HOUSE BILL NO. HB0278. Representative(s) Harshman and Gingery and Senator(s) Jennings and Ross A BILL. for

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1 00 STATE OF WYOMING 0LSO-00 HOUSE BILL NO. HB0 Sex offenders-internet access. Sponsored by: Representative(s) Harshman and Gingery and Senator(s) Jennings and Ross A BILL for AN ACT relating to criminal offenses; providing for imposition of restrictions on internet access on sex offenders; and providing for an effective date. Be It Enacted by the Legislature of the State of Wyoming: Section. W.S. -- is created to read: Internet use by sex offenders placed on probation or parole. (a) In the case of a person convicted of a criminal offense specified in W.S. --0(g) through (j), or convicted of a criminal offense in Wyoming containing the same or similar elements, or arising out of the same or similar facts or circumstances, as a criminal offense HB0

2 00 STATE OF WYOMING 0LSO-00 specified in W.S. --0(g) through (j), and who is required to register under W.S. --0, where the trier of fact makes a finding that a computer or any other device with internet capability was used to facilitate the commission of the crime, the court shall, in addition to any other disposition, order the following internet access conditions: (i) Prohibit the person from accessing or using 0 a computer or any other device with internet capability without the prior written approval of the court except, if the person is on probation or parole, the person may use a computer or any other device with internet capability in connection with that person's employment or search for employment with the prior approval of the person's probation or parole officer; (ii) Require the person to submit to periodic 0 unannounced examinations of the person's computer or any other device with internet capability by a probation officer, parole officer, law enforcement officer or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals HB0

3 00 STATE OF WYOMING 0LSO-00 and removal of the information, equipment or device to conduct a more thorough inspection; (iii) Require the person to submit to the installation on the person's computer or device with internet capability, at the person's expense, one () or more hardware or software systems to monitor the internet use; and 0 (iv) Require the person to submit to any other appropriate restrictions concerning the person's use or access of a computer or any other device with internet capability. (b) A person who fails to comply with the internet 0 access conditions imposed in a court order under this section shall be guilty of a misdemeanor, punishable by imprisonment for not more than six () months, a fine of not more than seven hundred fifty dollars ($0.00), or both. (c) The attorney general or district attorney may petition the court to impose restrictions pursuant to this HB0

4 00 STATE OF WYOMING 0LSO-00 section upon any person who is required to register as provided in W.S Section. W.S. --0 by creating a new subsection (m) is amended to read: --0. Registration of offenders; procedure; verification. 0 (m) A person required to register under this act who is subject to internet access restrictions as provided under W.S. -- or a similar law in another state shall provide the appropriate law enforcement agency with information as to whether the person has routine access to or use of a computer or any other device with internet capability. A person who fails to notify the appropriate 0 law enforcement agency of this information or of a change in the person's access to or use of a computer or other device with internet capability or who provides false information concerning the person's access to use of a computer or any other device with internet capability is guilty of a misdemeanor, punishable by imprisonment for not more than six () months, a fine of not more than seven hundred fifty dollars ($0.00), or both. HB0

5 00 STATE OF WYOMING 0LSO-00 Section. This act is effective July, 00. (END) HB0