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 suffereddirect or threatened physical, emotional or financial harm as the result of thecommission of a crime or a family member of a minor, incompetent person or ahomicide victim;
(iv) "Victim impact statement" means an oral orwritten statement by the victim of a crime providing the information specifiedby W.S. 7-21-102(c).
7-21-102. Notice to crime victims.
(a) If a defendant is convicted of a crime involving anidentifiable victim, the district attorney, upon and in accordance with therequest 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 thepossible sentences for each offense;
(iii) The victim's opportunity to make a written or oral impactstatement for use in the preparation of the presentence investigation reportconcerning the defendant when a presentence investigation report is to beprepared;
(iv) The address and telephone number of the probation officewhich is to prepare the presentence investigation report;
(v) That a presentence investigation report and any statementof the victim included in the report will be made available to the defendant;
(vi) The victim's opportunity to make an impact statement atsentencing or at any subsequent hearing for correction or reduction ofsentence; and
(vii) The time and place of the sentencing proceeding and thetime and place of any subsequent hearing for correction or reduction ofsentence.
(b) The notice given by the district attorney to the victimpursuant to this section shall be given by any means reasonably calculated togive prompt actual notice.
(c) A notice given under subsection (a) of this section shallinform the victim that his impact statement may include but shall not belimited 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 orproperty damage suffered by the victim;
(iii) The need for and extent of restitution and whether thevictim 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, avictim 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 pursuantto this section shall be among the factors considered by the court indetermining the sentence to be imposed upon the defendant or in determiningwhether there should be a correction or reduction of sentence.
(c) Any failure to comply with the terms of this chapter shallnot create a cause for appeal or reduction of sentence for the defendant, or acivil cause of action against any person by the defendant.