Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Judiciary Committee

HB 2410

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.

Title: An act relating to requiring information about certain criminal defendants be included in the felony firearm offense conviction database.

Brief Description: Requiring information about certain criminal defendants be included in the felony firearm offense conviction database.

Sponsors: Representatives Hayes, Orwall, Klippert, Goodman, Griffey, Fitzgibbon, Magendanz, Muri and Ormsby.

Brief Summary of Bill

  • Requires any person convicted of a felony firearm offense to register in the felony firearm offense conviction database of felony firearm offenders, rather than leaving imposition of the registration requirement in the discretion of the convicting court.

Hearing Date: 1/27/16

Staff: Omeara Harrington (786-7136).

Background:

Felony firearm offenders are persons who have been convicted or found not guilty by reason of insanity (NGRI) in this state of various felony firearm offenses. Upon conviction or finding of NGRI of a felony firearm offense, the court must consider whether to impose a requirement that the person register as a felony firearm offender. In exercising its discretion, the court must consider relevant factors including the person's criminal history, whether the person has been previously found NGRI of any offense in any state, and any evidence of the person's propensity for violence that would likely endanger others.

The Washington State Patrol (WSP) is required to maintain the felony firearm offense conviction database of felony firearm offenders. The database is only for law enforcement purposes and is not subject to public disclosure. A person required to register must do so in person with the county sheriff and must renew registration annually. The duty to register continues for four years. Upon expiration of the person's duty to register, the WSP must automatically remove the person's name and information from the registry. A person who has a duty to register and knowingly fails to comply with any of the registration requirements is guilty of a gross misdemeanor.

Summary of Bill:

In every case in which a defendant is convicted of a felony firearm offense or is found NGRI of a felony firearm offense, the court must, rather than may, impose a requirement that the defendant register as a felony firearm offender.

Appropriation: None.

Fiscal Note: Requested on 1/21/16.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.