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SENATE BILL 5330
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Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 01/19/95.
Referred to Committee on Law & Justice.
Regulating
background checks.
AN ACT Relating to the
release of background information by the state patrol; and amending RCW
43.43.838.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.43.838 and 1992 c
159 s 7 are each amended to read as follows:
(1) After January 1,
1988, and notwithstanding any provision of RCW 43.43.700 through 43.43.810 to
the contrary, the state patrol shall furnish a transcript of the conviction
record, disciplinary board final decision and any subsequent criminal charges
associated with the conduct that is the subject of the disciplinary board final
decision, or civil adjudication record pertaining to any person for whom the
state patrol or the federal bureau of investigation has a record upon the written
request of:
(a) The subject of the
inquiry;
(b) Any business or
organization for the purpose of conducting evaluations under RCW 43.43.832;
(c) The department of
social and health services;
(d) Any law enforcement
agency, prosecuting authority, or the office of the attorney general; or
(e) The department of
social and health services for the purpose of meeting responsibilities set
forth in chapter 74.15, 18.51, 18.20, or 72.23 RCW, or any later-enacted
statute which purpose is to regulate or license a facility which handles
vulnerable adults. However, access to conviction records pursuant to this
subsection (1)(e) does not limit or restrict the ability of the department to
obtain additional information regarding conviction records and pending charges as
set forth in RCW 74.15.030(2)(b).
After processing the
request, if the conviction record, disciplinary board final decision and any
subsequent criminal charges associated with the conduct that is the subject of
the disciplinary board final decision, or adjudication record shows no evidence
of a crime against children or other persons or, in the case of vulnerable
adults, no evidence of crimes relating to financial exploitation in which the
victim was a vulnerable adult, an identification declaring the showing of no
evidence shall be issued to the ((applicant)) business or
organization by the state patrol and shall be issued within fourteen
working days of the request. The business or organization shall provide a
copy of the identification declaring the showing of no evidence to the
applicant. Possession of such identification shall satisfy future record
check requirements for the applicant for a two-year period unless the
prospective employee is any current school district employee who has applied
for a position in another school district.
(2) The state patrol
shall by rule establish fees for disseminating records under this section to
recipients identified in subsection (1)(a) and (b) of this section. The state
patrol shall also by rule establish fees for disseminating records in the
custody of the national crime information center. The revenue from the fees
shall cover, as nearly as practicable, the direct and indirect costs to the
state patrol of disseminating the records: PROVIDED, That no fee shall be
charged to a nonprofit organization for the records check: PROVIDED FURTHER,
That in the case of record checks using fingerprints requested by school
districts and educational service districts, the state patrol shall charge only
for the incremental costs associated with checking fingerprints in addition to
name and date of birth. Record checks requested by school districts and
educational service districts using only name and date of birth shall continue
to be provided free of charge.
(3) No employee of the
state, employee of a business or organization, or the business or organization
is liable for defamation, invasion of privacy, negligence, or any other claim
in connection with any lawful dissemination of information under RCW 43.43.830
through 43.43.840 or 43.43.760.
(4) Before July 26,
1987, the state patrol shall adopt rules and forms to implement this section
and to provide for security and privacy of information disseminated under this
section, giving first priority to the criminal justice requirements of this
chapter. The rules may include requirements for users, audits of users, and
other procedures to prevent use of civil adjudication record information or
criminal history record information inconsistent with this chapter.
(5) Nothing in RCW
43.43.830 through 43.43.840 shall authorize an employer to make an inquiry not
specifically authorized by this chapter, or be construed to affect the policy
of the state declared in chapter 9.96A RCW.
Passed
the Senate March 7, 1995.
Passed
the House April 4, 1995.
Approved by the Governor April 13, 1995.
Filed in Office of Secretary of State April 13, 1995.
