2010 Wyoming Statutes
Title 7 - Criminal Procedure
Chapter 21 - Victim Impact Statements

CHAPTER 21 - VICTIM IMPACT STATEMENTS

 

7-21-101. Definitions.

 

 

(a) As used in this chapter:

 

(i) "Crime" means a felony as defined by W.S. 6-10-101;

 

(ii) "Family member" means a spouse, child, sibling, parent or legal guardian of a victim;

 

(iii) "Victim" means an individual who has suffered direct or threatened physical, emotional or financial harm as the result of the commission of a crime or a family member of a minor, incompetent person or a homicide victim;

 

(iv) "Victim impact statement" means an oral or written statement by the victim of a crime providing the information specified by W.S. 7-21-102(c).

 

7-21-102. Notice to crime victims.

 

 

(a) If a defendant is convicted of a crime involving an identifiable victim, the district attorney, upon and in accordance with the request of the victim, shall give to the victim notice of the following:

 

(i) The defendant's conviction;

 

(ii) The offenses for which the defendant was convicted and the possible sentences for each offense;

 

(iii) The victim's opportunity to make a written or oral impact statement for use in the preparation of the presentence investigation report concerning the defendant when a presentence investigation report is to be prepared;

 

(iv) The address and telephone number of the probation office which is to prepare the presentence investigation report;

 

(v) That a presentence investigation report and any statement of the victim included in the report will be made available to the defendant;

 

(vi) The victim's opportunity to make an impact statement at sentencing or at any subsequent hearing for correction or reduction of sentence; and

 

(vii) The time and place of the sentencing proceeding and the time and place of any subsequent hearing for correction or reduction of sentence.

 

(b) The notice given by the district attorney to the victim pursuant to this section shall be given by any means reasonably calculated to give prompt actual notice.

 

(c) A notice given under subsection (a) of this section shall inform the victim that his impact statement may include but shall not be limited to the following:

 

(i) An explanation of the nature and extent of any physical, psychological or emotional harm or trauma suffered by the victim;

 

(ii) An explanation of the extent of any economic loss or property damage suffered by the victim;

 

(iii) The need for and extent of restitution and whether the victim has applied for or received compensation for loss or damage; and

 

(iv) The victim's recommendation for an appropriate disposition.

 

7-21-103. Submission of victim impact statement to sentencing court.

 

(a) At any hearing to determine, correct or reduce a sentence, an identifiable victim of the crime may submit, orally, in writing or both, a victim impact statement to the court.

 

(i) Repealed by Laws 2005, ch. 17, 2.

 

(ii) Repealed By Laws 2005, ch. 17, 2.

 

(b) Any victim impact statement submitted to the court pursuant to this section shall be among the factors considered by the court in determining the sentence to be imposed upon the defendant or in determining whether there should be a correction or reduction of sentence.

 

(c) Any failure to comply with the terms of this chapter shall not create a cause for appeal or reduction of sentence for the defendant, or a civil cause of action against any person by the defendant.

 

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