SENATE BILL REPORT

SB 5234

BYSenators Pullen, Talmadge, Madsen, Rasmussen, Sutherland and Gaspard; by request of Washington State Patrol

Revising provisions for the criminal identification system.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 12, 1989; February 6, 1989

Majority Report:  That Substitute Senate Bill No. 5234 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Joyce Ansley (786-7418)

                  February 6, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 6, 1989

BACKGROUND:

Concern exists that several provisions in the background check statute need clarification, specifically:  (1) The present definition of "conviction record" is too broad.  It includes records of both convictions and "charges" which conflicts with statutes prohibiting access to records of "charges;" (2) the definition title does not clearly state that the intended focus concerns offenses against children and developmentally disabled; (3) a number of offenses which might be of interest to businesses and organizations requesting information were omitted from the original language; (4) current language does not permit inquiry into later unprofessional conduct charges which might follow disciplinary board final decisions; (5) the processing time limit of fourteen days is too limited as it includes nonworking days; (6) the identification card issued by the State Patrol has no expiration date, meaning that once a person obtains a card, any subsequent conviction of a crime listed under crimes against persons could go undetected by businesses or organizations hiring staff members.

SUMMARY:

(1) The definition of "conviction record" is amended to exclude "charges;" (2) the definition title "Crime Against Persons" is changed to "Crime against children or other persons" to clarify the intended focus on children and the developmentally disabled; (3) the following offenses are added to the existing list of crimes:  child abuse or neglect as defined in RCW 26.44.020; first or second degree custodial interference; malicious harassment; first, second, or third degree child molestation; first or second degree sexual misconduct with a minor; first or second degree rape of a child; patronizing a juvenile prostitute; child abandonment; promoting pornography; selling or distributing erotic material to a minor; custodial assault; violation of child abuse restraining order; child buying or selling; prostitution; or any of these crimes as they may be renamed in the future; (4) the statute is amended to permit inquiry into disciplinary board charges following final decisions of the board; (5) the processing time is increased to fourteen working days; (6) identification cards will expire in two years.

EFFECT OF PROPOSED SUBSTITUTE:

Three additional references to "against persons" are changed to "children or other persons" to clarify the intended focus on children and the developmentally disabled.  A provision permitting the State Patrol to disclose criminal charges which follow Disciplinary Board final decisions is clarified.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested

Senate Committee - Testified: Major Rick Jensen, Washington State Patrol