BP BHEAD INT S [atlas:bill]

AN ACT Relating to public dissemination of information regarding persons convicted of a crime; adding new sections to chapter 72.09 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that the citizens of this state are usually unaware of the presence of criminals, and criminal activity, within their communities and neighborhoods. As a consequence, law-abiding citizens are frequently unable to take effective measures to protect themselves. Criminals have no right to keep their identities hidden from the public, making law-abiding citizens uninformed, unaware, unprotected, and vulnerable to further harm. Far too often, criminals engage in repeat offenses within the very community in which they committed previous offenses and within the very community in which they currently reside. Because of the lack of accessibility to information regarding criminals, and criminal activity, citizens of the state needlessly suffer the many harmful effects of crime, including injury to their person and property, loss of life, financial loss, increased anxiety, and loss of a sense of well‑being.

Simple protective measures by responsible individuals will frequently thwart criminal activity. However, a lack of pertinent knowledge effectively hinders citizens from taking lawful, wise, crime‑preventative actions. The law‑abiding public must have the basic information necessary to protect their lives, their property, and the ability to engage in the pursuit of happiness. The internet is one of the most rapid and effective means of communicating information available today. A large percentage of the population is now online, and it appears likely that the internet will be increasingly utilized as a means of receiving important information. The legislature therefore concludes that it is in the best interest of the public health, safety, and welfare that information regarding criminals and criminal activity should be posted on the internet and thereby made available to the public at large.

NEW SECTION. Sec. 2. The definitions in this section apply throughout section 3 of this act unless the context clearly requires otherwise.

(1) "Conviction" means that the defendant has been found guilty of a felony in any trial court of this state, in any trial court of another state, or in any trial court of the federal government, and is the event that triggers the department's mandate to post the legislatively directed data onto the internet, regardless of whether an appeal may occur.

(2) "Felony" means any offense that carries the possibility of incarceration for a term of over one year.

NEW SECTION. Sec. 3. Regarding a defendant who has been found guilty of a felony in any trial court of this state, the department shall post the information required by this section on the internet within thirty days of conviction, regardless of whether an appeal may occur. Regarding a defendant who has been found guilty of a felony in any trial court of another state or in any trial court of the federal government, the department shall post the information required by this section on the internet, regardless of whether an appeal may occur, within thirty days after the information has been received by the department from the other state or the federal government. The department shall post the following information:

(1) The name of the defendant, and any aliases used by the defendant;

(2) The address of the defendant at the time the defendant was arrested, and the current address of the defendant;

(3) The court before which the defendant was tried, and the name of the presiding judge;

(4) The offense for which the defendant was convicted, and the sentence imposed on the defendant by the trial court;

(5) The defendant's age, height, weight, and other descriptive data, such as a tattoo or other distinguishing marks;

(6) A copy of the defendant's mug shots, and a photograph of the defendant taken at the time of sentencing if not incarcerated, or upon release if incarcerated;

(7) Whether the defendant was incarcerated and for how long, the anticipated release date, the actual release date, and, if the defendant served his or her complete sentence or was released early for any reason and what that reason was; and

(8) A list of all previous felonies for which the defendant has been convicted and the disposition of each conviction.

NEW SECTION. Sec. 4. Sections 2 and 3 of this act are each added to chapter 72.09 RCW.