AN ACT
Relating to dissemination of criminal history information; and amending RCW
43.43.815 and 43.43.839.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.43.815 and 1982 c 202 s 1 are each amended to read as follows:
(1)
Notwithstanding any provision of RCW 43.43.700 through 43.43.810 to the
contrary, the Washington state patrol shall furnish a ((transcript of the))
conviction record, as defined in RCW 10.97.030, pertaining to any person of
whom the Washington state patrol has a record upon the written or electronic
request of any employer for the purpose of:
(a)
Securing a bond required for any employment;
(b)
Conducting preemployment and postemployment evaluations of employees and
prospective employees who, in the course of employment, may have access to
information affecting national security, trade secrets, confidential or
proprietary business information, money, or items of value; or
(c)
Assisting an investigation of suspected employee misconduct where such
misconduct may also constitute a penal offense under the laws of the United
States or any state.
(2)
When an employer has received a conviction record under subsection (1) of this
section, the employer shall notify the subject of the record of such receipt
within thirty days after receipt of the record, or upon completion of an
investigation under subsection (1)(c) of this section. The employer shall make
the record available for examination by its subject and shall notify the
subject of such availability.
(3)
The Washington state patrol shall charge fees for disseminating records
pursuant to this section which will cover, as nearly as practicable, the direct
and indirect costs to the Washington state patrol of disseminating such
records.
(4)
Information disseminated pursuant to this section or RCW 43.43.760 shall be
available only to persons involved in the hiring, background investigation, or
job assignment of the person whose record is disseminated and shall be used
only as necessary for those purposes enumerated in subsection (1) of this
section.
(5) Any
person may maintain an action to enjoin a continuance of any act or acts in
violation of any of the provisions of this section, and if injured thereby, for
the recovery of damages and for the recovery of reasonable attorneys' fees.
If, in such action, the court finds that the defendant is violating or has
violated any of the provisions of this section, it shall enjoin the defendant
from a continuance thereof, and it shall not be necessary that actual damages
to the plaintiff be alleged or proved. In addition to such injunctive relief,
the plaintiff in the action is entitled to recover from the defendant the
amount of the actual damages, if any, sustained by him if actual damages to the
plaintiff are alleged and proved. In any suit brought to enjoin a violation of
this chapter, the prevailing party may be awarded reasonable attorneys' fees,
including fees incurred upon appeal. Commencement, pendency, or conclusion of
a civil action for injunction or damages shall not affect the liability of a
person or agency to criminal prosecution for a violation of chapter 10.97 RCW.
(6)
Neither the section, its employees, nor any other agency or employee of the
state is liable for defamation, invasion of privacy, negligence, or any other
claim in connection with any dissemination of information pursuant to this
section or RCW 43.43.760.
(7)
The Washington state patrol may adopt rules and forms to implement this section
and to provide for security and privacy of information disseminated pursuant
hereto, giving first priority to the criminal justice requirements of chapter
43.43 RCW. Such rules may include requirements for users, audits of users, and
other procedures to prevent use of criminal history record information
inconsistent with this section.
(8)
Nothing in this section shall authorize an employer to make an inquiry not
otherwise authorized by law, or be construed to affect the policy of the state
declared in RCW 9.96A.010, encouraging the employment of ex-offenders.
Sec.
2. RCW
43.43.839 and 1992 c 159 s 8 are each amended to read as follows:
The
fingerprint identification account is created in the custody of the state
treasurer. All receipts from incremental charges of fingerprint checks
requested ((by school districts)) for noncriminal justice purposes
and electronic background requests shall be deposited in the account.
Receipts for fingerprint checks by the federal bureau of investigation may also
be deposited in the account. Expenditures from the account may be used only
for the cost of record checks. Only the chief of the state patrol or the
chief's designee may authorize expenditures from the account. The account is
subject to allotment procedures under chapter 43.88 RCW. No appropriation is
required for expenditures prior to July 1, ((1995)) 1997. After
June 30, ((1995)) 1997, the account shall be subject to
appropriation.
