H-3635.1  _______________________________________________

 

                          HOUSE BILL 2458

          _______________________________________________

 

State of Washington      56th Legislature     2000 Regular Session

 

By Representatives Ballasiotes, Koster, B. Chandler, Cairnes, O'Brien, Bush, Schoesler, Talcott, Pflug, Esser, Benson, Lovick and Mulliken

 

Read first time 01/17/2000.  Referred to Committee on State Government.

Denying prisoners access to public records.


    AN ACT Relating to public records requests from incarcerated individuals; and amending RCW 42.17.270.

 

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

 

    Sec. 1.  RCW 42.17.270 and 1987 c 403 s 4 are each amended to read as follows:

    (1) Except as provided in subsection (2) of this section, public records shall be available for inspection and copying, and agencies shall, upon request for identifiable public records, make them promptly available to any person.  Agencies shall not distinguish among persons requesting records, and such persons shall not be required to provide information as to the purpose for the request except to establish whether inspection and copying would violate RCW 42.17.260(((5))) (9) or other statute which exempts or prohibits disclosure of specific information or records to certain persons.  Agency facilities shall be made available to any person for the copying of public records except when and to the extent that this would unreasonably disrupt the operations of the agency.  Agencies shall honor requests received by mail for identifiable public records unless exempted by provisions of this chapter.

    (2) An agency shall not make public records available to an individual incarcerated in a federal, state, or local correctional facility, including such a facility located outside the state of Washington or operated by a private contractor.  Nothing in this subsection prevents an incarcerated individual from exercising his or her constitutionally protected rights, including the right to obtain exculpatory evidence in a criminal prosecution.

 


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