SENATE BILL REPORT

HB 1912

BYRepresentatives Bowman, Patrick, Brumsickle, Belcher, Padden, Tate, Walker, Wolfe, Silver, Fraser, Van Luven, Schmidt, Moyer, Brough, Betrozoff, Locke, Brooks, Vekich, Appelwick, Wood, Youngsman, McLean, Baugher, D. Sommers, Scott, Holland, Horn, Winsley, Dorn, Doty and Rasmussen

Authorizing a juvenile court administrator to fingerprint juvenile offenders under certain conditions.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):March 20, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Joyce Ansley (786-7418)

                  March 20, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 20, 1989

BACKGROUND:

This bill stems from a problem encountered in Lewis County in expeditiously obtaining the fingerprints of juveniles brought into juvenile detention.  As part of the Criminal Justice Information Act (RCW 10.98), it is the duty of the chief law enforcement officer or the local director of corrections to send to the State Patrol, within 72 hours from the time of arrest, the fingerprints and other identifying data on persons arrested, fingerprinted and photographed.  At the arraignment or preliminary hearing of a felony case, the judge must make sure that the defendant has been fingerprinted and that an arrest and fingerprint form has been sent to the State Patrol.

Presently, the chief law enforcement officer of the jurisdiction or the local director of corrections is directed by statute to initiate an arrest and fingerprint form if the felony defendant's fingerprints have not been taken.  The juvenile court administrator is allowed to initiate the arrest and fingerprint form in the case of a juvenile felony defendant.  It is the duty of chief law enforcement officers to have all adults and juveniles arrested for felony or gross misdemeanor offenses photographed and fingerprinted.

SUMMARY:

Existing procedures are modified where a felony defendant has not been fingerprinted at the time of his or her arraignment or preliminary hearing.  When juveniles are brought directly to a juvenile detention facility, a juvenile court administrator is authorized to have a juvenile photographed, and fingerprinted, and to transmit this information to the appropriate law enforcement agency.

A technical correction is made to a reference to the Administrative Procedure Act.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Representative Rose Bowman (pro); Jim Goche (pro); Ralph Mackey, Snohomish County (pro); Bob Bore (pro)