Committee advances bill creating rebuttable presumption against unsupervised visitation by registered sex offenders

The Wyoming Senate Judiciary Committee voted to recommend passage of House Bill 83, which would add a statutory, rebuttable presumption that it is not in the best interest of a child to grant unsupervised visitation to a parent required to register as a sex offender.

Representative Pendergraft, sponsor of the bill, told the committee he introduced the measure following a family case in which his granddaughter was molested by a then‑convicted offender who sought unsupervised visitation. "When considering an order for visitation, there shall be a rebuttable presumption that it is not in the best interest of the child to grant unsupervised visitation to a parent who is required to register as a sex offender," Representative Pendergraft said, summarizing the core statutory change.

Under the bill, the presumption would be added to the state's existing "best interest of the child" factors (statute discussed as 20‑2‑201 in testimony). The sponsor and several senators said the provision is intended to prompt judges to analyze the custody factors with heightened attention where a parent's registration as an offender is at issue; the bill would not make unsupervised visitation impossible, but would shift a threshold for courtroom consideration.

Committee members asked whether the presumption would be retroactive and whether existing judicial tools were sufficient. Representative Pendergraft said he did not believe it should apply retroactively but noted a parent could seek modification of custody if circumstances later changed. Senator Cole and others queried whether judges already have authority under existing best‑interest factors to deny unsupervised visitation; supporters said the explicit presumption provides statutory language judges can cite when they have a "gut hunch" about risk.

Witnesses and committee members discussed how the presumption interacts with custody for offenders whose crimes are against a particular child and whether the change could be extended to custody determinations. Representative Pendergraft said he had consulted multiple judges, including a judge who handled the underlying case, and that "every single judge that I spoke to felt like this was a good place for this."

The committee accepted a motion to move the bill; roll call recorded Senator Crago — aye; Senator Crum — excused; Senator Hicks — absentee aye; Senator Kolb — aye; Chairman Olsen — aye. The clerk announced four ayes when one was excused and the bill was sent forward with a "do pass" recommendation.

The bill, as presented, uses a rebuttable presumption; sponsors said the phrasing was added during House consideration and is intended to clarify that the statutory preference may be overcome with contrary evidence in individual cases.