Law

Title 1 Civil Procedure

Wyoming · 1 · statute

Ask the law about thisMore laws of WyomingFor machines: Markdown

Open at the publisher →

The publisher does not state since when this version applies. Read on 2026-11-07.

Copy read on 2026-11-07. The page it was read from

sha256 44b895e013260515acaedb4ba103fb746bf53e73c973d533ea66a98067433a9f

Contents: 1,032 provisions
  1. 1-1-101. Provisions to be liberally construed.
  2. 1-1-102. Minors as parties to actions.
  3. 1-1-103. Power of deputies.
  4. 1-1-104. Sureties; justification.
  5. 1-1-105. Sureties; qualifications.
  6. 1-1-106. Compensation of cross demands.
  7. 1-1-107. Furnishing of transcripts.
  8. 1-1-108. Voluntary partial payment of liability claims.
  9. 1-1-109. Comparative fault.
  10. 1-1-110. Repealed by Laws 1986, ch. 24, § 2.
  11. 1-1-111. Repealed by Laws 1986, ch. 24, § 2.
  12. 1-1-112. Repealed by Laws 1986, ch. 24, § 2.
  13. 1-1-113. Repealed by Laws 1986, ch. 24, § 2.
  14. 1-1-114. Pleading of damages.
  15. 1-1-115. Civil liability for unpaid checks.
  16. 1-1-116. Civil liability for theft of services.
  17. 1-1-117. Affidavits of noninvolvement.
  18. 1-1-118. Amateur rodeos; liability for injuries; consent to participate.
  19. 1-1-119. Release or covenant not to sue.
  20. 1-1-120. Persons rendering emergency assistance exempt from civil liability.
  21. 1-1-121. Recreation Safety Act; short title.
  22. 1-1-122. Definitions.
  23. 1-1-123. Assumption of risk.
  24. 1-1-123.1. Ski Safety Act; short title.
  25. 1-1-123.2. Definitions.
  26. 1-1-123.3. Duties of ski area operators; signs for trails; notices to skiers; duties of skiers.
  27. 1-1-123.4. Assumption of risks; limitations on actions.
  28. 1-1-123.5. Negligence; civil actions.
  29. 1-1-124. Pretrial screening.
  30. 1-1-125. Immunity for volunteers; volunteer firefighters; search and rescue.
  31. 1-1-126. Civil liability for stalking.
  32. 1-1-127. Civil liability for shoplifting.
  33. 1-1-128. Civil liability for theft of identity.
  34. 1-1-129. Immunity from liability for volunteer health care
  35. 1-1-130. Actions against health care providers; admissibility of evidence.
  36. 1-1-131. Short title.
  37. 1-1-132. Definitions.
  38. 1-1-133. Applicability.
  39. 1-1-134. Limitations on successor asbestos-related liabilities.
  40. 1-1-135. Establishing fair market value of total assets.
  41. 1-1-136. Adjustment.
  42. 1-1-137. Scope of act.
  43. 1-1-138. Donation of emergency responder equipment;
  44. 1-1-139. Civil liability for female genital mutilation.
  45. 1-1-140. Public utility exemption from civil liability; catastrophes caused by an act of God.
  46. 1-1-141. COVID-19 exposure and illness; assumption of the risk.
  47. 1-1-142. Immunity from liability for firearm manufacturers and sellers; definitions; exceptions.
  48. 1-1-143. Developers of artificial intelligence systems; liability; limitations.
  49. 1-2-101. Form.
  50. 1-2-102. Officers authorized to administer.
  51. 1-2-103. Affirmation in lieu of oath; manner of administering.
  52. 1-2-104. Certification of documents.
  53. 1-3-101. Applicability of provisions.
  54. 1-3-102. When actions may be commenced.
  55. 1-3-103. Recovery of real property; generally.
  56. 1-3-104. Recovery of real property; legal disability.
  57. 1-3-105. Actions other than recovery of real property.
  58. 1-3-106. When certain causes of action accrue.
  59. 1-3-107. Act, error or omission in rendering professional or health care services.
  60. 1-3-108. Official bonds and statutory undertakings.
  61. 1-3-109. Actions not otherwise limited.
  62. 1-3-110. "Substantial completion" defined.
  63. 1-3-111. Improvements to real property; generally.
  64. 1-3-112. Improvements to real property; exception as to persons in possession or control.
  65. 1-3-113. Improvements to real property; extension of limitations precluded.
  66. 1-3-114. Legal disabilities.
  67. 1-3-115. Liability created by federal statute.
  68. 1-3-116. Absence from state, abscondence or concealment.
  69. 1-3-117. Effect of foreign law.
  70. 1-3-118. Right to commence new action.
  71. 1-3-119. Effect of partial payment or new promise in writing.
  72. 1-4-101. Causes of action that survive.
  73. 1-4-102. Abatement of actions by death.
  74. 1-5-101. Actions to be brought where real property situated; exceptions.
  75. 1-5-102. Property situate in more than a single county.
  76. 1-5-103. Specific performance of sale contract for realty.
  77. 1-5-104. Actions to be brought where cause of action arose.
  78. 1-5-105. Actions against domestic corporations.
  79. 1-5-106. Actions against public carriers and railroad companies.
  80. 1-5-107. Actions against nonresidents and foreign corporations.
  81. 1-5-108. Actions not otherwise provided for; exception.
  82. 1-5-109. Actions for personal injuries or wrongful death.
  83. 1-6-101. Endorsement by sheriff required.
  84. 1-6-102. Service of process when sheriff is an interested party.
  85. 1-6-103. Appointment to serve particular process or order.
  86. 1-6-104. Duties of sheriff.
  87. 1-6-105. Proceedings when defendants not all served.
  88. 1-6-106. Lis pendens; generally.
  89. 1-6-107. Lis pendens; recordation when real property situate in other counties; constructive notice.
  90. 1-6-108. Lis pendens; notice of pendency of action affecting real property or action between husband and wife.
  91. 1-6-109. Lis pendens; record of notice.
  92. 1-6-110. Transmission of process by telecommunications.
  93. 1-6-111. Substitution of certified mail for registered mail.
  94. 1-6-201. Manner of publishing generally.
  95. 1-6-202. Notice for certain number of days.
  96. 1-6-203. Notice for specified number of weeks.
  97. 1-6-204. Publication of real property; descriptions used.
  98. 1-6-301. Secretary of state deemed attorney for service;
  99. 1-7-101. Liability for expenses in civil actions.
  100. 1-7-102. Venue in criminal cases generally.
  101. 1-7-103. Change of venue in civil actions.
  102. 1-8-101. Trial docket.
  103. 1-8-102. Order of hearing.
  104. 1-8-103. Copy of docket for bar.
  105. 1-9-101. Contents of affidavit showing lack of evidence or absent witness; procedure if evidence admitted.
  106. 1-9-102. Continuance for good cause.
  107. 1-10-101. Tender of money before action.
  108. 1-10-102. Tender of payment other than money or performance of labor.
  109. 1-10-103. Offer to confess judgment before action brought.
  110. 1-10-104. Offer in court to confess for part of claim or causes.
  111. 1-10-105. Offer to confess not to affect trial.
  112. 1-10-106. Applicability of confession of judgment provisions.
  113. 1-11-101. Qualifications of juror.
  114. 1-11-102. Convicted felon disqualified.
  115. 1-11-103. Persons exempt as juror; duty to discharge.
  116. 1-11-104. Causes for excusal.
  117. 1-11-105. Exemption affidavit required; failure to file.
  118. 1-11-106. Jury lists; preparation of base jury lists; selecting jury panel; certificate and summons.
  119. 1-11-107. Repealed By Laws 2014, Ch. 53, § 2.
  120. 1-11-108. Jury panel in circuit courts; functions, powers and duties of judges thereof.
  121. 1-11-109. Procedure for selecting jury; contents of certificate; summons.
  122. 1-11-110. Repealed by Laws 1983, ch. 138, § 3.
  123. 1-11-111. Repealed by Laws 1983, ch. 138, § 3.
  124. 1-11-112. Jurors to appear at time specified.
  125. 1-11-113. Completion of jury panel.
  126. 1-11-114. Service of summons; proof of service.
  127. 1-11-115. Failure of juror to attend.
  128. 1-11-116. Empaneling of jury.
  129. 1-11-117. Repealed By Laws 2014, Ch. 53, § 2.
  130. 1-11-118. Procedure upon exhaustion of prospective jurors during empaneling.
  131. 1-11-119. Number of jurors; fees and mileage.
  132. 1-11-120. Persons sworn to constitute jury; generally.
  133. 1-11-121. Repealed By Laws 2014, Ch. 53, § 2.
  134. 1-11-122. Discharge of jurors.
  135. 1-11-123. Discharge of jurors; absent or excused jurors.
  136. 1-11-124. Repealed By Laws 2014, Ch. 53, § 2.
  137. 1-11-125. Procedure when sufficient number of jurors fail to attend.
  138. 1-11-126. No objection that jury not original one returned.
  139. 1-11-127. Repealed By Laws 2014, Ch. 53, § 2.
  140. 1-11-128. Repealed By Laws 2014, Ch. 53, § 2.
  141. 1-11-129. Procedure for maintaining jury lists.
  142. 1-11-201. Oath of jurors; jury ordered into custody.
  143. 1-11-202. Peremptory challenges allowed.
  144. 1-11-203. Challenges for cause; grounds.
  145. 1-11-204. Challenges for cause; trial.
  146. 1-11-205. Order of trial.
  147. 1-11-206. View of property or place by jury.
  148. 1-11-207. Decision or deliberation by jury; duty of officer in charge of jury.
  149. 1-11-208. Admonition to jurors when permitted to separate.
  150. 1-11-209. Further information after jury's retirement.
  151. 1-11-210. Discharge of jury without verdict.
  152. 1-11-211. Retrial after discharge of jury.
  153. 1-11-212. Rendition of verdict.
  154. 1-11-213. Further deliberation; polling jury.
  155. 1-11-214. Discharge of jury; correcting defective verdict.
  156. 1-11-301. Fees in district court generally.
  157. 1-11-302. Mileage rate.
  158. 1-11-303. Amount of fees.
  159. 1-11-304. Certificate issued to jurors.
  160. 1-11-401. Protection of jurors' employment.
  161. 1-12-101. Privileged communications and acts.
  162. 1-12-102. When party incapable of testifying.
  163. 1-12-103. Compelling testimony of adverse parties in civil and criminal actions.
  164. 1-12-104. Husband and wife as witnesses in civil and criminal cases.
  165. 1-12-105. Right of witness to demand fees; failure to pay; payments noted.
  166. 1-12-106. Contempt of court by witness.
  167. 1-12-107. Attachment of witness who disobeys subpoena.
  168. 1-12-108. Punishment for contempt by witness.
  169. 1-12-109. Discharge of imprisoned witness.
  170. 1-12-110. Attachment for arrest or order of commitment; execution.
  171. 1-12-111. Procuring testimony of imprisoned witness.
  172. 1-12-112. Taking of prisoner's deposition.
  173. 1-12-113. Immunity of witness obeying subpoena.
  174. 1-12-114. Oath of witness.
  175. 1-12-115. Testimony for use in foreign jurisdiction.
  176. 1-12-116. Confidential communications between family violence and sexual assault advocate and victim.
  177. 1-12-201. Copies of documents filed with interstate commerce or public service commissions.
  178. 1-12-301. Proof of laws of foreign jurisdictions.
  179. 1-12-302. Judicial notice required.
  180. 1-12-303. Manner of obtaining information.
  181. 1-12-304. Determination of foreign law; reviewability.
  182. 1-12-305. Reasonable notice to be given adverse party.
  183. 1-12-306. Laws of jurisdictions outside United States.
  184. 1-12-401. Written finding of presumed death admissible as evidence.
  185. 1-12-402. Official report that person is missing or captured as evidence of person's condition.
  186. 1-12-403. Findings and reports and records deemed prima facie valid.
  187. 1-12-501. Survivorship upon simultaneous death.
  188. 1-12-502. Renumbered by Laws 1979, ch. 142, § 3.
  189. 1-12-601. Injury by health care providers; burden of proof.
  190. 1-13-101. Constitutional questions; generally.
  191. 1-13-102. Constitutional questions; clerk's duties; rules.
  192. 1-13-103. Constitutional questions; remand for further proceedings.
  193. 1-13-104. Questions from federal courts; generally.
  194. 1-13-105. Questions from federal courts; definitions.
  195. 1-13-106. Questions from federal courts; authority of supreme court.
  196. 1-13-107. Questions from federal courts; rules.
  197. 1-14-101. "Folio" defined.
  198. 1-14-102. Witness fees; fees for expert witnesses in civil and criminal cases.
  199. 1-14-103. Witness or juror to receive only single fee.
  200. 1-14-104. Physician testifying as expert or performing postmortem or autopsy; fees.
  201. 1-14-105. Physician testifying as expert or performing
  202. 1-14-106. Payment of fees in criminal cases.
  203. 1-14-107. Record of attendance and fees of jurors and witnesses.
  204. 1-14-108. Statement of attendance of jurors and witnesses in criminal cases.
  205. 1-14-109. Repealed by Laws 2009, Ch. 168, § 207.
  206. 1-14-110. Only actual mileage allowed for service; liability for false statement.
  207. 1-14-111. Witness or juror entitled to but single day's service for multiple criminal cases and on grand juries.
  208. 1-14-112. Court officers not allowed witness fees.
  209. 1-14-113. Officer's fees to be posted; penalty.
  210. 1-14-114. Officer's return to show his fees.
  211. 1-14-115. Right to receive certified bill of costs or fees.
  212. 1-14-116. Repealed By Laws 2004, Chapter 42, § 2.
  213. 1-14-117. Disposition of costs collected.
  214. 1-14-118. Payment of fees and compensation.
  215. 1-14-119. Nonresidents and partnerships suing in company name to furnish security; requirements.
  216. 1-14-120. Nonresidents and partnerships suing in company name to furnish security; failure to give security.
  217. 1-14-121. Nonresident and partnership suing in company
  218. 1-14-122. Additional security upon motion of defendant.
  219. 1-14-123. Judgment against surety for costs; execution.
  220. 1-14-124. Costs allowed for recovery of money or property.
  221. 1-14-125. When costs not recoverable by plaintiff.
  222. 1-14-126. Costs in discretion of court.
  223. 1-14-127. Recovery of costs when several actions brought on same instrument.
  224. 1-14-128. Repealed by Laws 2009, Ch. 168, § 102.
  225. 1-15-101. Applicability.
  226. 1-15-102. Definitions.
  227. 1-15-103. General procedures relating to prejudgment writs
  228. 1-15-104. Prejudgment writs; bond required; objection to
  229. 1-15-105. Writs; release of property or discharge of writ;
  230. 1-15-106. Discharge of improperly issued writs.
  231. 1-15-107. Notice of exemptions; right to a hearing; procedures.
  232. 1-15-108. Forms.
  233. 1-15-201. When attachment may issue; affidavit.
  234. 1-15-202. Issuance of writ; contents.
  235. 1-15-203. Manner of executing writ.
  236. 1-15-204. Third party claims; indemnity to sheriff; application for release.
  237. 1-15-205. Return of sheriff; inventory of property.
  238. 1-15-206. Examination of defendant.
  239. 1-15-207. Sale of attached property before judgment.
  240. 1-15-208. Satisfaction of judgment; deficiency; redelivery of property.
  241. 1-15-209. Proceedings where defendant prevails.
  242. 1-15-210. Release of attachment upon real property.
  243. 1-15-211. Attachment before maturity of claim.
  244. 1-15-212. Property bound from time of service.
  245. 1-15-301. Possession of personal property pending action.
  246. 1-15-302. Affidavit.
  247. 1-15-303. Issuance of writ; undertaking; service.
  248. 1-15-304. Delivery of property.
  249. 1-15-305. Return of sheriff.
  250. 1-15-306. Claim to property by third party.
  251. 1-15-401. Availability of writ of garnishment.
  252. 1-15-402. Property subject to garnishment.
  253. 1-15-403. Affidavit for writ of prejudgment garnishment.
  254. 1-15-404. Issuance of writ of prejudgment garnishment.
  255. 1-15-405. Issuance of writ of post judgment garnishment; multiple writs.
  256. 1-15-406. Content of writ of prejudgment or post judgment garnishment; to whom directed.
  257. 1-15-407. Answer of garnishee; release of garnishee.
  258. 1-15-408. Garnishment of earnings for personal services.
  259. 1-15-409. Service of writ; return; copy to defendant.
  260. 1-15-410. Release or discharge of garnishment.
  261. 1-15-411. Delivery of property.
  262. 1-15-412. Reply to answer of garnishee; trial of issues; judgment.
  263. 1-15-413. Judgment on answer of garnishee.
  264. 1-15-414. Proceedings on failure of garnishee to answer.
  265. 1-15-415. Judgment discharges garnishee for amount paid.
  266. 1-15-416. Intervention or interpleader of third persons.
  267. 1-15-417. Claims of garnishee against plaintiff or defendant.
  268. 1-15-418. Liability of garnishee on negotiable instruments.
  269. 1-15-419. When garnishee is mortgagee or pledgee.
  270. 1-15-420. Where property held to secure performance of other obligation.
  271. 1-15-421. Disposition of property.
  272. 1-15-422. Effect of discharge of garnishee.
  273. 1-15-423. Execution on judgment against garnishee for debt not due.
  274. 1-15-424. Failure to proceed against nonexempt garnished earnings.
  275. 1-15-425. Garnishee bound.
  276. 1-15-501. Definitions.
  277. 1-15-502. Continuing garnishment; creation of lien.
  278. 1-15-503. Earnings subject to continuing garnishment.
  279. 1-15-504. Priority between multiple garnishments.
  280. 1-15-505. Service of writ; notice to judgment debtor in continuing garnishment; payment to clerk of court.
  281. 1-15-506. Service of notice upon judgment debtor; answer and tender of payment by garnishee.
  282. 1-15-507. Judgment debtor to file written objection.
  283. 1-15-508. Hearing on objection.
  284. 1-15-509. No discharge from employment for any garnishment; general prohibition.
  285. 1-15-510. Forms.
  286. 1-15-511. Limitation on continuing garnishment.
  287. 1-16-101. Rights of minors reserved.
  288. 1-16-102. Interest on judgments.
  289. 1-16-103. Penalty assessed on unpaid judgment by operation of law.
  290. 1-16-201. Right to confess judgment.
  291. 1-16-202. Warrant of attorney to be produced.
  292. 1-16-203. Repealed by Laws 1988, ch. 37, § 3.
  293. 1-16-301. Recordation of judgments and orders where real property affected.
  294. 1-16-302. Record; requirement.
  295. 1-16-303. Record; contents.
  296. 1-16-304. Transcription into new volume.
  297. 1-16-305. When complete record not required.
  298. 1-16-306. Record in dismissed action.
  299. 1-16-307. Index to judgments.
  300. 1-16-308. Release of satisfied judgment; requirement.
  301. 1-16-309. Release of satisfied judgment; liability for failure.
  302. 1-16-401. Authority of court; grounds.
  303. 1-16-402. Opening judgment or order rendered on service by publication.
  304. 1-16-403. Bona fide purchasers unaffected.
  305. 1-16-404. Grounds to vacate tried first.
  306. 1-16-405. Proceedings prior to vacation and upon modification.
  307. 1-16-406. Injunction; suspension of judgment or order.
  308. 1-16-407. Injunction; suspension of premature judgment.
  309. 1-16-408. Limitation on time for proceedings.
  310. 1-16-409. Applicability of provisions to supreme court.
  311. 1-16-501. Proceeding against parties not summoned and persons whose liability unknown.
  312. 1-16-502. Revivor of dormant judgments; generally.
  313. 1-16-503. Revivor of dormant judgments; limitations on time to revive.
  314. 1-16-504. Revivor when parties die after judgment.
  315. 1-16-505. Partners made parties to judgment.
  316. 1-16-506. Sureties made parties to judgment.
  317. 1-16-601. Short title.
  318. 1-16-602. Definitions.
  319. 1-16-603. Required disclosures to payee.
  320. 1-16-604. Approval of transfers of structured settlement payment rights.
  321. 1-16-605. Effects of transfer of structured settlement payment rights.
  322. 1-16-606. Procedure for approval of transfers.
  323. 1-16-607. General provisions; construction.
  324. 1-17-101. Execution defined; issuance; kinds.
  325. 1-17-102. Request for hearing when property seized under execution.
  326. 1-17-201. Right to stay; procedure.
  327. 1-17-202. Notice to sheriff; relinquishment of property.
  328. 1-17-203. Effect of recognizance.
  329. 1-17-204. Execution at expiration of stay.
  330. 1-17-205. No stay on "not repleviable" judgments.
  331. 1-17-206. No stay where sureties object; exception.
  332. 1-17-207. Execution upon affidavit of surety; generally.
  333. 1-17-208. Execution upon affidavit of surety; effect of new surety.
  334. 1-17-209. Time of stay excluded for execution.
  335. 1-17-210. Stay on appeal.
  336. 1-17-301. Property subject to execution.
  337. 1-17-302. When lien attaches to property; generally.
  338. 1-17-303. When lien attaches to property; judgment of supreme court.
  339. 1-17-304. Recording lien on real estate in other counties.
  340. 1-17-305. Lien of judgments of federal courts.
  341. 1-17-306. Lien of judgments of circuit courts.
  342. 1-17-307. When judgment becomes dormant.
  343. 1-17-308. Writs of execution; generally.
  344. 1-17-309. Writs of execution; preferences.
  345. 1-17-310. Writs of execution; levy.
  346. 1-17-311. Bond for future delivery of property; failure to perform.
  347. 1-17-312. Notice of execution sale.
  348. 1-17-313. Alias execution.
  349. 1-17-314. Sale to be at public auction; when private sale authorized.
  350. 1-17-315. Additional levy.
  351. 1-17-316. Appraisement of real property required; exception.
  352. 1-17-317. Official property sold without valuation.
  353. 1-17-318. Return on execution; record.
  354. 1-17-319. Disposition of nonrealty proceeds.
  355. 1-17-320. Failure of realty purchaser to pay.
  356. 1-17-321. Confirmation of sale of realty and order for deed; disposition of proceeds.
  357. 1-17-322. Conveyance of realty by master commissioner.
  358. 1-17-323. Administering of oaths; sheriff as commissioner; sales by master.
  359. 1-17-324. Effect of deed.
  360. 1-17-325. Printer's fees for notice.
  361. 1-17-326. Where realty sold; certain purchases void.
  362. 1-17-327. Alias executions against realty.
  363. 1-17-328. Separate levies on separate parcels of land.
  364. 1-17-329. Certificate or deed by successor officer.
  365. 1-17-330. Disposition of surplus proceeds.
  366. 1-17-331. Effect of reversal of judgment.
  367. 1-17-332. Rights of purchaser where sale invalid.
  368. 1-17-333. Sale of wrong property; vacation of satisfaction.
  369. 1-17-334. Sale of wrong property; remedy of levying officer.
  370. 1-17-335. Sale of wrong property; rights of defendant and surety.
  371. 1-17-336. When judgment loses preference; lien to continue for a year.
  372. 1-17-337. New appraisement of realty or execution; direction of sale price by court.
  373. 1-17-338. Court order to sell land on time; terms of sale.
  374. 1-17-339. Return of execution.
  375. 1-17-340. Repealed by Laws 1988, ch. 37, § 3.
  376. 1-17-341. Appraiser's fees.
  377. 1-17-342. Return of execution to another county by mail.
  378. 1-17-343. Forwarding of money by mail.
  379. 1-17-344. Execution docket; entries.
  380. 1-17-345. Execution docket; index.
  381. 1-17-401. Action against equitable assets.
  382. 1-17-402. Discovery in aid of execution.
  383. 1-17-403. Repealed by Laws 1988, ch. 37, § 3.
  384. 1-17-404. Repealed by Laws 1988, ch. 37, § 3.
  385. 1-17-405. Repealed by Laws 1987, ch. 198, § 4.
  386. 1-17-406. Repealed by Laws 1988, ch. 37, § 3.
  387. 1-17-407. Repealed by Laws 1988, ch. 37, § 3.
  388. 1-17-408. Repealed by Laws 1988, ch. 37, § 3.
  389. 1-17-409. Repealed by Laws 1988, ch. 37, § 3.
  390. 1-17-410. Repealed by Laws 1987, ch. 198, § 4.
  391. 1-17-411. Order for satisfaction of judgment; request for a hearing.
  392. 1-17-412. Appointment of receiver; control of property.
  393. 1-17-413. Appointment of sheriff or another as receiver.
  394. 1-17-414. Sale of judgment debtor's equitable or other interest in realty.
  395. 1-17-415. Filing of orders.
  396. 1-17-416. Costs.
  397. 1-17-417. Lien on debtor vendee's interest in personalty; interest defined.
  398. 1-17-418. Lien on debtor vendee's interest in personalty; manner and effect of sale.
  399. 1-17-501. Repealed by Laws 1987, ch. 198, § 4.
  400. 1-17-502. Repealed by Laws 1987, ch. 198, § 4.
  401. 1-17-503. Repealed by Laws 1987, ch. 198, § 4.
  402. 1-17-504. Repealed by Laws 1987, ch. 198, § 4.
  403. 1-17-505. Repealed by Laws 1987, ch. 198, § 4.
  404. 1-17-601. Repealed by Laws 1988, ch. 37, § 3.
  405. 1-17-602. Repealed by Laws 1988, ch. 37, § 3.
  406. 1-17-603. Repealed by Laws 1988, ch. 37, § 3.
  407. 1-17-604. Repealed by Laws 1988, ch. 37, § 3.
  408. 1-17-605. Repealed by Laws 1988, ch. 37, § 3.
  409. 1-17-606. Repealed by Laws 1988, ch. 37, § 3.
  410. 1-17-607. Repealed by Laws 1988, ch. 37, § 3.
  411. 1-17-608. Repealed by Laws 1988, ch. 37, § 3.
  412. 1-17-609. Repealed by Laws 1988, ch. 37, § 3.
  413. 1-17-610. Repealed by Laws 1988, ch. 37, § 3.
  414. 1-17-611. Repealed by Laws 1988, ch. 37, § 3.
  415. 1-17-612. Repealed by Laws 1988, ch. 37, § 3.
  416. 1-17-613. Repealed by Laws 1988, ch. 37, § 3.
  417. 1-17-614. Repealed by Laws 1988, ch. 37, § 3.
  418. 1-17-701. Short title.
  419. 1-17-702. "Foreign judgment" defined.
  420. 1-17-703. Filing of foreign judgment; effect of filing.
  421. 1-17-704. Affidavit required; notice of filing; execution.
  422. 1-17-705. Stay of enforcement.
  423. 1-17-706. Fees.
  424. 1-17-707. Right of action unimpaired.
  425. 1-18-102. Certificate of purchase in lieu of deed; contents; recordation of duplicate; admissibility.
  426. 1-18-103. Right of redemption; redemption of agricultural real estate; "agricultural real estate" defined.
  427. 1-18-104. Redemption by judgment creditors and others;
  428. 1-18-105. Redemption of whole or portion permitted.
  429. 1-18-106. Certificate of redemption; recordation; fee.
  430. 1-18-107. Commission of officers.
  431. 1-18-108. Assignment of certificate of purchase.
  432. 1-18-109. Contents of deed; form.
  433. 1-18-110. Effect of deed.
  434. 1-18-111. Sale on foreclosure of mortgage; generally.
  435. 1-18-112. Sale on foreclosure of mortgage; property in more than single county.
  436. 1-18-113. Payment of proceeds.
  437. 1-18-114. Omitted parties; definitions.
  438. 1-18-115. Rescission of foreclosure sale.
  439. 1-19-101. Right to levy and sale.
  440. 1-19-102. Duty to furnish statement of defendant's rights or shares.
  441. 1-19-103. Manner of making levy.
  442. 1-19-104. Sale of rights or shares.
  443. 1-19-105. Certificate of sale; transfer on corporate books.
  444. 1-19-106. Rights and privileges of purchasers.
  445. 1-19-107. Effect of levy.
  446. 1-19-108. Liability of shares pledged or used as collateral.
  447. 1-20-101. Homestead exemption; right.
  448. 1-20-102. Homestead exemption; when operative.
  449. 1-20-103. Homestead exemption; right of family survivors.
  450. 1-20-104. Homestead exemption; composition.
  451. 1-20-105. Wearing apparel.
  452. 1-20-106. Exemption of other personal property; personalty used in livelihood; appraisement.
  453. 1-20-107. Exemptions when head of family dies.
  454. 1-20-108. Exception; residency required.
  455. 1-20-109. Exemptions from estates in bankruptcy.
  456. 1-20-110. Exemption for retirement funds and accounts.
  457. 1-20-111. Exemption for contributions to a medical savings account.
  458. 1-21-101. Docket to be kept; contents.
  459. 1-21-102. Proceedings when title or boundaries to land in question.
  460. 1-21-103. Payment of costs for witness not examined.
  461. 1-21-201. Procedure generally; jurisdiction extended.
  462. 1-21-202. Commencement of actions; remedy cumulative; continuance to obtain attorney; docketing.
  463. 1-21-203. Affidavit of claim; service of summons; venue jurisdiction.
  464. 1-21-204. Time for appearance.
  465. 1-21-205. Pleading and hearing; execution.
  466. 1-21-301. Repealed by laws 1987, ch. 198, § 4.
  467. 1-21-302. Repealed by laws 1987, ch. 198, § 4.
  468. 1-21-303. Repealed by laws 1987, ch. 198, § 4.
  469. 1-21-304. Repealed by laws 1987, ch. 198, § 4.
  470. 1-21-305. Repealed by laws 1987, ch. 198, § 4.
  471. 1-21-306. Repealed by laws 1987, ch. 198, § 4.
  472. 1-21-307. Repealed by laws 1987, ch. 198, § 4.
  473. 1-21-308. Repealed by laws 1987, ch. 198, § 4.
  474. 1-21-309. Repealed by laws 1987, ch. 198, § 4.
  475. 1-21-310. Repealed by laws 1987, ch. 198, § 4.
  476. 1-21-311. Repealed by laws 1987, ch. 198, § 4.
  477. 1-21-312. Repealed by laws 1987, ch. 198, § 4.
  478. 1-21-313. Repealed by laws 1987, ch. 198, § 4.
  479. 1-21-314. Repealed by laws 1987, ch. 198, § 4.
  480. 1-21-315. Repealed by laws 1987, ch. 198, § 4.
  481. 1-21-316. Repealed by laws 1987, ch. 198, § 4.
  482. 1-21-317. Repealed by laws 1987, ch. 198, § 4.
  483. 1-21-318. Repealed by laws 1987, ch. 198, § 4.
  484. 1-21-319. Repealed by laws 1987, ch. 198, § 4.
  485. 1-21-320. Repealed by laws 1987, ch. 198, § 4.
  486. 1-21-321. Repealed by laws 1987, ch. 198, § 4.
  487. 1-21-322. Repealed by laws 1987, ch. 198, § 4.
  488. 1-21-323. Repealed by laws 1987, ch. 198, § 4.
  489. 1-21-324. Repealed by laws 1987, ch. 198, § 4.
  490. 1-21-325. Repealed by laws 1987, ch. 198, § 4.
  491. 1-21-326. Repealed by laws 1987, ch. 198, § 4.
  492. 1-21-327. Repealed by laws 1987, ch. 198, § 4.
  493. 1-21-328. Repealed by laws 1987, ch. 198, § 4.
  494. 1-21-329. Repealed by laws 1987, ch. 198, § 4.
  495. 1-21-330. Repealed by laws 1987, ch. 198, § 4.
  496. 1-21-331. Repealed by laws 1987, ch. 198, § 4.
  497. 1-21-332. Repealed by laws 1987, ch. 198, § 4.
  498. 1-21-333. Repealed by laws 1987, ch. 198, § 4.
  499. 1-21-401. Endorsement of payments and satisfaction and release; requirements.
  500. 1-21-402. Endorsement of payments and satisfaction and release; penalty.
  501. 1-21-403. Appeal of forcible entry and detainer actions.
  502. 1-21-501. Issuance of execution.
  503. 1-21-502. Form and contents of execution.
  504. 1-21-503. Endorsement on execution.
  505. 1-21-504. Renewal of execution.
  506. 1-21-505. Repealed by Laws 1987, ch. 198, § 4.
  507. 1-21-506. Receipt of money.
  508. 1-21-507. Rights of surety.
  509. 1-21-508. Execution against joint debtors.
  510. 1-21-509. Right to sue surety.
  511. 1-21-510. Execution for costs.
  512. 1-21-511. Right to stay of execution.
  513. 1-21-512. Time for which stay granted.
  514. 1-21-513. Cases in which stay not allowed.
  515. 1-21-514. Recall of execution.
  516. 1-21-515. Conditions under which execution issued notwithstanding stay.
  517. 1-21-516. Giving of further bond.
  518. 1-21-517. Discovery in aid of execution.
  519. 1-21-601. Notice of sale.
  520. 1-21-602. Manner of conducting sale; return.
  521. 1-21-603. Officer not to purchase.
  522. 1-21-702. Judgment for claimant; restoration of property.
  523. 1-21-703. Judgment against claimant.
  524. 1-21-801. Procedure generally.
  525. 1-21-802. Appeal of setting aside award; grounds.
  526. 1-21-803. Appeal of setting aside award; proceedings in district court.
  527. 1-21-804. Appeal of setting aside award; affirmance.
  528. 1-21-901. Grounds.
  529. 1-21-902. Repealed By Laws 2005, ch. 90, § 2.
  530. 1-21-903. Hearing required; warrant of attachment.
  531. 1-21-904. Summary proceedings if offender present.
  532. 1-21-905. Warrant of commitment.
  533. 1-21-906. Commitment of witness; generally.
  534. 1-21-907. Commitment of witness; order.
  535. 1-21-908. Commitment of witness; adjournment.
  536. 1-21-909. Failure of witness to attend.
  537. 1-21-1001. Jurisdiction of circuit courts.
  538. 1-21-1002. When proceedings allowed.
  539. 1-21-1003. Notice to quit premises required.
  540. 1-21-1004. Summons; service and return.
  541. 1-21-1005. Proceedings when defendant fails to appear.
  542. 1-21-1006. Proceedings when defendant appears.
  543. 1-21-1007. Bond on granting continuance.
  544. 1-21-1008. Trial by judge or jury; judgment and costs.
  545. 1-21-1009. Trial by jury; verdict.
  546. 1-21-1010. Judgment upon verdict.
  547. 1-21-1011. Exceptions.
  548. 1-21-1012. Writ of restitution; issuance.
  549. 1-21-1013. Writ of restitution; execution and return.
  550. 1-21-1014. Proceedings upon stay on appeal; bond required.
  551. 1-21-1015. Rents to be deposited on appeal.
  552. 1-21-1016. Ejectment not barred.
  553. 1-21-1017. Corporate and business representation in proceedings.
  554. 1-21-1101. Repealed By Laws 2005, ch. 90, § 2.
  555. 1-21-1102. Repealed by Laws 1987, ch. 198, § 4.
  556. 1-21-1103. Repealed by Laws 1987, ch. 198, § 4.
  557. 1-21-1104. Repealed by Laws 1987, ch. 198, § 4.
  558. 1-21-1105. Repealed by Laws 1987, ch. 198, § 4.
  559. 1-21-1106. Repealed by Laws 1987, ch. 198, § 4.
  560. 1-21-1107. Repealed by Laws 1987, ch. 198, § 4.
  561. 1-21-1108. Repealed by Laws 1987, ch. 198, § 4.
  562. 1-21-1109. Repealed by Laws 1987, ch. 198, § 4.
  563. 1-21-1110. Repealed by Laws 1987, ch. 198, § 4.
  564. 1-21-1111. Repealed by Laws 1987, ch. 198, § 4.
  565. 1-21-1112. Repealed by Laws 1987, ch. 198, § 4.
  566. 1-21-1113. Repealed by Laws 1987, ch. 198, § 4.
  567. 1-21-1114. Repealed by Laws 1987, ch. 198, § 4.
  568. 1-21-1115. Repealed by Laws 1987, ch. 198, § 4.
  569. 1-21-1116. Repealed by Laws 1987, ch. 198, § 4.
  570. 1-21-1201. Definitions.
  571. 1-21-1202. Duties of owners and renters; generally.
  572. 1-21-1203. Owner's duties; notice by renter of
  573. 1-21-1204. Renter's duties.
  574. 1-21-1205. Prohibited acts by renter.
  575. 1-21-1206. Renter's remedies; notice to owner or agent;
  576. 1-21-1207. Required notice of nonrefundable deposit.
  577. 1-21-1208. Deductions from deposit; written itemization;
  578. 1-21-1209. Holder of owner's interest bound by provisions.
  579. 1-21-1210. Possession of premises and disposition of
  580. 1-21-1211. Owner's remedies; eviction; judicial remedies; damages.
  581. 1-21-1301. Short title.
  582. 1-21-1302. Definitions.
  583. 1-21-1303. Breach of lease; recovery of rent; affirmative defense.
  584. 1-21-1304. Prohibition of waiver or modification.
  585. 1-21-1401. Definitions.
  586. 1-21-1402. Limited alternative remedy for removal of unauthorized persons from residential property.
  587. 1-21-1403. Vacation of unauthorized persons; cause of action for wrongful removal.
  588. 1-22-101. Definitions.
  589. 1-22-102. Persons subject to adoption; applicability of Wyoming Indian Child Welfare Act.
  590. 1-22-103. Adopting parties.
  591. 1-22-104. Petition for adoption of minor; by whom filed;
  592. 1-22-105. Hearings to be closed; attendance of parties.
  593. 1-22-106. When petition to be filed; order for hearing.
  594. 1-22-107. Service of petition and order; when service by publication permitted; exception.
  595. 1-22-108. Hearing on petition and objections; findings by court; effect of default.
  596. 1-22-109. Consent to adoption.
  597. 1-22-110. When adoption permitted without consent.
  598. 1-22-111. Decree; investigation; denial of adoption.
  599. 1-22-112. Application for final decree.
  600. 1-22-113. Petition for adoption of an adult; consent required.
  601. 1-22-114. Effect of adoption.
  602. 1-22-115. Subsidization of adoption; qualification for payments; authority to adopt rules and regulations.
  603. 1-22-116. Medical history of natural parents and adoptive child.
  604. 1-22-117. Putative father registry.
  605. 1-22-201. Definitions.
  606. 1-22-202. Commission created; powers; duties.
  607. 1-22-203. Confidential intermediaries; confidential intermediary services.
  608. 1-23-101. Right of actions abolished.
  609. 1-23-102. Contracts or instruments based on right of
  610. 1-23-103. Filing pleading or service of process prohibited.
  611. 1-23-104. Penalty for violation of provisions.
  612. 1-23-105. Agreements void unless in writing.
  613. 1-23-106. Gambling contracts void.
  614. 1-23-107. Individual liability of members of governmental agencies.
  615. 1-23-108. Contractual provisions in restraint of trade generally void; exceptions; unlawful intimidation.
  616. 1-24-101. Causes for amercement.
  617. 1-24-102. Notice of motion for amercement.
  618. 1-24-103. Amercement for failure to serve or return process.
  619. 1-24-104. Amercement of clerks of court.
  620. 1-24-105. Amount of amercement for not paying over money.
  621. 1-24-106. Surety of officer may be made party to judgment.
  622. 1-24-107. Officer may have execution on original judgment.
  623. 1-25-101. Verified petition to be presented; information
  624. 1-25-102. Residence requirement.
  625. 1-25-103. Notice to be given by publication.
  626. 1-25-104. Change of name in adoption proceedings.
  627. 1-26-101. Repealed by Laws 1981, ch. 174, § 3.
  628. 1-26-102. Repealed by Laws 1981, ch. 174, § 3.
  629. 1-26-103. Repealed by Laws 1981, ch. 174, § 3.
  630. 1-26-104. Repealed by Laws 1981, ch. 174, § 3.
  631. 1-26-105. Repealed by Laws 1981, ch. 174, § 3.
  632. 1-26-106. Repealed by Laws 1981, ch. 174, § 3.
  633. 1-26-107. Repealed by Laws 1981, ch. 174, § 3.
  634. 1-26-108. Repealed by Laws 1981, ch. 174, § 3.
  635. 1-26-109. Repealed by Laws 1981, ch. 174, § 3.
  636. 1-26-110. Repealed by Laws 1981, ch. 174, § 3.
  637. 1-26-201. Repealed by Laws 1981, ch. 174, § 3.
  638. 1-26-202. Repealed by Laws 1981, ch. 174, § 3.
  639. 1-26-203. Repealed by Laws 1981, ch. 174, § 3.
  640. 1-26-204. Repealed by Laws 1981, ch. 174, § 3.
  641. 1-26-205. Repealed by Laws 1981, ch. 174, § 3.
  642. 1-26-206. Repealed by Laws 1981, ch. 174, § 3.
  643. 1-26-207. Repealed by Laws 1981, ch. 174, § 3.
  644. 1-26-208. Repealed by Laws 1981, ch. 174, § 3.
  645. 1-26-209. Repealed by Laws 1981, ch. 174, § 3.
  646. 1-26-210. Repealed by Laws 1981, ch. 174, § 3.
  647. 1-26-301. Repealed by Laws 1981, ch. 174, § 3.
  648. 1-26-302. Repealed by Laws 1981, ch. 174, § 3.
  649. 1-26-303. Repealed by Laws 1981, ch. 174, § 3.
  650. 1-26-401. Repealed by Laws 1981, ch. 174, § 3.
  651. 1-26-402. Repealed by Laws 1981, ch. 174, § 3.
  652. 1-26-403. Repealed by Laws 1981, ch. 174, § 3.
  653. 1-26-404. Repealed by Laws 1981, ch. 174, § 3.
  654. 1-26-405. Repealed by Laws 1981, ch. 174, § 3.
  655. 1-26-501. Short title.
  656. 1-26-502. Definitions.
  657. 1-26-503. Public use required; other acquisitions.
  658. 1-26-504. Requirements to exercise eminent domain.
  659. 1-26-505. Condemnation of property devoted to a public use.
  660. 1-26-506. Entry prior to condemnation action.
  661. 1-26-507. Entry prior to condemnation action; court orders.
  662. 1-26-508. Entry prior to condemnation action; damages.
  663. 1-26-509. Negotiations; scope of efforts to purchase.
  664. 1-26-510. Preliminary efforts to purchase.
  665. 1-26-511. Purchase efforts waived or excused.
  666. 1-26-512. Contents of authorization.
  667. 1-26-513. Deposit at commencement of action.
  668. 1-26-514. Interest taken; due compensation.
  669. 1-26-515. Abandonment, nonuse or new use.
  670. 1-26-516. Action for inverse condemnation.
  671. 1-26-601. Informal claims procedure authorized.
  672. 1-26-602. Request for informal procedure.
  673. 1-26-603. Hearing.
  674. 1-26-604. Demand for retrial.
  675. 1-26-701. Compensation standards.
  676. 1-26-702. Compensation for taking.
  677. 1-26-703. Date of valuation.
  678. 1-26-704. Fair market value defined.
  679. 1-26-705. Effect of condemnation action on value.
  680. 1-26-706. Compensation to reflect project as planned.
  681. 1-26-707. Special assessment proceedings excluded.
  682. 1-26-708. Use by defendant; risk of loss.
  683. 1-26-709. Compensation for growing crops and improvements.
  684. 1-26-710. Compensation for divided interests.
  685. 1-26-711. Taking of leasehold interest.
  686. 1-26-712. Acquisition of property subject to lien.
  687. 1-26-713. Loss of goodwill.
  688. 1-26-714. Reclamation and restoration.
  689. 1-26-715. Compensation for condemnation of property for energy collector systems.
  690. 1-26-801. Authority of state, counties and municipal
  691. 1-26-802. Proceedings by water companies and incorporated cities or towns.
  692. 1-26-803. Municipal streets and alleys; utility mains or pipes; tax levy.
  693. 1-26-804. Acquisition of public utility plants by cities and towns.
  694. 1-26-805. Acquisition of public utility plants by cities and towns; definition of facilities which may be acquired.
  695. 1-26-806. Acquisition of public utility plants by cities and towns; purpose of acquisition; ownership or operation.
  696. 1-26-807. Acquisition of other property for public utility service.
  697. 1-26-808. Election in cities and towns on question of acquisition.
  698. 1-26-809. Determination of value of franchise to be acquired.
  699. 1-26-810. Powers of railroad companies relative to condemnation generally.
  700. 1-26-811. Crossing public highways; privileges and duties.
  701. 1-26-812. Constructing, maintaining, abandoning or closing crossings.
  702. 1-26-813. Right-of-way along public ways granted; permission necessary for new lines.
  703. 1-26-814. Right of eminent domain granted; petroleum or other pipeline companies; purposes.
  704. 1-26-815. Right of eminent domain granted; ways of necessity for authorized businesses; purposes; extent.
  705. 1-26-816. Condemnation and certificate of public necessity and convenience.
  706. 1-26-817. Reservation of right to establish crossings.
  707. 1-26-818. Right of eminent domain; energy collector systems; authorization; restrictions.
  708. 1-27-101. Petition to be under oath; contents.
  709. 1-27-102. Petition to be verified; presentation.
  710. 1-27-103. Courts and judges allowing writ; service in any part of state.
  711. 1-27-104. Petition to be made to nearest judge.
  712. 1-27-105. Writ to be allowed if grounds sufficient; contents of writ.
  713. 1-27-106. Issuance of writ.
  714. 1-27-107. Reasons to be assigned for disallowance.
  715. 1-27-108. Penalty for wrongful disallowance.
  716. 1-27-109. Duty of court to issue writ without application in certain instances.
  717. 1-27-110. Service of writ.
  718. 1-27-111. Manner of service.
  719. 1-27-112. Authorization to arrest defendant.
  720. 1-27-113. Power of sheriff making arrest.
  721. 1-27-114. Plaintiff may be taken in custody by officer; power of officer.
  722. 1-27-115. Order for summary production of plaintiff.
  723. 1-27-116. Order for defendant's arrest for criminal offense.
  724. 1-27-117. Order for defendant's arrest for criminal offense; service of order of arrest.
  725. 1-27-118. Examination, commitment or discharge of defendant.
  726. 1-27-119. Errors in writ to be disregarded.
  727. 1-27-120. Identity of defendant presumed.
  728. 1-27-121. Contents of defendant's answer.
  729. 1-27-122. Petitioner may reply to answer; trial by court.
  730. 1-27-123. Evidence before magistrate may be reviewed.
  731. 1-27-124. Compelling attendance of witnesses; punishing for contempt.
  732. 1-27-125. Certain proceedings not reviewable.
  733. 1-27-126. When petitioner to be discharged.
  734. 1-27-127. Errors in commitment to be disregarded.
  735. 1-27-128. Petitioner may be committed or admitted to bail.
  736. 1-27-129. Custody of petitioner pendente lite.
  737. 1-27-130. Presence of petitioner at trial; waiver.
  738. 1-27-131. Refusal of officer to deliver copy of process.
  739. 1-27-132. Transfer, removal or concealment of person with intent to avoid service.
  740. 1-27-133. Papers to be filed; journal entry.
  741. 1-27-134. Fees and costs not to be advanced.
  742. 1-28-101. "Injunction" defined.
  743. 1-28-102. Causes for injunction; granting temporary order.
  744. 1-28-103. When and by whom granted.
  745. 1-28-104. Order of injunction and notice.
  746. 1-28-105. Injunction operative from time of notice.
  747. 1-28-106. When second application for injunction denied.
  748. 1-28-107. Enforcement of injunction; penalties.
  749. 1-28-108. Additional security may be required.
  750. 1-28-109. Affidavits used on hearing.
  751. 1-28-110. Motion to vacate or modify injunction.
  752. 1-28-111. Evidence on hearing of motion.
  753. 1-29-101. Radio and television stations; liability generally.
  754. 1-29-102. Radio and television stations; liability for statements made by political candidates.
  755. 1-29-103. Limitation as to damages.
  756. 1-29-104. Publication of proceedings of governing bodies deemed privileged; exception.
  757. 1-29-105. Publication of criminal and civil proceedings deemed privileged; exceptions.
  758. 1-29-106. Publication of indecent matter prohibited.
  759. 1-30-101. "Mandamus" defined.
  760. 1-30-102. By what courts issued; cannot control judicial discretion.
  761. 1-30-103. Application for writ; notice to defendant.
  762. 1-30-104. Writ not to be issued if adequate remedy at law; party beneficially interested.
  763. 1-30-105. Writ to be peremptory if right is clear; alternative writ to issue in other cases.
  764. 1-30-106. Docket entry of allowance of writ.
  765. 1-30-107. Issuance and service of writ.
  766. 1-30-108. Defendant may answer.
  767. 1-30-109. Judgment on default.
  768. 1-30-110. Effect and construction of pleadings.
  769. 1-30-111. Issues of fact; trial.
  770. 1-30-112. Judgment for plaintiff; damages.
  771. 1-30-113. Recovery a bar to other actions.
  772. 1-30-114. Costs against relator.
  773. 1-30-115. Penalty for failure to comply with mandamus.
  774. 1-30-116. County treasurer to levy and assess tax upon mandamus.
  775. 1-30-117. County treasurer to levy and assess tax upon mandamus; duties and fees of treasurer.
  776. 1-30-118. County treasurer to levy and assess tax upon mandamus; powers of court.
  777. 1-31-101. Actions against persons.
  778. 1-31-102. Actions against corporations.
  779. 1-31-103. Commencement of action.
  780. 1-31-104. Upon whose relation action brought; security for costs.
  781. 1-31-105. Action by person claiming public office; security for costs.
  782. 1-31-106. Appointment of attorney when county attorney disabled.
  783. 1-31-107. Petition in action for usurpation of office.
  784. 1-31-108. All claimants may be made defendants.
  785. 1-31-109. Place of bringing action.
  786. 1-31-110. Issuance and service of summons.
  787. 1-31-111. Service by publication.
  788. 1-31-112. Judgment in case of usurpation.
  789. 1-31-113. Judgment ousting trustee or director of corporation.
  790. 1-31-114. Judgment ousting trustee or director of corporation; order for new election of trustee; service.
  791. 1-31-115. Rights of persons adjudged entitled to office;
  792. 1-31-116. Rights of persons adjudged entitled to office;
  793. 1-31-117. Rights of persons adjudged entitled to office;
  794. 1-31-118. Judgment against corporations; corporation to be ousted and dissolved.
  795. 1-31-119. Judgment against corporations; appointment of
  796. 1-31-120. Judgment against corporations; duties and powers of trustees.
  797. 1-31-121. Judgment against corporations; penalty for
  798. 1-31-122. Judgment for costs.
  799. 1-31-123. Order directing transfer of books and papers; enforcement by fine or imprisonment.
  800. 1-31-124. Injunction in aid of proceedings against banking associations.
  801. 1-31-125. Injunction in aid of proceedings against banking associations; security required of bank directors.
  802. 1-31-126. Injunction against aid of proceedings against
  803. 1-31-127. Limitation upon time of bringing action against corporations or officer.
  804. 1-31-128. Actions against officers of ousted corporations; limitation upon time.
  805. 1-31-129. Provisions to be cumulative.
  806. 1-31-130. Precedence of actions; speedy trial.
  807. 1-32-101. Who compelled to make partition.
  808. 1-32-102. Where proceedings to be had.
  809. 1-32-103. Filing and contents of petition.
  810. 1-32-104. Finding of court; order for partition;
  811. 1-32-105. Writ of partition directed to sheriff; contents; administering oath to commissioners.
  812. 1-32-106. View and examination of estate by commissioners; setting aside under oath.
  813. 1-32-107. Partition of several tracts.
  814. 1-32-108. Amicable partition.
  815. 1-32-109. Appraisement required where estate cannot be
  816. 1-32-110. Terms of payment upon election to take; execution of conveyance.
  817. 1-32-111. Order for sale of estate in absence of election to take.
  818. 1-32-112. Conduct and terms of sale.
  819. 1-32-113. Return by sheriff of proceedings of sale; confirmation by court; execution of deed of conveyance.
  820. 1-32-114. Distribution of proceeds of sale or election to take; liability of sheriff and his sureties.
  821. 1-32-115. Alias writ for sale; reappraisement by disinterested persons; sale with or without revaluation.
  822. 1-32-116. Succeeding officer may make deed.
  823. 1-32-117. Guardian may act for ward.
  824. 1-32-118. Powers of foreign guardian.
  825. 1-32-119. Actions by 1 tenant in common or coparcener against another.
  826. 1-32-120. Partition of property of religious corporations.
  827. 1-32-121. Partition of property of religious societies.
  828. 1-32-122. Costs and expenses to be equitably taxed.
  829. 1-32-201. Action to quiet title.
  830. 1-32-202. Petition in actions to recover realty; sufficiency.
  831. 1-32-203. Petition in action to recover realty; answer.
  832. 1-32-204. Petition in action against cotenant.
  833. 1-32-205. Recovery when right terminates during action.
  834. 1-32-206. Benefit of occupying claimant law.
  835. 1-32-207. Conditions under which occupying claimant to be paid for improvements.
  836. 1-32-208. Conditions under which occupying claimant to be
  837. 1-32-209. Entry of claim against occupying claimant; subsequent procedure.
  838. 1-32-210. Question of fact to be tried by jury upon
  839. 1-32-211. Setting aside verdict and judgment.
  840. 1-32-212. Judgment on report of jury in favor of plaintiff in ejectment.
  841. 1-32-213. Proceedings if report of jury is for occupying claimant.
  842. 1-32-214. Writ of possession to issue on payment for improvements.
  843. 1-32-215. Writ of possession to issue if deed tendered and payment refused.
  844. 1-32-216. Occupying claimant and heirs not to be evicted
  845. 1-32-301. Authorization to sell qualified fee.
  846. 1-32-302. Requisites of petition; parties.
  847. 1-32-303. Hearing of petition; order for and effect of sale.
  848. 1-32-304. Sale by consent of parties; right of guardians to assent in place of wards.
  849. 1-32-305. Report of sale to court; confirmation; conveyance of premises upon payment of purchase money.
  850. 1-32-306. Proceeds to descend like estate sold.
  851. 1-32-307. Investment of proceeds of sale; reinvestment in
  852. 1-32-308. Use of income; taxes and expenses.
  853. 1-32-309. Right to lease estate for term of years; rents and profits.
  854. 1-32-310. Sale of property given or purchased for religious use; generally.
  855. 1-32-311. Sale of property given or purchased for religious use; necessary parties to proceeding.
  856. 1-32-401. Completion of contract by survivors.
  857. 1-32-402. Requisites of petition; copy of contract to be annexed.
  858. 1-32-403. Findings of court; order authorizing completion of contract; requirements and effect of deed.
  859. 1-32-404. Heirs and devisees may ask completion.
  860. 1-32-405. Recoupment of vendee in action for purchase money.
  861. 1-33-101. Cases in which receiver appointed.
  862. 1-33-102. Persons ineligible as receiver; exceptions.
  863. 1-33-103. Oath and bond of receiver.
  864. 1-33-104. Powers of receiver.
  865. 1-33-105. Investment of funds by receiver.
  866. 1-33-106. Disposition of trust property during litigation.
  867. 1-33-107. Enforcement of orders of court.
  868. 1-33-108. Publication of notice of appointment of receiver; requiring claims to be presented.
  869. 1-33-109. Publication of notice of appointment of
  870. 1-33-110. Time for bringing suit against receiver.
  871. 1-34-101. Repealed by Laws 1987, ch. 198, § 3.
  872. 1-34-102. Repealed by Laws 1987, ch. 198, § 3.
  873. 1-34-103. Repealed by Laws 1987, ch. 198, § 3.
  874. 1-34-104. Repealed by Laws 1987, ch. 198, § 3.
  875. 1-34-105. Repealed by Laws 1987, ch. 198, § 3.
  876. 1-34-106. Repealed by Laws 1987, ch. 198, § 3.
  877. 1-34-107. Repealed by Laws 1987, ch. 198, § 3.
  878. 1-34-108. Repealed by Laws 1987, ch. 198, § 3.
  879. 1-34-109. Repealed by Laws 1987, ch. 198, § 3.
  880. 1-34-110. Repealed by Laws 1987, ch. 198, § 3.
  881. 1-34-111. Repealed by Laws 1987, ch. 198, § 3.
  882. 1-34-112. Repealed by Laws 1987, ch. 198, § 3.
  883. 1-34-113. Repealed by Laws 1987, ch. 198, § 3.
  884. 1-34-114. Repealed by Laws 1987, ch. 198, § 3.
  885. 1-34-115. Repealed by Laws 1987, ch. 198, § 3.
  886. 1-34-116. Repealed by Laws 1987, ch. 198, § 3.
  887. 1-34-117. Repealed by Laws 1987, ch. 198, § 3.
  888. 1-34-118. Repealed by Laws 1987, ch. 198, § 3.
  889. 1-35-101. Actions against state agencies deemed actions against state; jurisdiction.
  890. 1-35-102. Repealed by Laws 1979, ch. 157, § 3.
  891. 1-35-103. Violation of state contracts to be reported to
  892. 1-35-104. Actions under control of attorney general; settlement or compromise with approval of governor.
  893. 1-35-105. Compensation of assistants and court costs to be paid from sums recovered; limitation on amount.
  894. 1-35-106. Disposition of sums recovered; appropriation for costs and fees.
  895. 1-35-107. Actions by state or instrumentality, county, municipality or school district; judgment and enforcement.
  896. 1-35-108. Deposit of security by state, municipality or agency.
  897. 1-35-109. Legislature and legislators as party to actions; properly naming party.
  898. 1-36-101. Short title.
  899. 1-36-102. "Court" defined; jurisdiction.
  900. 1-36-103. Written agreement to submit controversy to arbitration valid.
  901. 1-36-104. Duty of court on application of party to arbitrate.
  902. 1-36-105. When court to appoint arbitrators.
  903. 1-36-106. Powers of arbitrators.
  904. 1-36-107. Notice and hearing.
  905. 1-36-108. Right to be represented by attorney; effect of waiver.
  906. 1-36-109. Authority of arbitrators to issue subpoenas and
  907. 1-36-110. Award of arbitrators.
  908. 1-36-111. Modification of award.
  909. 1-36-112. Expenses and fees for arbitrators.
  910. 1-36-113. Confirmation of award by court.
  911. 1-36-114. When court to vacate award.
  912. 1-36-115. When court to modify or correct award.
  913. 1-36-116. Judgment upon granting order confirming, modifying or correcting award; costs and disbursements.
  914. 1-36-117. Application to court to be by motion; notice and hearing to be in manner provided by law.
  915. 1-36-118. Venue upon initial and subsequent applications.
  916. 1-36-119. Appeals.
  917. 1-37-101. Short title.
  918. 1-37-102. Scope and general consideration.
  919. 1-37-103. Right of interested party to have determination made.
  920. 1-37-104. Contract may be construed at any time.
  921. 1-37-105. Fiduciary's rights to be construed.
  922. 1-37-106. Adjudication of water rights.
  923. 1-37-107. Enumeration not exclusive.
  924. 1-37-108. Discretionary power retained by court.
  925. 1-37-109. Review.
  926. 1-37-110. Supplemental relief.
  927. 1-37-111. Determination of issues of fact.
  928. 1-37-112. Costs.
  929. 1-37-113. Parties generally; proceedings involving validity of ordinance or franchise.
  930. 1-37-114. Construction of chapter.
  931. 1-37-115. Provisions severable.
  932. 1-38-101. Actions for wrongful death which survive;
  933. 1-38-102. Action to be brought by wrongful death
  934. 1-38-103. Appointment of wrongful death representative.
  935. 1-38-104. Factors for determining wrongful death representative.
  936. 1-38-105. Notice.
  937. 1-39-101. Short title.
  938. 1-39-102. Purpose.
  939. 1-39-103. Definitions.
  940. 1-39-104. Granting immunity from tort liability; liability on contracts; exceptions.
  941. 1-39-105. Liability; operation of motor vehicles, aircraft and watercraft.
  942. 1-39-106. Liability; buildings, recreation areas and public parks.
  943. 1-39-107. Liability; airports.
  944. 1-39-108. Liability; public utilities.
  945. 1-39-109. Liability; medical facilities.
  946. 1-39-110. Liability; health care providers.
  947. 1-39-111. Repealed by Laws 1986, ch. 89, § 3.
  948. 1-39-112. Liability; peace officers.
  949. 1-39-113. Claims procedure.
  950. 1-39-114. Statute of limitations.
  951. 1-39-115. Settlement of claims.
  952. 1-39-116. Exclusiveness of remedy.
  953. 1-39-117. Jurisdiction; appeals; venue; trial by jury; liability insurance.
  954. 1-39-118. Maximum liability; insurance authorized.
  955. 1-39-119. Application of provisions.
  956. 1-39-120. Exclusions from waiver of immunity.
  957. 1-39-121. Repealed by Laws 2017, ch. 41, § 2.
  958. 1-39-122. Liability; enforcement of a red flag gun seizure.
  959. 1-39-123. Liability; financial privacy. A governmental
  960. 1-39-124. Liability; sex-designated facilities.
  961. 1-40-101. Short title.
  962. 1-40-102. Definitions.
  963. 1-40-103. Repealed By Laws 1998, ch. 81, § 3.
  964. 1-40-104. Division powers and duties.
  965. 1-40-105. Repealed By Laws 1998, ch. 81, § 3.
  966. 1-40-106. Eligibility for compensation.
  967. 1-40-107. Application for compensation; required information.
  968. 1-40-108. Hearing; findings; order.
  969. 1-40-109. Standards for compensation.
  970. 1-40-110. Compensation award.
  971. 1-40-111. Emergency awards; limitation.
  972. 1-40-112. Recovery from offender; restitution.
  973. 1-40-113. Waivers and releases void; exemption from creditors' claims.
  974. 1-40-114. Crime victims' compensation account.
  975. 1-40-115. Informing victims of program and application procedure.
  976. 1-40-116. Fees not chargeable.
  977. 1-40-117. Falsifying, destroying or concealment of
  978. 1-40-118. Distribution of monies to crime victim service and victim assistance providers.
  979. 1-40-119. Surcharge to be assessed in certain criminal cases; paid to account.
  980. 1-40-201. Short title.
  981. 1-40-202. Definitions.
  982. 1-40-203. Victim and witness bill of rights.
  983. 1-40-204. Rights of victims and witnesses to be informed during the criminal justice process.
  984. 1-40-205. Victims and witnesses of crime; free from intimidation.
  985. 1-40-206. Victims of crime; present in court.
  986. 1-40-207. Victims; timing of trial of accused.
  987. 1-40-208. Prompt return of property; photographs in lieu of property.
  988. 1-40-209. Victims and witnesses have a right to preservation of employment.
  989. 1-40-210. No civil liability created; testimony inadmissible; no relief by appeal.
  990. 1-40-301. Compensation from benefits of crime.
  991. 1-40-302. Definitions.
  992. 1-40-303. Distribution of profits from crime.
  993. 1-40-304. Notification of division.
  994. 1-40-305. Disbursal of compensation; more than one claim.
  995. 1-40-306. Actions null and void.
  996. 1-40-307. Interest on monies in escrow account.
  997. 1-40-308. Disbursal of unclaimed funds.
  998. 1-41-101. Legislative findings and intent.
  999. 1-41-102. Definitions.
  1000. 1-41-103. Self-insurance account; creation; authorized payments.
  1001. 1-41-104. Investment of funds.
  1002. 1-41-105. Powers and duties of risk manager.
  1003. 1-41-106. Compromise or settlement of claims; authority; primary insurance coverage.
  1004. 1-41-107. Reports.
  1005. 1-41-108. Self-insurance program not subject to insurance laws.
  1006. 1-41-109. Confidential information.
  1007. 1-41-110. Applicability.
  1008. 1-41-111. No extension of liability.
  1009. 1-42-101. Repealed By Laws 2007, Ch. 212, § 2.
  1010. 1-42-102. Repealed By Laws 2007, Ch. 212, § 2.
  1011. 1-42-103. Repealed By Laws 2007, Ch. 212, § 2.
  1012. 1-42-104. Repealed By Laws 2007, Ch. 212, § 2.
  1013. 1-42-105. Repealed By Laws 2007, Ch. 212, § 2.
  1014. 1-42-106. Repealed By Laws 2007, Ch. 212, § 2.
  1015. 1-42-107. Repealed By Laws 2007, ch. 212, § 2.
  1016. 1-42-108. Repealed By Laws 2007, Ch. 212, § 2.
  1017. 1-42-109. Repealed By Laws 2007, Ch. 212, § 2.
  1018. 1-42-110. Repealed By Laws 2007, Ch. 212, § 2.
  1019. 1-42-111. Repealed By Laws 2007, Ch. 212, § 2.
  1020. 1-42-112. Repealed by Laws 2009, Ch. 168, § 205.
  1021. 1-42-113. Repealed by Laws 2009, Ch. 168, § 205.
  1022. 1-42-201. Definitions.
  1023. 1-42-202. Local government self-insurance program; creation; authorized payments.
  1024. 1-42-203. Self-insurance program board; powers and duties.
  1025. 1-42-204. Claims procedures; compromise or settlement of claims; no extension of liability.
  1026. 1-42-205. Local government insurance program not subject to insurance laws.
  1027. 1-42-206. Confidential information.
  1028. 1-42-207. Repealed By Laws 2008, Ch. 44, § 3.
  1029. 1-43-101. Definitions.
  1030. 1-43-102. General rule of confidentiality.
  1031. 1-43-103. General rule of privilege; claiming privilege; exception.
  1032. 1-43-104. Immunity.

Proposed changes to this act

No one has proposed a change to this act yet.

1,032 provisions

1-40-101. Short title.

This act is known and may be cited as the "Crime Victims Compensation Act".

Propose a change

1-40-102. Definitions.

(a) As used in this act: (i) "Account" means the crime victims' compensation account established by W.S. 1-40-114; (ii) Repealed By Laws 1998, ch. 81, § 3. (iii) "Criminal act" means an act committed or attempted in this state, including an act of domestic violence, which constitutes a crime as defined by the laws of this state or an act of terrorism, as defined by 18 U.S.C. 2331 committed outside the United States, and which results in actual bodily injury, or actual mental harm, or death to the victim. No act involving the operation of a motor vehicle, boat or aircraft which results in injury or death constitutes a crime for the purpose of this act unless the injury or death was recklessly or intentionally inflicted through the use of the vehicle, boat or aircraft, or unless the act constitutes a violation of W.S. 31-5-233; (iv) "Dependent" means any relative of the victim who was wholly or partially dependent upon the victim's income at the time of his injury or death and includes the child of the victim born after his death; (v) "Economic loss" means and includes medical and hospital expenses, loss of earnings, loss of future earnings resulting from the injury, funeral and burial expenses and loss of support to the dependents of the victim to include home maintenance and child care; (vi) "Medical expense" includes the cost of all medical and dental services, mental health counseling and care, dental and prosthetic devices, eyeglasses or other corrective lenses, and services rendered in accordance with any method of healing recognized by the law of this state; (vii) "Personal injury" means actual bodily injury or actual mental harm; (viii) "Relative of the victim" means his spouse, parent, grandparent, stepparent, child including natural born child, stepchild or adopted child, grandchild, brother or sister; (ix) "Victim" means: (A) A person who suffers personal injury or is killed in this state as a direct result of: (I) A criminal act of another person; (II) The person's good faith and reasonable effort in attempting to prevent the commission of a criminal act, or to apprehend a person engaging in a criminal act or assisting a law enforcement officer to do so; (III) Assisting or attempting to assist a person against whom a crime is being perpetrated or attempted; (IV) A federal crime occurring in Wyoming. (B) A resident who is a victim of a crime occurring outside this state if: (I) The crime would be compensable had it occurred inside this state; and (II) The crime occurred in a state which does not have a crime victim compensation program, for which the victim is eligible as eligibility is set forth in W.S. 1-40-101 through 1-40-119. (C) A resident of this state who is injured or killed by an act of terrorism, as defined by 18 U.S.C. 2331, committed outside the United States; (D) Family members who are Wyoming residents and who have suffered a pecuniary loss as a result of a terrorist attack in the United States, regardless of the actual victim's residency; (E) A resident of this state who is a victim of a crime involving terrorism occurring outside this state if: (I) The crime would be compensable had it occurred within this state; and (II) The resident of this state suffered a pecuniary loss as a direct result of the act of terrorism committed in another state of the United States. (x) "Division" means the victim services division within the office of the attorney general, created by W.S. 9-1-636; (xi) "Catastrophic injury" means any permanent disability of limbs or functions as a result of being a victim of a crime; (xii) "Clandestine laboratory operation remediation" means a remediation of a clandestine laboratory operation carried out by a law enforcement agency acting as an emergency responder pursuant to W.S. 35-9-152(a)(i).

Propose a change

1-40-103. Repealed By Laws 1998, ch. 81, § 3.

Repealed By Laws 1998, ch. 81, § 3.

Propose a change

1-40-104. Division powers and duties.

(a) The division shall: (i) Hear and determine all matters relating to claims for compensation; (ii) Publish annually a report showing its fiscal transactions for the preceding year, the amount of its accumulated cash and securities and a balance sheet showing its financial condition by means of an actuarial evaluation of commission assets and liabilities; (iii) Keep a true and accurate record of all its proceedings, which record is open to public inspection at all reasonable hours; (iv) Promulgate reasonable rules and regulations necessary to carry out the purpose of this act pursuant to the Wyoming Administrative Procedure Act; (v) Perform any other functions necessary to carry out the purpose of this act; (vi) Hearings and final decisions on victim's compensations awards conducted by the division shall be exempt from the Wyoming Administrative Procedure Act, including the provisions for judicial review under W.S. 16-3-114 and 16-3-115. (b) In addition to any other powers specified by law, the division is empowered to: (i) Request access to any reports of investigations, medical records or other data necessary to assist the division in making a determination of eligibility for compensation under this act. Upon authorization of the attorney general, law enforcement officials, state agencies and local government units shall provide assistance or information requested by the division; (ii) Publicize the availability of compensation and information regarding the filing of claims; (iii) Investigate claims; (iv) Repealed By Laws 1998, ch. 81, § 3. (v) Subpoena witnesses, compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings and receive relevant evidence; (vi) Apply for and accept and administer monies from the federal government, its agencies and all other sources, public and private, for carrying out any of its functions; (vii) Collect, develop, analyze and maintain statistical information, records and reports as the division determines relevant or necessary to carry out its powers and duties pursuant to this act; (viii) After exhausting all alternatives available in paragraphs (i), (iii), (v) and (vi) of this subsection, direct and pay for medical examinations of victims as the division determines necessary to verify claims of economic loss due to injury; (ix) Collect all monies authorized by this act to be collected by the division; and (x) Pay all compensation or other benefits that are determined to be due under this act and under division rules and regulations. (c) Repealed By Laws 1998, ch. 81, § 3.

Propose a change

1-40-105. Repealed By Laws 1998, ch. 81, § 3.

Repealed By Laws 1998, ch. 81, § 3.

Propose a change

1-40-106. Eligibility for compensation.

(a) The victim or his dependent is entitled to compensation under this act if: (i) The victim suffered personal injury as a result of a criminal act; (ii) Repealed by Laws 1989, ch. 233, § 2. (iii) The injury to or death of the victim was not attributable to his own wrongful act; (iv) The appropriate law enforcement authorities were notified of the criminal act allegedly causing the injury to or death of the victim as soon as practical under the circumstance after perpetration of the offense and the claimant cooperates with appropriate law enforcement authorities with respect to the crime for which compensation is sought; (v) The application for compensation is filed with the division within one (1) year after the date of the injury to or death of the victim, or within any extension of time the division allows for good cause shown; and (vi) The owner of real estate has paid all claims for reimbursement pursuant to W.S. 35-9-158(a)(ii). (b) No victim or dependent shall be denied compensation solely because: (i) He is a relative of the offender or was living with the offender as a family or household member at the time of the injury or death. However, the division may award compensation to a victim or dependent who is a relative, family or household member of the offender only if the division can reasonably determine the offender will receive no economic benefit or unjust enrichment from the compensation; (ii) He is not a resident of the state. (c) Any person who perpetrates any criminal act on the person of another or who is convicted of a felony after applying to the division for compensation is not eligible or entitled to receive compensation under this act.

Propose a change

1-40-107. Application for compensation; required information.

(a) The application for compensation shall be on a form furnished by the division, setting forth: (i) The victim's name and address; (ii) If the victim is deceased, the claimant's name and address and his relationship to the victim, the names and addresses of the victim's dependents and the extent to which each is dependent; (iii) The date and nature of the criminal act on which claim for compensation is based; (iv) The date and place where and the law enforcement officials to whom notification of the criminal act was given; (v) The nature and extent of the injuries the victim sustained and the names and addresses of those giving medical and hospitalization treatment to the victim; (vi) The economic loss to the applicant and to all other persons as specified under paragraph (a)(ii) of this section resulting from the injury or death; (vii) The amount and source of benefits, payments or awards, if any, payable to the applicant and dependents; (viii) Releases authorizing the surrender to the division of all reports, medical records and other information relating to the claim and crime; and (ix) Any other information the division reasonably requires. (b) The division may require that materials substantiating the facts stated in the application be submitted with the application. If the division finds that an application does not contain the required information or that the facts stated therein have not been substantiated, it shall notify the applicant in writing of the specific additional items or information or materials required and that the applicant has thirty (30) days from the date of the notice in which to furnish those items to the division. The division shall reject the application of an applicant who although notified fails to file the requested information or substantiating materials within the time specified unless he requests, and the division grants, an extension of time in which to furnish that information. (c) An applicant may file an amended application or additional substantiating materials to correct inadvertent errors or omissions at any time before the division disposes of the original application. In either case, the filing of additional information or of an amended application shall be considered to have been filed at the same time as the original application. (d) Information contained in the claim files and records of victims, which are subject to any privilege of confidentiality under Wyoming law, shall remain confidential and shall not be open to public inspection. The information shall be immune from legal process and shall not, without the consent of the person furnishing the information, be admitted as evidence or used for any purpose in any action, suit or other judicial, legislative or administrative proceeding.

Propose a change

1-40-108. Hearing; findings; order.

(a) Hearings shall be held on the application and are open to the public unless the division determines that a closed hearing is necessary because: (i) The alleged assailant or offender has not been brought to trial and a public hearing would adversely affect either his apprehension or his trial; (ii) The victim or alleged assailant is a minor; (iii) An open hearing would cause trauma for the victim; (iv) A public hearing would frustrate rather than further the interest of justice. (b) A record shall be kept of the proceedings of hearings held before the division and shall include the division's findings of fact and conclusions of the amount of compensation, if any, to which the applicant and persons dependent on a deceased victim are entitled. No part of the record of any hearing before the division may be used for any purpose in a criminal proceeding except in the prosecution of a person alleged to have perjured himself in his testimony before the division. (c) At the conclusion of the hearing, the division shall enter an order stating: (i) Its findings of fact; (ii) Its decision as to whether or not compensation is due under this act and the amount of compensation due, if any; (iii) Whether disbursement of the compensation awarded is to be made in a lump sum or in periodic payments; and (iv) The person or persons to whom the compensation should be paid. (d) If the division finds, in the case of an application made by a person dependent for his support on a deceased victim, that persons other than the applicant were also dependent on that victim for their support, it shall also: (i) Name those persons in its order; (ii) State the percentage share of the total compensation award and the dollar amount to which each is entitled; and (iii) Order that those amounts be paid to those persons directly or, in the case of a minor or incompetent, to his guardian or conservator, as the case may be. (e) Notwithstanding subsection (a) of this section, the division may promulgate rules providing for an expedited claims process for applications in which eligibility is clear and all information has been verified.

Propose a change

1-40-109. Standards for compensation.

(a) For the purpose of determining the amount of compensation payable pursuant to this act, the division, insofar as practicable, shall formulate standards for uniform application of this act and shall take into consideration rates and amounts of compensation payable for injuries and death under other laws of this state and of the United States and the availability of funds under this act. (b) Loss of earnings and loss of future earnings shall be determined on the basis of the victim's average monthly earnings for the six (6) months immediately preceding the date of the injury, or the current federal minimum wage, whichever is less. (c) Loss of support shall be determined on the basis of the victim's or defendant's average monthly earnings for the six (6) months immediately preceding the date of the injury, or the current federal minimum wage, whichever is less. (d) Except as provided in subsection (e) of this section, the maximum individual award of compensation paid to any victim or dependent shall not exceed fifteen thousand dollars ($15,000.00). Compensation shall only be awarded for economic losses occurring within a twenty-four (24) month period from the date of the injury or discovery of the crime. However, the division may extend the twenty-four (24) month period to allow compensation for mental health counseling and care occurring within an additional twelve (12) month period for a total of thirty-six (36) months. (e) In addition to the maximum award authorized in subsection (d) of this section, in the case of catastrophic injury the division may award an additional amount not to exceed ten thousand dollars ($10,000.00) to the victim to cover future lost wages, special medical needs and any other special assistance needed as a result of the injury. The additional award may be made only for economic losses occurring within twenty-four (24) months after the date of the injury or discovery of the crime.

Propose a change

1-40-110. Compensation award.

(a) If a person is injured or killed by a criminal act, the division may order the payment of compensation in accordance with this act for: (i) Expenses actually and reasonably incurred as a result of the personal injury or death of the victim, by the victim, his dependent, or any person responsible for the victim's maintenance; (ii) Loss of earning power as a result of the victim's total or partial incapacity; (iii) Economic loss to the deceased victim's dependents; and (iv) Any other loss resulting from the personal injury or death of the victim which the division determines to be reasonable. (b) In determining whether to award compensation under this act, the division shall consider: (i) All circumstances surrounding the victim's conduct determined to be relevant which directly contributed to the victim's injury or death; (ii) Need for financial aid; and (iii) Any other relevant matters. (c) The division shall not consider whether the alleged assailant has been apprehended, prosecuted or convicted, nor the result of any criminal proceedings against him. (d) The crime victims compensation account is not a state health program and is not intended to be used as a primary payor to other health care assistance programs, but is a public, quasi-charitable fund whose fundamental purpose is to assist victims of violent crimes through a period of financial hardship as a payor of last resort. Payment made in accordance with this section shall be considered payment of last resort that follows all other sources and is provided subsequent to all other benefits. Accordingly, in determining the amount of compensation to be allowed by order, the division shall consider amounts received or receivable from any other source or sources by the victim or his dependents as a result of the incident or offense giving rise to the application. The division shall not deny compensation solely because the applicant is entitled to income from a collateral source.

Propose a change

1-40-111. Emergency awards; limitation.

(a) The division may grant an emergency award prior to the holding of a hearing, if upon application of a person eligible for compensation, the division determines undue hardship will result to the applicant if immediate payment is not made. (b) The amount of the emergency award shall be dependent on the applicant's immediate and verifiable needs as a result of loss of income or support, for emergency medical treatment, or for funeral and burial expenses. The amount of an emergency award to an applicant shall not exceed one thousand dollars ($1,000.00). (c) Any emergency award granted under this section shall be deducted from the final compensation award made to the applicant. The excess of the amount of any emergency award over the amount of the final award, or the full amount of the emergency award if no final award is made shall be repaid to the division by the applicant.

Propose a change

1-40-112. Recovery from offender; restitution.

(a) If an order for the payment of compensation for personal injury or death is made under this act, the state, upon payment of the amount of the order, shall be subrogated to any right of action the victim or dependent of the victim has against the person or persons responsible for the injury or death, and the state may bring an action against the responsible person for the amount of the damages the applicant sustained. (b) The applicant or other recipient shall give written notice to the division of the making of a claim or demand or the filing of a suit for the damages specified in subsection (a) of this section. (c) Restitution by an offender under W.S. 7-9-101 through 7-9-115 shall: (i) To the extent compensation is paid under this act, be paid to the division, deposited in the account and be set off against a judgment in favor of the state in a civil action arising out of the same facts or event; (ii) Reduce by like amount any compensation subsequently paid under this act arising out of the same facts or event. (d) Repealed By Laws 1997, ch. 152, § 2. (e) Repealed By Laws 1997, ch. 152, § 2. (f) Repealed By Laws 1997, ch. 152, § 2. (g) Any payment of benefits to, or on behalf of, a victim or other claimant under this act creates a debt due and owing to the state by any person found, in a criminal court proceeding in which he is a party, to have committed the criminal act. Payment of the debt shall be a condition of probation or parole: (i) In making payment of the debt a condition of probation or parole, the court or state board of parole shall set the schedule or amounts of payments, subject to modification based on change of circumstances; (ii) If the court or board does not order payment of the debt, or orders only partial payment, it shall state on the record the reasons therefor.

Propose a change

1-40-113. Waivers and releases void; exemption from creditors' claims.

Any agreement by an individual to waive, release or commute his rights under this act is void. Compensation due under this act may not be assigned, pledged, encumbered, released or commuted. Compensation under this act is exempt from all claims of creditors and from levy, execution and attachment or other remedy for recovery or collection of a debt, except that compensation for an allowable expense is not exempt from a claim of a creditor to the extent that creditor provided products, services or accommodations, the costs of which are included in the compensation award.

Propose a change

1-40-114. Crime victims' compensation account.

(a) There is established an account to be known as the crime victims' compensation account. The account is under the administration and control of the division for purposes of providing compensation or other benefits to crime victims and for purposes of implementing this act. The account shall consist of all monies the division receives or collects from any source and all monies shall be paid to the state treasurer for deposit in the account. The division may accept, and shall deposit to the account, any gifts, contributions, donations, grants or federal funds specifically given to the division for the benefit of victims of crime. (b) The monies within the account may be withdrawn therefrom by vouchers signed by the director of the division or his designee. The division shall keep detailed permanent records of all monies credited to the account and all expenditures and disbursements from the account.

Propose a change

1-40-115. Informing victims of program and application procedure.

Each law enforcement and prosecuting agency, and any victim witness program or family violence advocate funded in whole or in part with state or federal funds, shall exercise reasonable care to insure that victims of crimes are informed of the existence of the state program of compensation for death or injuries sustained by victims of crime and the procedure for applying for compensation under this act.

Propose a change

1-40-116. Fees not chargeable.

No fee shall be charged to the applicant in any proceeding under this act except as provided by this act. If the applicant is represented by counsel in making application under this act or in any further proceedings provided for in this chapter, the counsel shall not receive payment for his services except an amount as the division determines to be reasonable.

Propose a change

1-40-117. Falsifying, destroying or concealment of

division records; furnishing false information or failing to disclose; other violations. (a) Any agent or employee of the division who knowingly makes a false entry or falsely alters any division record, or who intentionally destroys, mutilates, conceals, removes or otherwise impairs the verity or availability of any division record with the knowledge of a lack of authority to do so, or who possesses a division record and refuses to deliver up that record upon proper request of a person lawfully entitled to receive it is guilty of a misdemeanor. (b) Any violation of this chapter for which a penalty is not otherwise provided is a misdemeanor.

Propose a change

1-40-118. Distribution of monies to crime victim service and victim assistance providers.

(a) In addition to any other powers specified in this act the division shall oversee the distribution of federal and state funds under its control, to eligible crime victim service providers, including funds received under the federal Victims of Crime Act of 1984. (b) For purposes of this section "crime victim service provider" means any program operated by a public agency or nonprofit organization or any combination thereof which provides comprehensive services to victims of crime, including but not limited to: (i) Crisis intervention services; (ii) Informing victims and witnesses of the case status and progress; (iii) Assistance in participating in criminal justice proceedings; (iv) Performing advocate duties for crime victims; (v) Assisting victims in recovering property damaged or stolen and in obtaining restitution or compensation for medical and other expenses incurred as a result of crime; (vi) Developing community resources to assist victims of crime; (vii) Assisting victims of crime in the preparation and presentation of claims under the Crime Victims Compensation Act. (c) In establishing priorities the division shall follow requirements regarding prioritization that are established by the funding authority. (d) The division shall by rule establish a method for distributing monies to crime victim service providers. The division's rules and regulations shall reflect the following factors in determining the distribution formula: population, needs assessment, regional cost differences and any requirements promulgated by the granting source. (i) Repealed By Laws 1998, ch. 81, § 3. (ii) Repealed By Laws 1998, ch. 81, § 3. (iii) Repealed By Laws 1998, ch. 81, § 3. (e) In determining whether a victim service provider is eligible to receive grants under subsection (d) of this section, the primary consideration shall be whether the eligibility requirements of the granting source are met, including the provider's agreement to submit an annual unduplicated count of the number of victims it served in accordance with rules and regulations promulgated by the division. (i) Repealed By Laws 1998, ch. 81, § 3. (ii) Repealed By Laws 1998, ch. 81, § 3. (f) Funds distributed under this section shall supplement, not supplant, existing victim or witness programs throughout the state. (g) To the extent the legislature provides funding for victim assistance providers that serve victims of all crimes, the division of victim services shall: (i) Distribute the state funding provided for victim assistance providers as follows: (A) No less than two percent (2%) of the total amount of state funding shall be distributed to each county and the Wind River Indian Reservation for victim assistance providers within the county or within the Wind River Indian Reservation that meet the requirements established by the division of victim services; (B) Of the remaining state funding under this subsection, amounts shall be distributed to the victim assistance providers within the counties and the Wind River Indian Reservation on a proportional basis according to each county's and the reservation's population. For purposes of the distribution under this subparagraph, the population residing on the Wind River Indian Reservation shall be determined separate from the balance of the population of Fremont county; (C) If funds have been returned to the division pursuant to unfulfilled contracts under this subsection at the end of the fiscal year, prior to reversion pursuant to W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a), a law enforcement agency that has carried out a clandestine laboratory operation remediation may apply for compensation under this subsection for any remediation expenses not otherwise collected pursuant to W.S. 35-9-158(a). The maximum amount payable pursuant to this subsection to a law enforcement agency that has carried out a clandestine laboratory operation remediation shall be the amount set forth in the court approved expense report as provided under W.S. 35-9-158(a) minus amounts collected from other sources pursuant to W.S. 35-9-158(a). (ii) Require victim assistance providers to: (A) Provide the services specified under subsection (a) of this section; (B) Advocate to ensure victims are allowed to exercise their rights under the victims bill of rights established in W.S. 1-40-203; (C) Submit their long-term strategic plans to the division of victim services for approval. (iii) Establish minimum program standards and uniform reporting procedures for victim assistance providers that receive state funding under this subsection through rules and regulations adopted in accordance with W.S. 9-1-638(a)(vii).

Propose a change

1-40-119. Surcharge to be assessed in certain criminal cases; paid to account.

(a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, or is convicted of, the following criminal offenses shall be assessed a surcharge of not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00) for the offenses specified in paragraph (v) of this subsection, not less than one hundred fifty dollars ($150.00) nor more than three hundred fifty dollars ($350.00) for the first plea to or conviction of offenses specified in paragraphs (i) through (iv) of this subsection, and not less than two hundred dollars ($200.00) nor more than four hundred dollars ($400.00) for each subsequent plea to or conviction of offenses specified in paragraphs (i) through (iv) of this subsection: (i) Any violation of W.S. 6-1-101 through 6-2-313 and 6-2-319 through 6-10-203; (ii) Any violation of W.S. 31-5-225, 31-5-229, 31-5-233 or 41-13-220(a); (iii) Any violation of W.S. 35-7-1001 through 35-7-1057; (iv) Any violation of W.S. 6-2-314 through 6-2-318; (v) Any violation of a municipal ordinance which has substantially similar elements to the criminal offenses specified in paragraphs (ii) through (iv) of this subsection or any other violation of a municipal ordinance which causes actual damage to persons or property. (b) The surcharge enumerated in subsection (a) of this section shall be imposed upon any defendant for whom prosecution, trial or sentence is deferred under W.S. 7-13-301 and 7-13-302 or who participates in any other diversion agreement. (c) Under no circumstances shall a court fail to impose the surcharge required by subsections (a) and (b) of this section if the court determines the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay. (d) The surcharge shall be paid within ten (10) days of imposition unless the court determines that it shall be paid in installments over a reasonable period of time. Failure to comply with the provisions for payment of the surcharge is punishable as contempt of court. Contempt proceedings or other proceedings to collect the surcharge may be initiated by the prosecuting attorney, by the court on its own motion or by the division. (e) Monies paid to the court by a defendant shall be applied to the surcharge before being applied to any fine, penalty, cost or assessment imposed upon the defendant. The proceeds from the surcharge imposed by this section shall be remitted promptly by the clerk of the court to the division for deposit in the account.

Propose a change

1-40-201. Short title.

This act may be cited as the "victims bill of rights".

Propose a change

1-40-202. Definitions.

(a) As used in this act: (i) "Criminal act" means conduct which would constitute a crime as defined by the laws of this state; (ii) "Victim" means an individual who has suffered direct or threatened physical, emotional or financial harm as the result of the commission of a criminal act or a family member of a victim who is a minor or an incompetent or a surviving family member of a homicide victim; (iii) "Witness" means a person who is likely to testify in a criminal proceeding; (iv) "Key witness" means any witness identified in writing by the prosecution as being entitled to the rights provided by this act; (v) "This act" means W.S. 1-40-201 through 1-40-210.

Propose a change

1-40-203. Victim and witness bill of rights.

(a) All victims and witnesses of crime shall be treated with compassion, respect and sensitivity. (b) Crime victims, key witnesses and, upon request, other witnesses shall have the following rights: (i) To be provided notification and information about events affecting the status of the case. These events shall include, but are not limited to, the following as specified in W.S. 1-40-204: (A) The general status of the case, provided the release of information does not compromise the investigation or endanger witnesses; (B) The scheduled hearings and dispositions of the case; (C) The sentencing phase of the case; (D) The imprisonment or release of the accused or convicted defendant. (ii) To be provided information about the right to receive judicially ordered restitution as provided in W.S. 7-9-102; (iii) To be provided information about their rights, privileges and interests under this act as provided in W.S. 1-40-204; (iv) To be provided information about compensation available under the Crime Victims Compensation Act as provided in W.S. 1-40-101 through 1-40-119; (v) To be provided information about services and assistance available to victims and witnesses as provided in W.S. 1-40-204; (vi) To be provided information about available legal recourse and other measures if subjected to threats or intimidation as provided in W.S. 1-40-205; (vii) To be provided, at the discretion of the prosecuting attorney or criminal justice personnel, reasonable protection and safety immediately before, during and after criminal justice proceedings; (viii) To be provided with the names, official telephone numbers and official addresses of the primary law enforcement officer and prosecutor assigned to investigate the case; (ix) To attend and participate in criminal justice system proceedings as provided in W.S. 1-40-206; (x) To have the accused brought to trial as provided in W.S. 1-40-207. Nothing in this paragraph shall inhibit the ability of counsel for the state and the defendant from entering into any negotiated disposition of any charge or charges which have been levied against the accused; (xi) To prompt return of property seized as evidence as provided in W.S. 1-40-208; (xii) To be protected from discharge or discipline by an employer due to involvement with the criminal justice process as provided in W.S. 1-40-209; (xiii) To be notified about the defendant's conviction as provided in W.S. 7-21-102(a); (xiv) To be notified about the victim's opportunity to make a victim impact statement for use in the preparation of a presentence investigation report concerning the defendant as provided in W.S. 7-21-102(a)(iii); (xv) To be provided with the address and telephone number of each probation office which is to prepare the presentence investigation as provided in W.S. 7-21-102(a)(iv); (xvi) To be notified that the presentence investigation report and any statement of the victim in the report will be made available to the defendant as provided in W.S. 7-21-102(a)(v); (xvii) To be notified about the opportunity to make an impact statement at sentencing as provided in W.S. 7-21-102(a); and (xviii) To be notified of the time and place of the sentencing proceeding and any changes thereof as provided in W.S. 7-21-102(a)(vii). (c) Courts shall enforce crime victim and witness rights under this act to the extent the recognition of those rights do not conflict with constitutional and statutory rights of the defendant.

Propose a change

1-40-204. Rights of victims and witnesses to be informed during the criminal justice process.

(a) Victims of a criminal act shall be informed without undue delay by law enforcement about: (i) The rights enumerated in this act; (ii) The right to be informed of the status of the case from the initial police investigation to the final appellate review; (iii) The fact that financial assistance or other social service options may be available to the victim; (iv) The existence of the Crime Victims Compensation Act and that compensation may be available to the victim; (v) The right to have an interpreter or translator to inform the victim of these rights; (vi) The name and official telephone number of the primary law enforcement officer assigned to investigate the case together with the official address and telephone number of the criminal justice agency investigating the case; (vii) The right to seek legal counsel and to employ an attorney. (b) Victims and key witnesses of a criminal act shall be informed in writing by the prosecuting attorney about: (i) Subject to order of the court, the right to attend all hearings and proceedings involving the case, including the right to be notified, upon request, of the date, time and place of those hearings; (ii) The right to be notified in advance, if reasonable, when a court proceeding has been rescheduled or canceled; (iii) The right to be advised of the potential for plea negotiations and, prior to sentencing, the right to be informed of the existence of a negotiated plea, the essentials of the agreement, and the reasons for the disposition; (iv) The right to know the accused has obtained a pretrial or presentence release; (v) The right to discuss the case with the prosecutor, and the official address and official telephone number of the prosecutor; (vi) The availability of other remedies, including the right to proceed in civil litigation generally and the right to any profits attributable to the offender as a result of publication or media coverage resulting from the crime; (vii) The fact that the attorneys involved and their investigators are advocates either for the state or for the defendant; (viii) The right to refuse to talk to attorneys, private investigators, law enforcement, or anyone else unless on the witness stand or under subpoena; (ix) If known to the prosecutor, the schedule of any post sentence hearings affecting the probation of the offender; (x) The right to provide an affidavit asserting acts or threats of physical violence by the accused or at the accused's direction against the victim or a relative of the victim, the survivor or designated key witness; (xi) The right to request notification that the offender has filed a petition for expungement of the records of conviction and advance notice of any hearing or proceeding thereon. (c) Victims, key witnesses, offices of prosecutors, victim witness coordinators and advocates who have participated in the criminal prosecution shall be offered the opportunity to be informed in writing by the department of corrections about: (i) The commencement of the offender's imprisonment to serve the sentence imposed and the name, official address and security classification of the place of confinement; (ii) The earliest date upon which the offender could be released and the date released; (iii) Any transfer of the offender to another facility including the security classification of that facility; (iv) Any placement of the offender in a community correctional program; (v) Any change in location of the offender's parole supervision; (vi) The escape, recapture or death of an offender; (vii) Any reduction or extension of the offender's sentence. (d) Victims, key witnesses, offices of prosecutors, victim witness coordinators and advocates who have participated in the criminal prosecution shall be offered the opportunity to be informed in writing by the board of parole about: (i) Any decision to grant or modify parole and any conditions imposed; (ii) Any pending revocation of parole, any associated return to custody, the revocation hearing date and disposition of revocation proceedings; (iii) Any absconscion from supervision and subsequent apprehension; (iv) Any rescission of parole; (v) Discharge from parole. (e) The governor's office shall ensure that the appropriate government agency shall notify in writing, or in person, victims, key witnesses, prosecutors, victim witness coordinators and advocates who have participated in the criminal prosecution of an application for a pardon or the pending commutation of the offender. (f) Victims, key witnesses, prosecutors, victim witness coordinators and advocates who have participated in the criminal prosecution who wish to receive notification and information shall provide the appropriate criminal justice agencies with their current address and telephone number. This address will only be used for notification purposes. (g) Nothing in subsections (c) through (e) of this section shall mean the victim, key witnesses, prosecutors, victim witness coordinators or advocates who have participated in the criminal prosecution shall be given information that could jeopardize the safety or security of any person.

Propose a change

1-40-205. Victims and witnesses of crime; free from intimidation.

(a) A victim or witness has the right to be free from any form of harassment, intimidation or retribution. (b) When waiting to testify in any proceeding regarding a criminal act, a victim or key witness has the right to be provided, upon request, with a waiting area separate from other witnesses. (c) When the threat of harassment, intimidation or retribution cannot be avoided, the court shall take appropriate measures to protect the victim or key witness. (d) Law enforcement officers and prosecuting attorneys shall provide information regarding law enforcement measures available to protect victims and key witnesses.

Propose a change

1-40-206. Victims of crime; present in court.

Unless the court for good cause shown shall find to the contrary, the victim, the victim's designee or both shall have the right to be present at all trial proceedings which may be attended by the defendant.

Propose a change

1-40-207. Victims; timing of trial of accused.

(a) The court shall consider the victim's interest and circumstances when setting any date for trial or in granting or denying continuances. (b) Nothing in this section shall infringe upon any rights of the accused in a criminal case or inhibit the ability of the prosecution and defense from entering into any agreement as to trial setting or negotiated disposition of any charge or charges pending against the defendant.

Propose a change

1-40-208. Prompt return of property; photographs in lieu of property.

(a) Victims and witnesses have the right to have any personal property, which is not contraband, promptly returned and any real estate, subject to declaration as uninhabitable under W.S. 35-9-156(d), released to the control of the real estate owner, provided it does not interfere with prosecution, trial or appellate review of the case. (b) Criminal justice agencies shall work together to expedite the return of property, which is not contraband, when it is no longer needed. Prosecuting attorneys shall promptly notify law enforcement agencies when evidence is no longer needed. The prosecuting attorney shall notify the attorneys for the defendants of the intention to return the property twenty (20) days prior to its return to enable the defendants to seek relief from the court. No notice is required in the absence of a known suspect or defendant unless otherwise ordered by the court. No later than sixty (60) days after the property is taken as evidence, the prosecuting attorney shall make an initial determination whether to expedite the return of property to the victim or witness. The prosecuting attorney in exercising discretion to expedite the return of property shall consider whether: (i) Photographs of the property would be admissible as evidence in lieu of the property; (ii) Submitting the photographs into evidence in lieu of the property will substantially prejudice any criminal proceeding; (iii) The property is required for evidentiary analysis; and (iv) Ownership of the property is disputed. (c) The trial court exercising jurisdiction over a criminal proceeding shall, if requested, enter appropriate orders to preserve the property for evidentiary analysis or use, or return the property to the victim or witness as appropriate.

Propose a change

1-40-209. Victims and witnesses have a right to preservation of employment.

(a) A victim or witness who responds to a subpoena from either the prosecution or defense in a criminal case during working hours shall not suffer any change in terms of employment solely because of the act of responding to a subpoena. (b) A victim or witness, upon request, shall be assisted by law enforcement agencies, the prosecuting attorney or defense attorney in informing an employer that the need for victim or witness cooperation may necessitate the absence of the victim or witness from work. (c) A victim or witness, who as a direct result of a criminal act or of cooperation with law enforcement agencies, prosecuting attorney or defense attorney, experiences financial hardship, shall be assisted by those agencies, the prosecuting attorney or defense attorney in explaining to employers and creditors the reasons for that financial hardship.

Propose a change

1-40-210. No civil liability created; testimony inadmissible; no relief by appeal.

(a) Nothing in this act shall be construed to create any civil cause of action for monetary damages against any person nor shall it constitute grounds for any claim or motion raised by either the state or defendant in any proceedings. (b) Testimony or argument regarding the compliance or noncompliance with this act is inadmissible in any criminal trial. (c) The failure of a victim, designee or any criminal justice agency personnel to exercise or enforce any right granted by the provisions of this act shall not be grounds for relief during proceedings or for any appeal of a conviction by a defendant or grounds for any court to set aside, reverse or remand a criminal conviction.

Propose a change

1-40-301. Compensation from benefits of crime.

The legislature finds that the state has a compelling interest in preventing any person who is convicted of a criminal act from profiting from the criminal act and in recompensing victims of the criminal act. It is therefore the intent of the legislature to provide a mechanism whereby any profits from a criminal act that are received by the person convicted of the criminal act are available as restitution to the victims of the criminal act.

Propose a change

1-40-302. Definitions.

(a) As used in this article: (i) Repealed By Laws 1998, ch. 81, § 3. (ii) "Criminal act" means a conviction of an offense as defined by W.S. 1-40-202(a)(i); (iii) "Escrow account" means an account created under W.S. 1-40-303(a); (iv) "Profits from the crime" means: (A) Any property obtained through or income generated from the commission of the criminal act of which the defendant was convicted; (B) Any property obtained by or income generated from the sale, conversion or exchange of proceeds of the criminal act of which the defendant was convicted, including any gain realized by the sale, conversion or exchange; and (C) Any property that the defendant obtained or income generated as a result of having committed the criminal act of which the defendant was convicted, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the criminal act, as well as any property obtained by or income generated from the sale, conversion or exchange of such property and any gain realized by such sale, conversion or exchange. (v) "Victim" means as defined by W.S. 1-40-202(a)(ii); (vi) "Division" means the victim services division within the office of the attorney general, created by W.S. 9-1-636.

Propose a change

1-40-303. Distribution of profits from crime.

(a) Any person who contracts with a defendant convicted of a criminal act in this state, or the defendant's representative or assignee, for payment of any profits from the criminal act of which the defendant is convicted shall pay to the division any money that would otherwise by terms of the contract be paid to the defendant or the defendant's representatives or assignees. The division shall deposit the money in an escrow account for the benefit of any victim of the criminal act of which the defendant was convicted. (b) Notwithstanding any other applicable statute of limitations, any person who is a victim of the criminal act from which a defendant receives profits under subsection (a) of this section may, within five (5) years of the establishment of the escrow account: (i) Enforce any order of restitution entered against the defendant against the monies on deposit in the escrow account; or (ii) Bring a civil action in a court of competent jurisdiction to recover a judgment against the defendant or the defendant's representatives or designees and enforce the judgment against monies on deposit in the escrow account. (c) Upon establishing an escrow account pursuant to subsection (a) of this section, the division shall notify, at their last known address, all known victims of the criminal act of the establishment of the escrow account. The notice shall specify the existence of the escrow account, the amount on deposit and the victim's right to execute an order of restitution or bring a civil action to recover against the monies in the escrow account within five (5) years of the date the escrow account is established. (d) The attorney general is authorized to bring any action necessary to enforce subsection (a) of this section. If the attorney general prevails in an action under this subsection, the court shall order the payment from the monies recovered to the attorney general of reasonable costs and attorney's fees.

Propose a change

1-40-304. Notification of division.

It shall be the responsibility of the victim, the victim's attorney, or the victim's representative to notify the division of the filing of any civil action under W.S. 1-40-303(b)(ii).

Propose a change

1-40-305. Disbursal of compensation; more than one claim.

(a) The division shall not disburse any compensation from the escrow account until the later of: (i) Five (5) years after the escrow account is established; or (ii) The date all civil actions of which the division has actual knowledge and that are filed within the five (5) year period provided by W.S. 1-40-303(b)(ii) have been settled or reduced to judgment. (b) If more than one (1) claim against the monies in escrow is filed pursuant to W.S. 1-40-303(b)(i) or (ii), the division shall disburse payments from the escrow account on a pro rata basis.

Propose a change

1-40-306. Actions null and void.

Any action taken by a defendant who is convicted of a criminal act or who enters a plea of guilty, whether by way of the execution of a power of attorney, the creation of corporate entities or any other action, to defeat the purpose of this article shall be null and void as against the public policy of this state.

Propose a change

1-40-307. Interest on monies in escrow account.

Interest earned on the monies deposited in an escrow account shall accrue to the benefit of the payees of the account.

Propose a change

1-40-308. Disbursal of unclaimed funds.

(a) Any unclaimed funds remaining in an escrow account after the disbursal period provided by W.S. 1-40-305(a) shall be forfeited and paid over to the crime victims compensation account created by W.S. 1-40-114 in accordance with this section. (b) If any unclaimed funds remain in an escrow account after the disbursal period provided by W.S. 1-40-305(a), the division shall seek an order in district court to show cause why the funds should not be forfeited. Notice to the defendant and proceedings on the order to show cause shall be according to the Wyoming Rules of Civil Procedure, provided notice by publication shall be once each week for two (2) consecutive weeks. The trial of the issues shall be by the court. (c) On final hearing the order to show cause shall be taken as prima facie evidence that the funds constitute profits from the crime and is sufficient for a judgment of forfeiture in the absence of other proof. (d) In disputed cases the burden shall be upon the division to show that there is a reasonable basis for believing that the funds constitute profits from the crime. (e) The proceedings and judgment of forfeiture shall be in rem and shall be primarily against the property itself. (f) Upon the entry of a judgment of forfeiture the court shall order the funds paid over to the crime victims compensation account created by W.S. 1-40-114.

Propose a change

1-41-101. Legislative findings and intent.

The legislature recognizes that certain liability insurance policies of the state of Wyoming have been cancelled, that no responsive bids have been received and that there exists a need to develop a method to handle claims brought under the Wyoming Governmental Claims Act and arising under federal law. The legislature declares that the appropriate remedy is to create an account for self-insurance of the state and to provide for a loss prevention program. It is the intent of the legislature that the self-insurance account shall be operated on an actuarially sound basis. The legislature further declares that its intent is that the availability of commercial liability insurance coverage shall be explored considering the possibility that the insurance industry can provide coverage in the future that is less expensive than the costs of providing a loss prevention program and paying for claims out of the self-insurance account.

Propose a change

1-41-102. Definitions.

(a) As used in this act: (i) "Division" means the general services division of the department of administration and information; (ii) "Final money judgment" means any judgment for monetary damages after all appropriate appeals from the judgment have been exhausted or after the time has expired when appeals may be taken; (iii) "Local government" means as defined by W.S. 1-39-103(a)(ii); (iv) "Peace officer" means as defined by W.S. 7-2-101, but does not include those officers defined by W.S. 7-2-101(a)(iv)(K) or those officers defined by W.S. 7-2-101(a)(iv)(M) unless otherwise provided in the applicable mutual aid agreement; (v) "Public employee" means any officer, employee or servant of the state, provided the term: (A) Includes elected or appointed officials, peace officers, members of regional emergency response teams authorized under W.S. 35-9-155 and persons acting on behalf or in service of the state in any official capacity, whether with or without compensation, including volunteer physicians providing medical services under W.S. 9-2-103(a)(i)(C); (B) Does not include: (I) An independent contractor except as provided in subparagraphs (C) and (D) of this paragraph; (II) A judicial officer exercising the authority vested in him; or (III) Any local government employees or officials including county and prosecuting attorneys. (C) Includes contract physicians, physician assistants, nurses, optometrists or dentists in the course of providing contract services for state institutions; (D) Includes contract attorneys in the course of providing contract services for the office of guardian ad litem as provided in W.S. 14-12-104; (E) Includes health care providers and medical facilities delivering volunteer health care services to low income individuals under a contract pursuant to W.S. 35-31-101 through 35-31-103. (vi) "Risk manager" means the manager of the risk management section of the general services division of the department of administration and information; (vii) "Scope of duties" means performing any duties which the state requests, requires or authorizes a public employee to perform, or which the University of Wyoming or a local government requests, requires or authorizes a peace officer to perform, regardless of the time and place of performance; (viii) "State" or "state agency" means the state of Wyoming or any of its branches, agencies, departments, boards, instrumentalities or institutions but does not include the University of Wyoming except as provided by W.S. 1-41-110(b); (ix) "Self-insurance account" or "account" means the account created by W.S. 1-41-103; (x) "This act" means W.S. 1-41-101 through 1-41-111.

Propose a change

1-41-103. Self-insurance account; creation; authorized payments.

(a) There is created the state self-insurance account. The account shall be in such amount as the legislature determines to be reasonably sufficient to meet anticipated claims. In addition to any legislative appropriation, the account shall include all authorized transfers of monies to the account, all income from investments of monies in the account and payments by insurance or reinsurance companies. The account may be divided into subaccounts for purposes of administrative management. Appropriations to the account shall not lapse at the end of any fiscal period. (b) The self-insurance account shall maintain sufficient reserves for incurred but unpaid claims as well as incurred but unreported claims. (c) Expenditures shall be made out of the self-insurance account for the following claims which have been settled or reduced to final judgment: (i) Claims brought against the state or its public employees under the Wyoming Governmental Claims Act, provided any amount up to two thousand five hundred dollars ($2,500.00) paid for or in defense of each claim involving an automobile, physical damage, a settlement or adverse judgment shall be reimbursed to the self-insurance account by the state agency, from its existing budget, against which the claim is brought or which employs the public employee against whom the claim is brought; (ii) Claims against the state or its public employees, or a state judicial officer exercising the authority vested in him, arising under 42 U.S.C. 1983 or other federal statutes, which the state has obligated itself to pay under subsection (e) of this section, provided any amount up to two thousand five hundred dollars ($2,500.00) paid for or in defense of each claim resulting in settlement or adverse judgment shall be reimbursed to the self-insurance account by the state agency, from its existing budget, against which the claim is brought or which employs the public employee against whom the claim is brought; (iii) Claims against a peace officer employed, with or without compensation, by the Wyoming state board of outfitters and professional guides, the University of Wyoming or a local government brought under the Wyoming Governmental Claims Act, provided: (A) The act or omission upon which the claim is based has been determined by a court or jury to be within the peace officer's scope of duties; (B) The indemnification for the judgment shall not exceed the limits provided by W.S. 1-39-118; (C) Any amount up to twenty thousand dollars ($20,000.00) paid for or in defense of each claim shall be paid on a dollar for dollar matching basis from the account and from the University of Wyoming or the local government employing the peace officers; (D) Any amount up to twenty thousand dollars ($20,000.00) paid for or in defense of each claim against a peace officer employed by the Wyoming state board of outfitters and professional guides shall be paid by the board; and (E) "Peace officer" as used in this paragraph includes part time and reserve peace officers as defined in W.S. 9-1-701(a)(viii). (iv) Claims against a peace officer employed, with or without compensation, by the Wyoming state board of outfitters and professional guides, the University of Wyoming or a local government arising under 42 U.S.C. 1983 or other federal statutes, provided: (A) Any amount up to twenty thousand dollars ($20,000.00) paid from the account for or in defense of each claim shall be paid on a dollar for dollar matching basis from the account and from the University of Wyoming or the local government employing the peace officer; (B) Any amount up to twenty thousand dollars ($20,000.00) paid for or in defense of each claim against a peace officer employed by the Wyoming state board of outfitters and professional guides shall be paid by the board; (C) The conditions and limitations of subsection (e) of this section apply to all claims under this paragraph; and (D) "Peace officer" as used in this paragraph includes part time and reserve peace officers as defined in W.S. 9-1-701(a)(viii). (v) Claims against contract physicians, physician assistants, nurses, optometrists or dentists brought under the Wyoming Governmental Claims Act or federal law, provided: (A) The contract physician, physician assistant, nurse, optometrist or dentist is unable to procure medical malpractice insurance coverage up to the limits specified in W.S. 1-39-110(b) or 1-39-118(a) as applicable; (B) The liability of the state shall not exceed limits specified in W.S. 1-39-118(a) except as the limitation may be increased by W.S. 1-39-110(b) both reduced by the amount of the contract physician's, physician assistant's, nurse's, optometrist's or dentist's malpractice insurance coverage applicable to such claim; and (C) The claim arises from services performed by the contract physician, physician assistant, nurse, optometrist or dentist for a state institution. (d) Expenditures may also be made out of the self-insurance account for any one (1) or more of the following: (i) Expenses related to claims under subsection (c) of this section; (ii) Costs of purchasing services, including loss prevention, risk and claims control, and legal, actuarial, investigative, support and adjustment services; (iii) Costs of insurance or reinsurance premiums consistent with market availability; (iv) Administrative expenses incurred by the division under this act including the cost of necessary personnel within the office of the attorney general, as may be mutually agreed upon by the risk manager and the attorney general, to handle claims arising under this act. (e) The state shall defend claims against its public employees, or a state judicial officer exercising the authority vested in him, arising under 42 U.S.C. 1983 or other federal statutes, subject to the following conditions: (i) The state shall defend and, to the extent provided by paragraph (v) of this subsection, indemnify any of its public employees against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the scope of duty; (ii) Repealed by Laws 1988, ch. 50, § 2. (iii) If any civil action, suit or proceeding is brought against any public employee of the state which on its face falls within the provisions of paragraph (i) of this subsection, or which the public employee asserts to be based in fact upon an alleged act or omission in the scope of duty, the state shall appear and defend the public employee under an automatic reservation of right by the state to reject the claim unless the act or omission is determined to be within the scope of duty; (iv) Any public employee of the state against whom a claim within the scope of this subsection is made shall cooperate fully with the state in the defense of the claim. If the state determines that the public employee has not cooperated or has otherwise acted to prejudice defense of the claim, the state may at any time reject the defense of the claim; (v) Unless the act or omission upon which a claim is based is determined by the court or jury to be within the public employee's scope of duty, no public funds shall be expended in payment of the final judgment against the public employee; (vi) Nothing in this subsection shall be deemed to: (A) Increase the limits of liability under W.S. 1-39-118 for claims brought under the Wyoming Governmental Claims Act; (B) Affect the liability of the state itself or of any of its public employees on any claim arising out of the same accident or occurrence; or (C) Waive the protection of the state or its public employees from liability where immunity has not been specifically waived.

Propose a change

← Find another law