§ 1-40-203 — Victim and witness bill of rights

Wyoming § 1-40-203

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 40: CRIME VICTIMS COMPENSATION
• Art. 2: VICTIM AND WITNESS BILL OF RIGHTS

Text

(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.