HOUSE BILL REPORT

SHB 1065

BYHouse Committee on Ways & Means/Appropriations (originally sponsored by Representatives Locke, Madsen, Ballard, Dellwo, McMullen, Silver, Braddock, Nealey, Armstrong, B. Williams, H. Sommers, McLean, Peery, Belcher, Hine, Grant, Walk, Day, Patrick, Niemi, Holland, Miller, May, Kremen, R. King, Fuhrman, Betrozoff and Jesernig)

Providing for the establishment of an automatic fingerprint identification system.

House Committe on Ways & Means/Appropriations

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (23)

      Signed by Representatives Locke, Chair; Allen, Belcher, Braddock, Brekke, Bristow, Ebersole, Fuhrman, Grant, Grimm, Hine, Holland, McLean, McMullen, Nealey, Niemi, Peery, Sayan, Silver, L. Smith, H. Sommers, Sprenkle and B. Williams.

House Staff:Randy Acker (786-7153)

AS PASSED HOUSE MARCH 19, 1987

BACKGROUND:

The Washington State Patrol Identification and Criminal History Section (WASIS) is the state repository for criminal records.  WASIS is currently based on a series of special programs run on IBM and TRANS-A-FILE (TAF) computers.  The TAF computer cannot handle recent workload increases and is rapidly approaching the end of its useful life.  It has already twice outlived its life expectancy.  The State Patrol has requested a new computer system to replace the failing TAF computer.

The State Patrol currently uses a manual fingerprint classification and search method.  This method is labor intensive and subject to frequent error.  The method is only useful to compare crime scene fingerprints (referred to as latent fingerprints) with fingerprints of possible suspects.  Until a suspect has been identified, latent fingerprints are virtually useless because there is no efficient way of checking fingerprints on file with those found at a crime scene.

Automated fingerprint identification systems (AFIS) are available that store fingerprint information and can compare a latent fingerprint from a crime scene to those fingerprints on file. Unlike the manual system currently in use, AFIS can produce a list of possible suspects based on latent fingerprints.  AFIS can also be used to obtain background information on criminal suspects, criminals awaiting sentencing, and others who are required to have criminal background investigations.

In 1986 the legislature appropriated $25,000 to the State Patrol and authorized the Patrol to develop a plan for, and implement, an AFIS.  The Patrol was required to procure the most efficient system available.  Following an extensive Request For Proposal (RFP) process, which included performance testing of systems, the AFIS manufactured by NEC Corporation was selected by the Patrol. NEC systems are currently in use in California, San Francisco, Los Angeles, and Alaska, among others.

The City of Tacoma and Pierce County have purchased an AFIS from Morpho Inc.  King County voters approved the purchase of an AFIS in the November 1986 election and the King County Council recently voted to purchase the AFIS from NEC.

Washington State is eligible to receive $849,000 from the Criminal Justice Block Grant program of the federal Bureau of Justice Assistance.  $479,000 of this grant is to go to local governments. Local governments have waived their right to this money in order that it be used to purchase an AFIS.  The Department of Community Development is responsible for administering the grant.

Local law enforcement agencies are required to photograph and fingerprint all persons, except juveniles, arrested for felonies and gross misdemeanors.  Fingerprints are to be furnished to the State Patrol.  Juveniles may only be photographed and fingerprinted with consent of the juvenile court, except that a law enforcement agency may fingerprint and photograph a juvenile arrested for a felony.  If the arrest is found to be unlawful the prints and photograph are removed from the record.

SUMMARY:

$5,451,000 is appropriated from the General Fund-State to the Washington State Patrol (WSP) to establish and operate an automated fingerprint identification system (AFIS), including remote tenprint and latent input systems, and remote terminals.  The general fund appropriation is reduced by the amount of any grants from the Federal Bureau of Justice Assistance.

WSP is to develop rules and criteria to determine which local jurisdictions are eligible to receive remote systems or terminals.  One remote system is to be located in eastern Washington and one in western Washington, provided that the local jurisdiction in western Washington pays 30 percent of the system's purchase cost.  At least 12 remote terminals are to be located throughout the state.

Recipients of remote systems or terminals must pay all personnel, operating, installation, and maintenance costs associated with the terminals and systems, including the costs of transmitting data to the system.  Recipients must also make the terminal or system available to other local law enforcement agencies.

No local law enforcement agency may establish or operate an AFIS if it is not compatible with the state system.  Counties or local agencies that signed a contract to purchase an AFIS before January 1, 1987 are exempt from this requirement.  The state patrol is required to charge exempted local jurisdictions for the costs of processing latent fingerprints submitted by these jurisdictions to the patrol.

Fingerprints of license applicants required pursuant to state law are to be submitted to the State Patrol.  The state patrol may charge local agencies a fee that covers the costs of processing fingerprints taken for license applications or other noncriminal purposes.  Fingerprints of juveniles arrested for felonies and gross misdemeanors are also to be submitted to the State Patrol.  The state patrol is authorized to keep fingerprints and other identifying information about juvenile offenders whose records are otherwise sealed or destroyed by court order or agency action.

EFFECT OF SENATE AMENDMENT(S):  The requirement that license applicant fingerprints required pursuant to state law be submitted to the Washington State Patrol and entered into AFIS is removed.

Fiscal Note:      Requested February 24, 1987.

House Committee ‑ Testified For:    George Tellevik, Chief, Washington State Patrol; Seth Dawson, Snohomish County Prosecuting Attorney; Joe Matthews, Port Orchard Police Chief; Pat Jones, Kitsap County Sheriff; Felix Ramon, Grant County Sheriff; Larry Erickson, Washington Association of Sheriffs and Police Chiefs; Johnny Johnston, Washington Association of Sheriffs and Police Chiefs; William Logan, Lewis County Sheriff.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The automated fingerprint identification system is the single most important technological advance in law enforcement in the last ten years.  AFIS will make it possible to generate a list of suspects based on fingerprints left at a crime, something which cannot be done currently.  As a result AFIS can help stop serial crimes, such as burglary and rape, by identifying suspects before they commit additional crimes.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 96; Nays 0; Absent 0; Excused 2

Excused:    Representatives Moyer and Pruitt