING DOCTORS TO OBTAIN CONSENT FORMS DEALING WITH ULTRASOUND PROCEDURES PRIOR TO PERFORMING ABORTIONS. A WOMAN WOULD HAVE TO BE TOLD THAT AN ULTRASOUND WOULD ENABLE HER TO VIEW HER FETUS AND “HEAR THE HEARBEAT”. THE STATE DEPARTMENT OF HEALTH WOULD HAVE TO PREPARE A LIST OF FACILITES AND CLINICS THAT OFFER TO PERFORM FREE ULTRASOUNDS; SUCH FACILITES ARE USUALLY ANTI-CHOICE CRISIS PREGNANCY CENTERS.

This bill is an unwarranted intrusion into medical care.
This bill distorts the principle of informed consent.
This bill poses threats to women’s access to reproductive health services.

Updates:
2/18 - NARAL, the ACLU and Planned Parenthood worked to kill this bill on introduction and the bill failed to be introduced

HB 0045 Compulsory School Attendance

HB 0045 Compulsory School Attendance: 2

AN Act relating to compulsory school attendance; providing for parental consent as a means to allow children subject to mandatory attendance age to withdraw from school; and providing for an effective date.

WE OPPOSE THIS BILL. WHILE MANY WYOMING SCHOOL DISTRICTS HAVE VERY HIGH DROP OUT RATE THE SOLUTION TO THE PROBLEM IS NOT PUTTING MORE CHILDREN INTO THE LEGAL SYSTEM BUT DEALING WITH ZERO TOLERANCE POLICIES AND INEFFECTIVE LEARING SYSTEMS THAT ARE PUSHING YOUTH OUT OF SCHOOL.

Updates:
3/9 - This bill passed in the Senate version and requires a parent’s approval in order for a child to drop out of school; this is not an onerous requirement but does little to address the real systemic problems involved in Wyoming’s high drop out rate.

HB 0035 Lobbying Restrictions

HB 0035 Lobbying Restrictions

AN ACT relating to lobbying; restricting lobbying by the five statewide elected officials and state legislators for two years after leaving office; providing penalties; and providing for an effective date.

OUR OFFICE WILL MONITOR THIS BILL.

Updates:
2/18 - This bill did not pass introduction.

HB 0021 Minimum Wage

HB 0021 Minimum Wage

AN ACT relating to minimum wage; increasing the minimum wage for all employees; and providing for an effective date.

THIS BILL IS A BILL THAT NEEDS TO BE PASSED IN WYOMING IN ORDER TO SUPPORT FAMILIES WITH THE BAREST OF NECESSITIES; EVEN IN ITS CURRENT FORM IT DOES NOT PROVIDE A LIVING WAGE.

Updates:
2/18 - Once again this bill did not pass introduction with testimony from opposing Representatives that there were waitresses in Wyoming that were “making $100 dollars an hour” and this bill was not necessary.

HB 0020 Criminal Street Gangs

HB 0020 Criminal Street Gangs

AN ACT relating to crimes and offenses; creating the crime of intimidation in furtherance of the interests of a criminal street gang; providing definitions; and providing for an effective date.

WE OPPOSE THIS LEGISLATION AS THE “GANGS” BILLS ARE MOST OFTEN USED BY THE POLICE TO TARGET AND HARRASS MINORITY YOUTH ARE VAGUE AND OVERLY BROAD; AND ANY ACTUAL CRIMES ARE COVERED IN THE CRIMINAL CODE.

Updates:
2/18 - This bill has passed introduction and been referred to the House Judiciary Committee – the committee hearing on this bill will be Monday February 15 at 8:00 AM. We will provide testimony at this hearing.
3/9 - This bill passed and will go into effect on 7/1/10. This bill was supported by DCI and the Sheriffs and unfortunately passed. The DCI provided information that there is extensive gang activity in Wyoming – I have been unable to verify this information and all reports so far seem to be antidotal other than “intelligence” information which DCI has stated cannot be released to the public. This type of gang targeting has lost credibility with most areas that have gang problems and best practices intervention and prevention programs are now thought to be the most effective measures against gang activity.

HB 0013 Underage Drinking

HB 0013 Underage Drinking

AN ACT relating to alcohol; creating and offense for persons under age twenty-one (21) years who attempt or gain admittance to liquor dispensing rooms or drive-in liquor areas as specified; expanding offenses for persons under the age of twenty-one (21) years who posses or consume alcohol; providing exceptions; providing penalties; providing for prima facie evidence; providing a definition; and providing for an effective date.

OUR OFFICE WILL BE MONITORING THE PROGRESS OF THIS BILL IN REGARDS TO THE TREATMENT OF JUVENILES.

Updates:
2/18 - This bill has passed as written and is now on General File.
3/9 - This bill passed and will go into effect on 7/1/10.

HB 0012 Juvenile Detention Facilities

HB 0012 Juvenile Detention Facilities: Admissions Criteria

AN ACT relating to juvenile detention; requiring a risk assessment for alleged delinquent minors as specified; requiring sheriffs to approve juvenile detention risk assessment instruments; providing definitions; requiring a report; and providing for an effective date.

WITHOUT THE ADDITION OF SPECIFIC UNIFORM BEST PRACTICES ASSESSMENT INSTRUMENTS WE WILL OPPOSE THIS BILL. THIS BILL SIMPLY CONTINUES THE INEFFECTIVE “SYSTEM” OF DO WHATEVER YOU WANT WITH JUVENILES WITH NO OVERSIGHT AND NO ACCOUNTABLILITY. THIS GIVES UNFETTERED DESCRETION TO SHERIFFS AND PROVIDES NO SOLUTION TO ANY OF THE MULTITUDE OF PROBLEMS WYOMING HAS IN DEALING WITH JUVENILES.

Updates:
2/18 - This bill has passed as written and is now on General File.
3/9 - This bill passed with the inclusion of both the words uniform and best practices and will go into effect on 7/1/10. There continues to be some push back from local officials on the use of these types of assessments. One of the difficulties for many counties is that regardless of what the outcome of the assessment is there are few alternatives for placement of juveniles; the state must continue to work on providing counties with the direction and funding to establish appropriate placements for youth.

HB 007 Election Code

HB 007 Election Code: Revisions

AN ACT relating to elections; providing for post election audits of tabulating equipment; providing for withdrawal of voter registration without notarization; amending terminology providing for retention of absentee ballots after acceptance; providing for verification of write-in candidates qualifications; providing timelines for initial renewal of mill levy proposition; repealing requirement to indicate date a voter became a resident of the county; and providing for an effective date.

OUR OFFICE WILL MONITOR THIS BILL ONLY.

Updates:
2/18 - This bill has passed second reading in the House.
3/9 - This bill passed and will go into effect on 7/1/10. This bill provides for easier and more efficient voting procedures.

HB 004 Criminal Procedure

HB 004 Criminal Procedure: Time Limits for Competency Evaluations

AN ACT relating to criminal procedure; amending the time period for competency evaluations of nonadjudicated defendants as specified; providing procedures for competency evolutions; authorizing courts to order release of relevant records as specified; requiring reports and hearings as specified; and providing for an effective date.

THIS BILL IS A BILL WE ARE MONITORING FOR DUE PROCESS RIGHTS AND PROTECTIONS.

Updates:
2/18 - This bill has passed second reading in the House.
3/9 - This bill passed and will go into effect on 7/1/10. This bill should make the process for completing competency evaluations more efficient.