HOUSE BILL REPORT

2SSB 5073

BYSenate Committee on Ways & Means (originally sponsored by Senators Pullen and Talmadge)

Establishing a central repository for collection and analysis of information on crimes involving bigotry and bias.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (13)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Dellwo, P. King, Locke, Moyer, H. Myers, Patrick, Scott, Tate and Wineberry.

Minority Report:  Do not pass.  (6)

      Signed by Representatives Brough, Hargrove, Inslee, R. Meyers, Schmidt and D. Sommers.

House Staff:Pat Shelledy (786-7149)

AS REPORTED BY COMMITTEE ON JUDICIARY MARCH 30, 1989

BACKGROUND:

Law enforcement agencies collect non-conviction data and criminal history record information data concerning certain crimes.  The collection and dissemination of that material is governed by the Washington State Criminal Records Privacy Act, the Criminal Justice Information Act and certain provisions governing the Washington State Patrol, which administers the other acts.

The sheriffs and police chiefs have received a grant to develop an incident-based reporting program.  The reporting program would have the capacity to develop a procedure for monitoring, recording and classifying information concerning crimes motivated by bias and bigotry.

A person is guilty of malicious harassment if the person, with intent to maliciously harass the victim, due to the victim's race, color, religion, ancestry, national origin, or mental, physical or sensory handicap, injures the victim, damages the victim's property, or places the victim in reasonable fear of harm.  The law enforcement agencies do not have a comprehensive procedure designed to gather information that could assist law enforcement in enforcing the malicious harassment statute and other bias or bigotry motivated crimes.

SUMMARY:

BILL AS AMENDED:  The Washington Association of sheriffs and police chiefs must establish a central repository for the collection and classification of information regarding crimes that violate the malicious harassment law and that are motivated in whole or part by bigotry and bias.  Upon establishing the repository, the association shall develop a procedure to monitor, record, and classify information relating to incidents directed against racial, religious, ethnic groups or handicapped persons.  The association must submit the proposed procedure to the Senate Law and Justice Committee and the House Judiciary Committee for approval by November 1, 1989. The procedure may be established within the incident-based reporting program.

Law enforcement agencies must report monthly to the association all violations of the malicious harassment law. The agency's participation in the incident-based reporting program will satisfy the reporting requirements.

The association must file an annual report with the governor and the Senate Law and Justice Committee and the House of Representatives Judiciary Committee.

The data collected may be disseminated but according to the confidentiality requirements under the Criminal Records Privacy Act, the Criminal Justice Information Act, and all other federal and state confidentiality laws.

The criminal justice training commission shall provide training for law enforcement officers in enforcement of the malicious harassment statute.

The program must be funded by June 30, 1989, or the act shall not take effect.

AMENDED BILL COMPARED TO SECOND SUBSTITUTE:  Additional references to crimes committed in violation of the malicious harassment statute are added to narrow the focus of the reporting system to those crimes.  The date of November 1, 1989 is set for reporting to the legislature for approval of the procedure.  The dissemination of information collection is restricted to comply with the confidentiality laws.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Deni Yamauchi, Center for Democratic Renewal; Bradley Alan Rund, Anti-Defamation League; Bobbe Bridge, Washington Privacy Lobby; and Mert Obert, Washington Association of Sheriffs and Police Chiefs.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Collection of data on crimes motivated by bigotry and bias will assist law enforcement in combatting a rising problem.  Crimes against homosexuals should be added to the categories.

House Committee - Testimony Against:      None Presented.