H‑0661.1   _____________________________________________

HOUSE BILL 1086

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representative Mulliken

Read first time 01/16/2001.  Referred to Committee on Children & Family Services.

_1      AN ACT Relating to the consideration of prior felony

_2  convictions in employment and occupational licensing; and amending

_3  RCW 9.96A.020.

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5      Sec. 1.  RCW 9.96A.020 and 1999 c 16 s 1 are each amended to read

_6  as follows:

_7      (1) Subject to the exceptions in subsections (3) and (4) of

_8  this section, and unless there is another provision of law to the

_9  contrary, a person is not disqualified from employment by the

10  state of Washington or any of its counties, cities, towns,

11  municipal corporations, or quasi-municipal corporations, nor is a

12  person disqualified to practice, pursue or engage in any

13  occupation, trade, vocation, or business for which a license,

14  permit, certificate or registration is required to be issued by

15  the state of Washington or any of its counties, cities, towns,

16  municipal corporations, or quasi-municipal corporations solely

17  because of a prior conviction of a felony.  However, this section

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_1  does not preclude the fact of any prior conviction of a crime from

_2  being considered.

_3      (2) A person may be denied employment by the state of

_4  Washington or any of its counties, cities, towns, municipal

_5  corporations, or quasi-municipal corporations, or a person may be

_6  denied a license, permit, certificate or registration to pursue,

_7  practice or engage in an occupation, trade, vocation, or business

_8  by reason of the prior conviction of a felony if the felony for

_9  which he or she was convicted directly relates to the position of

10  employment sought or to the specific occupation, trade, vocation,

11  or business for which the license, permit, certificate or

12  registration is sought, and the time elapsed since the conviction

13  is less than ten years.  However, for positions in the county

14  treasurer's office, a person may be disqualified from employment

15  because of a prior guilty plea or conviction of a felony involving

16  embezzlement or theft, even if the time elapsed since the guilty

17  plea or conviction is ten years or more.

18      (3) A person is disqualified for any certificate required or

19  authorized under chapters 28A.405 or 28A.410 RCW, because of a

20  prior guilty plea or the conviction of a felony involving sexual

21  exploitation of a child under chapter 9.68A RCW, sexual offenses

22  under chapter 9A.44 RCW where a minor is the victim, promoting

23  prostitution of a minor under chapter 9A.88 RCW, or a violation of

24  similar laws of another jurisdiction, even if the time elapsed

25  since the guilty plea or conviction is ten years or more.

26      (4) A person is disqualified from employment by school

27  districts, educational service districts, and the department of

28  social and health services and any of their contractors hiring

29  employees who will have regularly scheduled unsupervised access to

30  children, because of a prior guilty plea or conviction of a felony

31  involving sexual exploitation of a child under chapter 9.68A RCW,

32  sexual offenses under chapter 9A.44 RCW where a minor is the

33  victim, promoting prostitution of a minor under chapter 9A.88 RCW,

34  or a violation of similar laws of another jurisdiction, even if

35  the time elapsed since the guilty plea or conviction is ten years

36  or more.

37      (5) Subsections (3) and (4) of this section only apply to a

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_1  person applying for a certificate or for employment on or after

_2  July 25, 1993.

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