SF0105

Establishes permanent orders of protection for victims of sexual assault, stalking, and domestic violence, with procedures for issuance, conditions, and termination.

• Allows courts to issue permanent orders of protection on their own motion or upon petition by a victim, requiring consideration of the respondent's history of violence, offense severity, and whether permanent protection is necessary to prevent further harm. (W.S. 7-3-513(a), W.S. 35-21-113(a))
• Authorizes courts to enter permanent orders of protection upon conviction of a violent felony as defined in W.S. 6-1-104(a)(xii). (W.S. 7-3-513(b), W.S. 35-21-113(b))
• Permits permanent orders to specify various conditions and directions as those applicable to temporary or standard orders, and requires inclusion of notice provisions. (W.S. 7-3-513(c), W.S. 35-21-113(c))
• Requires a hearing before a permanent order is entered, with provisions allowing parties to petition to appear remotely if the court has appropriate technology. (W.S. 7-3-513(d), W.S. 35-21-113(d))
• Permits termination of a permanent order upon the victim's request or upon the respondent's motion showing good cause. (W.S. 7-3-513(e), W.S. 35-21-113(e))
• Establishes that willful violation of a permanent order of protection is a misdemeanor punishable by up to six months imprisonment, a fine up to $750, or both, with statewide applicability allowing prosecution in any county where a violation occurs. (W.S. 7-3-510(c))
• Creates an affirmative defense to violation charges when a victim requests the perpetrator violate an order of protection. (W.S. 7-3-509(c))
• Updates definition and applicability sections to include permanent orders of protection throughout the stalking and sexual assault protection statutes. (W.S. 7-3-506(a), W.S. 7-3-507(f), W.S. 7-3-512, W.S. 35-21-102(a)(viii))
• Applies tolling provisions to permanent orders when a respondent is sentenced and incarcerated, with the effective period extending the greater of the time remaining or one year from release.