Wyo. Stat. § 7-19-401

Definitions.

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(a)   For purposes of this act:

          (i) "CODIS" means the FBI's national DNA
identification index system;

          (ii) "Convicted" includes pleas of guilty, nolo
contendere and verdicts of guilty upon which a judgment of
conviction may be rendered. "Convicted" shall not include
dispositions pursuant to W.S. 7-13-301 or 35-7-1037;

          (iii) "Criminal justice agency" means any agency or
institution of state or local government, other than the office
of the public defender, which performs as part of its principal
function, activities relating to:

               (A) The apprehension, investigation,
prosecution, adjudication, incarceration, supervision or
rehabilitation of criminal offenders; or

               (B) The collection, maintenance, storage,
dissemination or use of criminal history record information.

          (iv)    "Department" means the Wyoming department of
corrections;

          (v) "Division" means the division of criminal
investigation within the office of the Wyoming attorney general;

           (vi)   "DNA" means deoxyribonucleic acid located in the
cells;
          (vii) "DNA record" means DNA identification
information stored in the state DNA database or CODIS for the
purposes of generating investigative leads or supporting
statistical interpretation of DNA test results. The objective
form of DNA analysis test including numerical representation of
DNA fragment lengths, the digital image of autoradiographs and
discrete allele assignment numbers of a DNA sample, together
with the identity of the submitting agency shall be stored as a
DNA record in the state DNA database;

          (viii) "DNA sample" means a human tissue sample
containing DNA which may include, but is not limited to, blood,
hair and buccal cells;

          (ix)   "FBI" means the federal bureau of investigation;

          (x) "In custody" means imprisoned in the Wyoming
state penitentiary, state penitentiary farms and camps or
Wyoming women's center, committed to the Wyoming boys' school
pursuant to W.S. 7-13-101, or on probation or parole;

          (xi) "State DNA database" means the DNA
identification record system established under this act;

          (xii) "Sexual assault biological evidence" includes
DNA samples and evidence gathered during an examination
conducted under W.S. 6-2-309;

          (xiii)   "This act" means W.S. 7-19-401 through 7-19-
407.
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1999–2021 · leading case: Doles v. State
Doles v. State (1999) wyo · cites it 6× “ISSUES Doles states the issue as: Does compelling appellant to submit to searches to obtain Appellant’s DNA according to Wyo. Stat. §§ 7-19-401 to 7-19-406 violate appellant’s rights to be free from unreasonable searches? The State rephrases the issue as: Does the compelled…”
Eaton v. State (2008) wyo · cites it 2× “Wyo. Stat. Ann. § 7-19-401 , et seq. (Lexis Nexis 2007) (enacted in 1997).”
Frederik Marinus Tombroek v. The State of Wyoming (2021) wyo · cites it 2× “If DNA testing is required to verify the evidence alleged in a petition, the petitioner may seek the testing pursuant to W.S. § 7-19-401 through 7-19-406 in conjunction with the factual innocence petition.”
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