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Title 7 Criminal Procedure

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Change 1

What to do with it
As published

7-3-507. 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; or (iii) Any person with legal authority to act on behalf of the victim if the victim is: (A) A minor; (B) A vulnerable adult as defined in W.S. 35-20-102(a)(xviii); (C) Any other adult who, because of age, disability, health or inaccessibility, cannot file the petition. (b) The petition shall be accompanied or supplemented by one (1) or more sworn affidavits setting out specific facts showing the alleged stalking or sexual assault and the identity of the alleged perpetrator. (c) No filing fee shall be charged for the filing of a petition under this section nor shall a fee be charged for service of process. (d) The attorney general shall promulgate a standard petition form that may be used by petitioners. The clerk of the circuit or district court shall make standard petition forms available to petitioners, with instructions for completion, without charge. If the petition is not filed by the district attorney, the court may appoint an attorney to represent the victim in the action. Nothing in this subsection shall prevent the victim from hiring an attorney or filing a petition pro se. (e) A petition may be filed under this section whether or not the individual who is alleged to have engaged in a course of conduct prohibited under W.S. 6-2-506 or engaged in the conduct specified in W.S. 7-3-506(a)(iii) has been charged or convicted for the alleged crime. (f) For any hearing required or authorized for proceedings under W.S. 7-3-506 through 7-3-512, the petitioner or other party to the hearing may petition the court to appear at the hearing by remote means. The court may, in its discretion, grant the petition for remote appearance at the hearing, provided that the court is equipped with appropriate audio or video technology to allow the petitioner or other party to fully participate in the hearing.

Your change, as a redline

7-3-507. 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; or (iii) Any person with legal authority to act on behalf of the victim if the victim is: (A) A minor; (B) A vulnerable adult as defined in W.S. 35-20-102(a)(xviii); (C) Any other adult who, because of age, disability, health or inaccessibility, cannot file the petition. (b) The petition shall be accompanied or supplemented by one (1) or more sworn affidavits setting out specific facts showing the alleged stalking or sexual assault and the identity of the alleged perpetrator. (c) No filing fee shall be charged for the filing of a petition under this section nor shall a fee be charged for service of process. (d) The attorney general shall promulgate a standard petition form that may be used by petitioners. The clerk of the circuit or district court shall make standard petition forms available to petitioners, with instructions for completion, without charge. If the petition is not filed by the district attorney, the court may appoint an attorney to represent the victim in the action. Nothing in this subsection shall prevent the victim from hiring an attorney or filing a petition pro se. (e) A petition may be filed under this section whether or not the individual who is alleged to have engaged in a course of conduct prohibited under W.S. 6-2-506 or engaged in the conduct specified in W.S. 7-3-506(a)(iii) has been charged or convicted for the alleged crime. (f) For any hearing required or authorized for proceedings under W.S. 7-3-506 through 7-3-512, the petitioner or other party to the hearing may petition the court to appear at the hearing by remote means. The court may, in its discretion, grant the petition for remote appearance at the hearing, provided that the court is equipped with appropriate audio or video technology to allow the petitioner or other party to fully participate in the hearing.

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