H-0901.1 _______________________________________________
HOUSE BILL 1458
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Representatives Dyer, Ballasiotes, Stevens, D. Schmidt, Sherstad, Huff, Mielke, Johnson, Blanton, Boldt, L. Thomas, Cooke and Thompson
Read first time 01/26/95. Referred to Committee on Law & Justice.
AN ACT Relating to photographing and fingerprinting of lawfully arrested juveniles; and amending RCW 43.43.735.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.43.735 and 1991 c 3 s 297 are each amended to read as follows:
(1) It shall be the
duty of the sheriff or director of public safety of every county, and the chief
of police of every city or town, and of every chief officer of other law
enforcement agencies duly operating within this state, to cause the
photographing and fingerprinting of all adults and juveniles lawfully arrested
for the commission of any criminal offense constituting a felony or gross
misdemeanor. (((a) When such juveniles are brought directly to a juvenile
detention facility, the juvenile court administrator is also authorized, but
not required, to cause the photographing, fingerprinting, and record
transmittal to the appropriate law enforcement agency; and (b) a further)) An
exception may be made when the arrest is for a violation punishable as a gross
misdemeanor and the arrested person is not taken into custody.
(2) It shall be the right, but not the duty, of the sheriff or director of public safety of every county, and the chief of police of every city or town, and every chief officer of other law enforcement agencies operating within this state to photograph and record the fingerprints of all adults and juveniles lawfully arrested, all persons who are the subject of dependency record information, or all persons who are the subject of protection proceeding record information. When lawfully arrested juveniles are brought directly to a juvenile detention facility, the juvenile court administrator is also authorized, but not required, to cause the photographing, fingerprinting, and record transmittal to the appropriate law enforcement agency.
(3) Such sheriffs, directors of public safety, chiefs of police, and other chief law enforcement officers, may record, in addition to photographs and fingerprints, the palmprints, soleprints, toeprints, or any other identification data of all persons whose photograph and fingerprints are required or allowed to be taken under this section, all persons who are the subject of dependency record information, or all persons who are the subject of protection proceeding record information, when in the discretion of such law enforcement officers it is necessary for proper identification of the arrested person or the investigation of the crime with which he is charged.
(4) It shall be the duty of the department of health or the court having jurisdiction over the dependency action and protection proceedings under chapter 74.34 RCW to cause the fingerprinting of all persons who are the subject of a disciplinary board final decision, dependency record information, protection proceeding record information, or to obtain other necessary identifying information, as specified by the section in rules adopted under chapter 34.05 RCW to carry out the provisions of this subsection.
(5) The court having jurisdiction over the dependency or protection proceeding action may obtain and record, in addition to fingerprints, the photographs, palmprints, soleprints, toeprints, or any other identification data of all persons who are the subject of dependency record information or protection proceeding record information, when in the discretion of the court it is necessary for proper identification of the person.
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