Wyoming Tackles Rape Kit Reporting

NEWS RELEASE

 
January 16, 2019

FOR IMMEDIATE RELEASE                                                

Contact: Senator Affie Ellis
Affie.Ellis@wyoleg.gov
 
Wyoming Tackles Rape Kit Reporting
 
CHEYENNE, Wyo. – Cheyenne Republican Senator Affie Ellis and Sundance Republican Representative Tyler Lindholm introduced Senate File 72 dealing with sexual assault biological evidence kits, commonly referred to as “rape kits.”

Senate File 72 defines “sexual assault biological evidence” to include DNA samples and other evidence gathered during a medical examination of the victim.  The legislation would accomplish three objectives.  First, the bill would require law enforcement agencies to report the number of rape kits held in their possession and the status of laboratory analysis.  Currently, Wyoming does not require such reporting.  Second, the bill would prevent the destruction of such evidence without a court order.  Retention policies vary between counties.  Finally, the bill would require the State, rather than local law enforcement agencies, to cover the costs of the medical exam.  Currently, the State can only cover those costs if the victim decides not to report the crime; otherwise, the cost is covered by the investigating law enforcement agency.

“Nationally, estimates suggest that hundreds of thousands of rape kits have been untested prompting states to address their backlogs.  Although we likely do not have a backlog in Wyoming, we simply do not know.  Senate File 72 will give us that information and take action down the road, if needed,” Ellis stated.

In addition to reporting requirements, Senate File 72 would ensure that sexual assault biological evidence is not destroyed.  Lindholm cited a recent case where a convicted rapist from Wyoming faced trial for sexual assaults that occurred in the 1970s.  The evidence needed to connect the defendant to other crimes had not been tested until 2015.  “There is tremendous value in preserving sexual assault biological evidence,” urged Lindholm.

Erin Rumsey, a sexual assault nurse examiner at Ivinson Memorial Hospital in Laramie agreed.  “Advances in technology, such as DNA analysis, can link crimes together, holding serial offenders accountable.”

“Senate File 72 requires the State to cover the costs of the medical exams, regardless of whether the victim decides to report the crime” explained Tara Muir, Wyoming Coalition Against Domestic Violence and Sexual Assault.  “Having one funding source removes obstacles for victims that some communities have faced,”

Byron Oedekoven, Wyoming Association of Sheriffs and Chiefs of Police, added, “Law enforcement agencies are committed to enforcing Wyoming’s laws on sexual assault and we are proud of the work we do, often on tight budgets.  Shifting the costs of the medical exams to the State is a step in the right direction.”
 
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Legislation Introduced to Repeal the Death Penalty

NEWS RELEASE


January 14, 2019

FOR IMMEDIATE RELEASE                                               
 

Contact: Representative Jared Olsen
Jared.Olsen@wyoleg.gov
307-509-0242

Legislation Introduced to Repeal the Death Penalty
Representative Olsen and Senator Boner Work Together to Repeal Ineffective and Costly Death Penalty

Cheyenne, Wyo. – Laramie County Representative Jared Olsen (HD-11) and Converse County Senator Brian Boner (SD-02) teamed up this week to introduce legislation that repeals the death penalty in Wyoming.

“While we must continue to be tough on crime and keep victims at the forefront of our minds, the death penalty has been found to be ineffective and expensive,” said Representative Olsen. “Having the death penalty on the table is a costly endeavor. The Wyoming Public Defender spends approximately $750,000 every year in taxpayer money to staff and fund capital cases.”

“Wyoming has not carried out an execution in 27 years and does not have a single inmate on death row, yet we continue to spend hundreds of thousands of dollars every year to maintain the death penalty,” said Senator Boner. “I believe the availability of a life without parole sentence adequately balances the need to protect public safety while recognizing the need to reduce the strain on taxpayer resources.”

House Bill 145, Death Penalty Repeal-2, was introduced in the Wyoming State Legislature this week by Representative Olsen and Senator Boner. Speaker Steve Harshman, House Majority Leader Eric Barlow, and House Majority Whip Tyler Lindholm have all signed on as cosponsors. Additional bill sponsors include Senator Liisa Anselmi-Dalton, Senator Bill Landen, Senator Stephan Pappas, and Senator Chris Rothfuss along with Representative Landon Brown, Representative Donald Burkhart, Jr., Representative Cathy Connolly, Representative JoAnn Dayton-Selman, Representative Jamie Flitner, Representative David Miller, Representative Charles Pelkey, Representative Andy Schwartz and Representative Sue Wilson.

The legislation would repeal the death penalty in Wyoming, making life without parole the most severe sentence available. The fiscal note on the bill, completed by the nonpartisan Legislative Service Office, estimates the elimination of the death penalty would save the State of Wyoming approximately $750,000 in expenditures in FY2020 alone.

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Legislation Introduced to Establish Protocol for Return of Human Remains

NEWS RELEASE


January 11, 2019

FOR IMMEDIATE RELEASE                                               
 

Contact: Senator Brian Boner
Brian.Boner@wyoleg.gov
307-359-0707
 
Legislation Introduced to Establish Protocol for Return of Human Remains
Senator Boner and Rep. Clifford Team Up to Ensure Respectful Process for Repatriation and Reburial of Remains Found on State and Private Lands

Cheyenne, Wyo. – Converse County Senator Brian Boner (SD-02), Laramie County Senator Affie Ellis (SD-08) and Fremont County Representative Andi Clifford (HD-33) introduced Senate File 78, Archaeological human burial sites to create a formal  process to reinter human remains inadvertently discovered on state and private lands.

“The discovery of human remains carries great religious, cultural and personal implications,” said Senator Boner. “This legislation establishes a clear process to ensure that such remains are treated with dignity while respecting property rights.”

The legislation would require a person who discovers human remains and funerary object to notify law enforcement and the county coroner. For archaeological remains, the bill clarifies how exhumation and reinternment of human remains should occur, including the consideration of present day descendants. For remains that are of American Indian descent, the bill would require the State Archaeologist to develop and utilize a protocol for the consultation, repatriation and reinternment of native human remains.

“During the 2018 interim, we worked in close consultation with the Eastern Shoshone and Northern Arapaho Tribes to craft this bill, recognizing that Wyoming was once home to a number of tribes,” states Senator Ellis. “The protocol will ensure the consultation of these culturally affiliated tribes so that discovered remains are respected and rightfully returned.”

The legislation was prompted, in part, by the uncovering and consequent handling of the historic remains of an Eastern Shoshone woman known commonly today as the ‘Horse Creek Girl.’ Wyoming is one of the few western states without a process in place for the repatriation of human remains uncovered on state or private lands.

“Due to the increase in oil and gas development across the state of Wyoming, the Northern Arapaho and Eastern Shoshone THPOs recognized the need for legislation to address inadvertent discoveries during ground disturbing activities. Both tribes, along with numerous other tribes, include the state of Wyoming as part of their ancestral migration territory. Wyoming contains sacred sites and burials across the state which include areas ideal for oil and gas exploration and development. This bill would allow THPOs, state and federal agencies and proponents to collaborate in an efficient manner to avoid, minimize and mitigate sacred sites of burials in areas of potential effect. This bill is a proactive measure towards the high probability of inadvertent discoveries and provides assurance that our ancestors are treated with reverence and put back into Mother Earth as soon as possible,” said Rep. Clifford.

Senator Boner noted that non-Indian archaeological remains may also be discovered, particularly along historic trails. “This bill also respects the western emigrants who made their way across Wyoming,” he explained. “Technology exists that allows us to find and contact modern day descendants to determine how to best reinter those remains according to a family’s wishes.”

During the 2018 Interim, the Select Committee on Tribal Relations, co-chaired by Senator Cale Case (R-Fremont) and Representative Lloyd Larsen (R-Fremont).  Both chairmen co-sponsored the bill.  Additional bill sponsors include Senator Liisa Anselmi-Dalton (D-Sweetwater), Senator Larry Hicks (R-Carbon), Representative Stan Blake (D-Sweetwater), Representative Aaron Clausen (R-Converse), and Representative Tyler Lindholm (R-Crook).
 
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