BP BHEAD INT S

AN ACT Relating to release to the public of information on sex offenders; amending RCW 4.24.550; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 35.22 RCW; and adding a new section to chapter 36.32 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 4.24.550 and 1990 c 3 s 117 are each amended to read as follows:

(1) Public agencies are authorized to release relevant and necessary information regarding sex offenders to the public when the release of the information is necessary for public protection.

(2) An elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for damages for any discretionary decision to release relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The authorization and immunity in this section applies to information regarding: (a) A person convicted of, or juvenile found to have committed, a sex offense as defined by RCW 9.94A.030; (b) a person found not guilty of a sex offense by reason of insanity under chapter 10.77 RCW; (c) a person found incompetent to stand trial for a sex offense and subsequently committed under chapter 71.05 or 71.34 RCW; (d) a person committed as a sexual psychopath under chapter 71.06 RCW; or (e) a person committed as a sexually violent predator under chapter 71.09 RCW. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public.

(3) Except as otherwise provided by statute, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information as provided in subsection (2) of this section.

(4) When determining whether the release of information is necessary for public protection, the public official, public employee, or public agency may not consider whether the sex offender will be a resident or participant in a state supported or controlled facility or program.

(5) Nothing in this section implies that information regarding persons designated in subsection (2) of this section is confidential except as otherwise provided by statute.

NEW SECTION. Sec. 2. A new section is added to chapter 35.63 RCW to read as follows:

Each municipality that allows the siting or use of sex offender residential facilities in areas designated for residential uses may only allow such siting or use upon the issuance of a conditional use permit. For the purposes of this section, "sex offender residential facility" means any public or private facility receiving state funds that provides a residence for one or more sex offenders who are required to be registered under RCW 9A.44.130, and includes facilities that may otherwise be exempt from local land use laws.

NEW SECTION. Sec. 3. A new section is added to chapter 35A.63 RCW to read as follows:

NEW SECTION. Sec. 4. A new section is added to chapter 36.70 RCW to read as follows:

NEW SECTION. Sec. 5. A new section is added to chapter 35.22 RCW to read as follows:

NEW SECTION. Sec. 6. A new section is added to chapter 36.32 RCW to read as follows: