Tuesday, January 15, 2013

Will Your Civil Liberties Be At Stake?

The 62nd Wyoming Legislature is in full swing, and things are moving quickly. The first week saw over 250 bills filed, with many more expected to come. While this session brought in a whole new class of law makers, we continue to have the same types of proposed legislation that we’ve seen over the past few years. For example, both HB97 & SF88 are extreme measures that would inject the State into women’s private medical decision, and effectively ban abortions in Wyoming. We intend to fight against these bills as they move through the legislative process, but remember that it’s very important for your legislators to hear from you! Learn how to participate during the legislative session.

We were thrilled to learn that Rep. Connolly (D–Laramie), along with several other sponsors, filed a marriage equality bill. We strongly support any pro-LGBT legislation! In addition, Rep. Connolly drafted an excellent bill that would extend significant benefits to domestic partnerships and same-sex couples.

Like in years past, we will advocate for laws that safeguard our civil liberties and fights against bills that threaten our freedoms. We will track any bills that impact civil liberties in Wyoming. Stay tuned to our blog throughout the session for continuous updates on bills we’re monitoring.

Here’s our current list of bills we’re monitoring:

HOUSE BILLS

HB23 – Juvenile parole eligibility
Sponsored by: Joint Judiciary Interim Committee

Description: AN ACT relating to crimes and offenses; modifying provisions relating to life sentences for juvenile offenders generally; eliminating life sentences without parole for juvenile offenders; and providing for an effective date.

Comment: This bill would bring Wyoming into compliance with recent U.S. Supreme Court decisions regarding mandatory life without parole for juveniles.

ACLU Position: SUPPORT

HB47 – Confidential student disciplinary hearing
Sponsored by: GREEAR

Description: AN ACT relating to children; providing that relevant proceedings of a court action involving misconduct of a minor may be disclosed to the minor's school district for purposes of suspension or expulsion of the minor from school as specified; and providing for an effective date.

Comment: This bill would allow confidential court records to be released to a number of school officials to add information to school suspensions and expulsions. This measure is much too broad. It’s unnecessary and violates privacy.

ACLU Position: OPPOSE

HB74 – Sex offenders – residence near child care facilities
Sponsored by: EKLUND

Description: AN ACT relating to crimes and offenses; prohibiting sex offenders from residing near child care facilities; and providing for an effective date.

Comment: Current sex offender registry list all sex offenders even those convicted of Romeo/Juliet offenses, urination in public etc. In many towns allow for no areas available for residence. Day care facilities change on a month to month basis and the list of providers is not easily available or comprehensive.

ACLU Position: OPPOSE

HB76 – Investigative subpoenas
Sponsored by: ZWONITZ,DV

Description: AN ACT relating to criminal procedure; providing for the issuance of investigative subpoenas for internet fraud; providing for confidentiality; providing definitions; and providing for an effective date.

Comment: This is a much improved version to similar bills we've seen the past two sessions, as it includes probable cause, but we would like to see some small changes on destruction of documents.

ACLU Position: OPPOSE

HB89 – Unemployment compensation – drug testing
Sponsored by: MADDEN

Description: AN ACT relating to unemployment insurance; disqualifying from unemployment benefits persons terminated from employment for illegal use of a controlled substance; requiring controlled substances testing for applicants as specified; providing for suspension of eligibility following a positive test for controlled substances; providing for rules and regulations; and providing for an effective date.

Comment: Invasion of privacy; overreaching by state; interference with contract between state and employer/employee. These programs have been found to be unnecessary and expensive, and can effect struggling families and children.

ACLU Position: OPPOSE

HB96 – Elections – ballot access and registration
Sponsored by: KROEKER

Description: AN ACT relating to elections; decreasing requirements for minor political party status; extending time for cancellation of registration; and providing for an effective date.

ACLU Position: SUPPORT

HB97 – No abortion after heartbeat
Sponsored by: KROEKER

Description: AN ACT relating to public health; providing that no abortion shall be performed after the embryo or fetus has a detectable fetal heartbeat; providing a definition; and providing for an effective date.

Comment: This bill would effectively ban almost all abortions in Wyoming; violates Roe v. Wade. Amounts to governmental interference in private medical decisions of women; violates Rove. v. Wade.

ACLU Position: STRONGLY OPPOSE

HB102 – Hospitalization of mentally ill persons
Sponsored by: Joint Labor, Health and Social Services Interim Committee

Description: AN ACT relating to emergency detention and involuntary hospitalization proceedings; providing that proceedings involving minor children be brought under the Child Protection Act, as specified; and providing for an effective date.

ACLU Position: MONITORING

HB114 – Liberty Preservation Act
Sponsored by: KROEKER

Description: AN ACT relating to criminal law; providing legislative declaration that portions of the National Defense Authorization Act of 2012 are unconstitutional; prohibiting enforcement of federal law as specified; providing penalties; and providing for an effective date.

Comment: Undoubtedly an unconstitutional usurpation of federal authority.

ACLU Position: MONITORING

HB133 – Human trafficking
Sponsored by: CONNOLLY

Description: AN ACT relating to crimes and offenses; defining criminal offenses related to human trafficking as specified; providing penalties; providing for restitution; providing an affirmative defense to prosecution of human trafficking victims as specified; providing for services to victims of human trafficking; providing for forfeiture of property as specified; making conforming amendments; and providing for an effective date.

ACLU Position: SUPPORT

HB 141 – Political party affiliation
Sponsored by: EKLUND

Description: AN ACT relating to elections; modifying when declaration of party affiliation is required and procedures relating to declaration; modifying when a voter may change party affiliation; and providing for an effective date.

Comment: Restricts voting rights

ACLU Position: OPPOSE

HB153 – Representation of children in compact proceedings
Sponsored by: THRONE

Description: AN ACT relating to the Interstate Compact on Juveniles; providing for appointment of the state public defender or a guardian ad litem to represent juveniles in accordance with the compact; and providing for an effective date.

ACLU Position: SUPPORT

HB154 – Representation of children in CHINS proceedings
Sponsored by: THRONE

Description: AN ACT relating to public defenders; providing for public defenders to represent children in child in need of supervision proceedings; and providing for an effective date.

ACLU Position: SUPPORT

HB168 – Domestic partnerships – rights and responsibilities
Sponsored by: CONNOLLY

Description: AN ACT relating to domestic relations; establishing domestic partnerships and related rights and responsibilities; specifying limits on domestic partnerships; requiring certificates; providing for the recognition of foreign domestic partnerships; establishing the presumed legitimacy of children of domestic partnerships; providing for dissolution of domestic partnerships; defining the applicability of other law; prohibiting multiple domestic partnerships; providing penalties; and providing for an effective date.

ACLU Position: STRONGLY SUPPORT

HB169 – Marriage – definitions
Sponsored by: CONNOLLY

Description: AN ACT relating to marriage; defining marriage as a contract between two natural persons; and providing for an effective date.

ACLU Position: STRONGLY SUPPORT

SENATE FILES

SF14 – Correctional industries
Sponsored by: Joint Judiciary Interim Committee

Description: AN ACT relating to penal institutions; expanding correctional industries program; clarifying provisions; amending procurement requirements relating to correctional industries program; and providing for an effective date.

ACLU Position: MONITORING

SF15 – Inmate transfers
Sponsored by: Joint Judiciary Interim Committee

Description: AN ACT relating to penal institutions; amending notification requirements for prisoners sentenced to custody of department of corrections; and providing for an effective date.

ACLU Position: MONITORING

SF17 – Community juvenile services
Sponsored by: Joint Judiciary Interim Committee

Description: AN ACT relating to community juvenile services; authorizing counties to be direct grant recipients of community juvenile services grants; modifying grant eligibility and requirements; conforming provisions; and providing for an effective date.

Comment: This bill does nothing more than support the current ineffective patch-work juvenile justice non-system.

ACLU Position: OPPOSE

SF65 – Enticement of a minor
Sponsored by: HICKS

Description: AN ACT relating to crimes and offenses; defining the offense of enticement of a minor; providing criminal penalties; and providing for an effective date.

Comment: This bill is broad and vague; most likely unconstitutional as it fails to clearly state what the crime consists of.

ACLU Position: OPPPOSE

SF67 – Wiretap authorization
Sponsored by: Joint Judiciary Interim Committee

Description: AN ACT relating to criminal procedure; modifying authorization for communication interception, pen registers and traps and trace devices; clarifying conditions and procedure for communication interception; and providing for an effective date.

Comment: This bill would extend law enforcement’s authority to wiretap citizen’s phones. This authorization can cover all types of electronic communication including emails, computer files, chat room conversations, etc.

ACLU Position: OPPOSE

SF88 – Women’s right to reproductive safety and information
Sponsored by: NUTTING

Description: AN ACT relating to public health and safety; requiring physicians to obtain a signed acknowledgment as specified when obtaining a pregnant woman's consent to an abortion; requiring the disclosure of information; requiring the retention of records; providing exceptions; providing definitions; and providing for an effective date.

Comment: This bill would effectively ban almost all abortions in Wyoming; violates Roe v. Wade. Amounts to governmental interference in private medical decisions of women; violates Rove. v. Wade.

ACLU Position: STRONGLY OPPOSE

SF108 – Primary elections
Sponsored by: ROTHFUSS

Description: AN ACT relating to elections; providing for primary elections allowing any voter to vote for any candidate running; eliminating election of precinct committeemen and committeewomen; providing for the candidates with the two highest votes in the primary to advance to the general election; providing for filling of vacancies in nomination; providing conforming amendments; and providing for an effective date.

ACLU Position: MONITORING