Committee approves presumption limiting unsupervised visitation for parents on sex-offender registry

House Bill 83, a bill to add registered sex-offender status as a factor in child custody and visitation determinations, passed the Judiciary Committee on a voice roll call after the committee approved an amendment inserting the word “rebuttable.”

The bill’s sponsor, Representative Scott Pendergraft, said the change would add to the list of statutory presumptions judges consider when determining the best interest of a child. "This is from page 2, line 13, whether either parent has a condition for which the parent must register as a *** offender under the Wyoming statutes," Pendergraft said while presenting the bill. He described a family case that prompted the measure and said the statute would help judges weigh parental rights against child safety.

The measure creates a presumption that it is not in a child’s best interest to allow unsupervised visitation by a parent required to register as a sex offender; committee members amended the language to make that presumption rebuttable. Representative Chastick moved the addition of the word "rebuttable" to the line describing the presumption; the amendment was seconded and passed. Representative Kelly later moved — and the committee approved — an amendment to make the act effective immediately instead of July 1.

Sarah Applegate, who identified herself as the sponsor’s daughter and a family member affected by the case Pendergraft described, testified in support. "The most pertinent words in this bill to me is the best interest of the child or children," Sarah Applegate said. She described repeated warning signs in her family’s custody process and argued the statutory language would give judges and families tools to put child safety first.

Cara Chambers of the Wyoming Attorney General’s Office, Director of the Division of Victim Services, answered committee questions about whether registry status can be changed or expunged. Chambers said the answer "depends" on the level and severity of the offense: "Some levels cannot. Some can," she said, noting the nuances involve the offense, the victim’s age and the offender’s age.

After discussion and the two adopted amendments (inserting "rebuttable" and making the act effective immediately), the committee called the roll. The recorded ayes were: Representative Bridal; Representative Bratton; Representative Chastick; Representative Feiler; Representative Kelly; Representative Veil; Vice Chair Singh; Representative Webb; and Chairman Washut. The clerk announced "9 ayes" and the committee chair declared House Bill 83 passed out of committee.

The bill text as considered adds the registry-based factor to Wyoming Statute 20-2-201 and references the state’s sex-offender registration statutes cited during the hearing.

Votes at a glance: House Bill 83 — Motion to pass as amended: passed, roll call: 9 ayes, 0 nays. Amendment 1 (insert "rebuttable"): passed. Amendment 2 (effective immediately): passed.

Representative Pendergraft will carry the bill forward as it moves from committee to the floor calendar. The committee did not discuss fiscal impacts during the hearing.