H-0350.3 _______________________________________________
HOUSE BILL 2146
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives Fraser, Vance, Chandler, D. Sommers, Forner, R. King, Winsley, Moyer, Horn, Morton and Hochstatter.
Read first time March 1, 1991. Referred to Committee on Judiciary.
AN ACT Relating to criminal history background checks; and amending RCW 43.43.832.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.43.832 and 1990 c 3 s 1102 are each amended to read as follows:
(1) The legislature finds that businesses and organizations providing services to children, developmentally disabled persons, and vulnerable adults need adequate information to determine which employees or licensees to hire or engage. Therefore, the Washington state patrol criminal identification system may disclose, upon the request of a business or organization as defined in RCW 43.43.830, an applicant's record for:
(a)
Convictions of offenses against children or other persons((,));
(b)
Convictions for crimes relating to financial exploitation, ((but only))
if the victim was a vulnerable adult((,));
(c)
Adjudications of child abuse in a civil action((,));
(d)
The issuance of a protection order against the respondent under chapter
74.34 RCW((,)); and
(e) Disciplinary board final decisions and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary board final decision. When necessary, applicants may be employed on a conditional basis pending completion of such a background investigation.
(2) Any out-of-state applicant who will or may have unsupervised access to children under the age of sixteen shall be fingerprinted for the purpose of obtaining a national criminal history background check. The Washington state patrol shall forward one set of fingerprints to the federal bureau of investigation to obtain a copy of the applicant's national criminal history. The Washington state patrol shall disclose the information obtained from the federal bureau of investigation to the business, organization, or the department of social and health services. The applicant shall pay the fee charged by the federal bureau of investigation for the national criminal history search. When necessary, applicants may be employed on a conditional basis pending completion of the background check.
(3) The legislature also finds that the state board of education may request of the Washington state patrol criminal identification system information regarding a certificate applicant's record for convictions under subsection (1) of this section.
(((3)))
(4) The legislature also finds that law enforcement agencies, the office
of the attorney general, prosecuting authorities, and the department of social
and health services may request this same information to aid in the
investigation and prosecution of child, developmentally disabled person, and
vulnerable adult abuse cases and to protect children and adults from further
incidents of abuse.
(((4)))
(5) The legislature further finds that the department of social and
health services, when considering persons for state positions directly
responsible for the care, supervision, or treatment of children,
developmentally disabled persons, or vulnerable adults or when licensing or
authorizing such persons or agencies pursuant to its authority under chapter
74.15, 18.51, 18.20, or 72.23 RCW, or any later‑enacted statute which
purpose is to license or regulate a facility which handles vulnerable adults,
must consider the information listed in subsections (1) and (2)
of this section. However, when necessary, persons may be employed on a
conditional basis pending completion of the background investigation. The
state personnel board shall adopt rules to accomplish the purposes of this
subsection as it applies to state employees.