FINAL BILL REPORT

HB 1238

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 440 L 09

Synopsis as Enacted

Brief Description: Allowing the Washington center for court research and the office of public defense to access juvenile case records.

Sponsors: Representatives Appleton, Goodman and Rodne; by request of Board For Judicial Administration.

House Committee on Judiciary

Senate Committee on Human Services & Corrections

Background:

A court may permit the inspection or release of juvenile court records to an individual or agency engaged in legitimate educational, scientific, or public research.

Juvenile Court Records Retention.

Subject to statutory requirements regarding retention of identifying information, all juvenile court records maintained by any court or law enforcement agency must be automatically destroyed within 90 days of becoming eligible for destruction.

Washington State Office of Public Defense.

The Washington Office of Public Defense (OPD) is required to implement the constitutional and statutory guarantees of counsel and to ensure effective and efficient delivery of state-funded indigent defenses services. By statute, the OPD provides oversight and technical assistance to ensure the effective and efficient delivery of services in the OPD's program areas.

Summary:

Juvenile Court Records Retention.

The Administrative Office of the Courts is permitted to maintain an electronic research copy of all juvenile records in the judicial information system. The research copy is not subject to any records retention schedule and must include records destroyed or removed from the judicial information system. Access to the research copy is available only to the Washington State Center for Court Research (WSCCR). The WSCCR is required to maintain the confidentiality of all confidential records and preserve the anonymity of all persons identified in the research copy.

Washington State Office of Public Defense.

The OPD may access court records needed to implement the OPD's oversight, technical assistance, and other agency functions required by statute. Use of the records is limited to the OPD. The OPD is required to maintain the confidentiality of all confidential information included in the records.

Votes on Final Passage:

House

76

21

Senate

44

1

(Senate amended)

House

(House refuses to concur)

Senate

44

1

(Senate receded)

Effective:

July 26, 2009