Bill Summary – FastDemocracy

                                                            24LSO-0359
                              STATE OF WYOMING
                              HOUSE BILL NO. HB0152
     Sex offenders-child care facilities.
     Sponsored by:    Representative(s) Ottman, Andrew, Angelos,
                        Banks, Knapp, Northrup, Penn, Trujillo and Winter and Senator(s) Hutchings
                                        A BILL
                                          for
 AN ACT relating to crimes and offenses; prohibiting sex
 offenders from accessing or     residing near child care
 facilities as specified; providing exceptions; providing a
 definition; and providing for an effective date.
 5
 Be It Enacted by the Legislature of the State of Wyoming:
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        Section    1.   W.S.   6-2-320(a)(intro),         by creating new
 paragraphs       (v)   through     (vii),    (e)   by creating        a new
 paragraph (iii) and by creating a new subsection (f) is
 amended to read:
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        6-2-320.    Prohibited access to school and child care
 facilities by adult sex offenders; exceptions; penalties;
 definitions.
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                        STATE OF WYOMING                  24LSO-0359
 1
         (a)   Except as provided in subsection subsections (b)
 and (f) of this section, no person who is eighteen (18)
 years of age or older who is required to register as a sex
 offender pursuant to W.S. 7-19-302 shall:
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               (v)     Be upon or remain on the premises of any
 child care facility in   this state when the registered
 offender has reason to believe children under the age of
 eighteen (18) years are present at the child care facility
 for the purpose of    receiving temporary child care or
 because the children reside in a group home for children;
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               (vi)    Knowingly loiter on a public way within one
 thousand (1,000) feet from the property line of a child
 care facility in this state when the registered offender
 has reason to believe children under the age of eighteen
 (18) years are present at the child care facility for the
 purpose of receiving temporary child care or because the
 children reside in a group home for children;
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               (vii)     Reside within one thousand (1,000) feet of
 the property on which a child care facility is located,
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                     STATE OF WYOMING                24LSO-0359
 measured from the nearest point of the exterior wall of the
 registered offender's dwelling unit to   the child care
 facility's property line, except that this paragraph shall
 not apply if the registered offender established residence
 at the location prior to July 1, 2024 or prior to the date
 on which the child care facility was established at the
 location.
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        (e)   As used in this section:
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              (iii)   "Child care facility" means:
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                  (A)   A building at which a person licensed
 or certified under the provisions of W.S. 14-4-101 through
 14-4-111 provides child care or operates a group home for
 children;
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                  (B)   A    facility which is   administered or
 supervised by a governmental entity, including the state,
 local governments or school districts, and which provides:
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                                      3              HB0152
                          STATE OF WYOMING                        24LSO-0359
                             (I)     Child care at the request of the
 parents, legal guardians or an agency responsible for the
 children; or
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                             (II)       Residential care to children in a
 group home at the request of the parents, legal guardians
 or an agency responsible for the children.
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        (f)     The provisions of paragraphs (a)(v) through (vii)
 of this section shall not apply to     the extent the
 registered sex offender:
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                (i)    Is dropping off or picking up a child and
 the registered offender is    the child's parent or   legal
 guardian;
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                (ii)      With the written permission of the child
 care facility owner, operator, administrator or person with
 equivalent authority,     is attending an    event or   activity
 planned by   the child care facility with facility staff
 present when the registered offender is a parent or legal
 guardian of a child who is participating in the event or
 activity;
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                      STATE OF WYOMING                 24LSO-0359
 1
             (iii)    Is temporarily at the child care facility
 for the purpose of making a mail, food or other delivery;
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             (iv)    Works in   a multipurpose building that
 includes a child care facility;
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             (v)     Is exercising his right to vote in a public
 election;
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             (vi)    Resides at a state licensed or certified
 facility for incarceration,      health or   convalescent care
 that is within one thousand (1,000) feet from the property
 on which a child care facility is located;
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             (vii)    Stays at a homeless shelter or resides at
 a recovery facility that is within one thousand (1,000)
 feet from the property on which a child care facility is
 located if the shelter or facility has been approved for
 sex offenders by the county sheriff or city police chief in
 which the shelter or facility is located.
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                  STATE OF WYOMING            24LSO-0359
        Section 2.   This act is effective July 1, 2024.
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                               (END)
                                  6            HB0152
Statutes affected: 
Introduced: 6-2-320