BP BHEAD INT S

AN ACT Relating to participating in the bail bond business; amending RCW 9.96A.020; adding a new section to chapter 18.185 RCW; and prescribing penalties.

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

Sec. 1. RCW 9.96A.020 and 1993 c 71 s 1 are each amended to read as follows:

(1) Subject to the exceptions in subsections (3) ((~~and (4)~~)) through (5) of this section, and unless there is another provision of law to the contrary, a person is not disqualified from employment by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations, nor is a person disqualified to practice, pursue or engage in any occupation, trade, vocation, or business for which a license, permit, certificate or registration is required to be issued by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations solely because of a prior conviction of a felony. However, this section does not preclude the fact of any prior conviction of a crime from being considered.

(2) A person may be denied employment by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations, or a person may be denied a license, permit, certificate or registration to pursue, practice or engage in an occupation, trade, vocation, or business by reason of the prior conviction of a felony if the felony for which he or she was convicted directly relates to the position of employment sought or to the specific occupation, trade, vocation, or business for which the license, permit, certificate or registration is sought, and the time elapsed since the conviction is less than ten years.

(3) A person is disqualified for any certificate required or authorized under chapters 28A.405 or 28A.410 RCW, because of a prior guilty plea or the conviction of a felony involving sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, or a violation of similar laws of another jurisdiction, even if the time elapsed since the guilty plea or conviction is ten years or more.

(4) A person is disqualified from employment by school districts, educational service districts, and their contractors hiring employees who will have regularly scheduled unsupervised access to children, because of a prior guilty plea or conviction of a felony involving sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, or a violation of similar laws of another jurisdiction, even if the time elapsed since the guilty plea or conviction is ten years or more.

(5) A person is disqualified for a license required under chapter 18.185 RCW for any felony conviction or guilty pleading as set forth in section 2 of this act.

(6)(a) Subsections (3) and (4) of this section only apply to a person applying for a certificate or for employment on or after July 25, 1993.

(b) Subsection (5) of this section applies to any person who applies for a license as a bail bond agent or for a license to manage or operate a bail bond agency on or after the effective date of this act.

NEW SECTION. Sec. 2. A new section is added to chapter 18.185 RCW to read as follows:

(1) A person who has been convicted of or who has pleaded guilty to a felony under the law of any state, territory, or country, or has pleaded guilty to a crime, which would constitute a felony under the laws of this state, may not participate as a director, officer, manager, or employee of any bail bond agency or office thereof or act as a bail bond agent or exercise direct or indirect control in any manner in such agency, or as an officer own shares in any closely held corporation which has any interest in any bail bond business, unless such conviction or plea of guilty occurred more than ten years prior to the date of such participation.

(2) Any person who violates the provisions of subsection (1) of this section or any person who knowingly permits a person who has been convicted of or who has pleaded guilty to a felony under subsection (1) of this section to engage in the bail bond business commits a class C felony, punishable as provided in RCW 9A.20.020.