H‑0265.2   _____________________________________________

 

HOUSE BILL 1212

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representative Bush

 

Read first time 01/19/2001.  Referred to Committee on Juvenile Justice.

_1      AN ACT Relating to sealing juvenile records relating to

_2  misdemeanors, diversions, and gross misdemeanors; and amending RCW

_3  13.50.050.

     

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

     

_5      Sec. 1.  RCW 13.50.050 and 1999 c 198 s 4 are each amended to read

_6  as follows:

_7      (1) This section governs records relating to the commission of

_8  juvenile offenses, including records relating to diversions.

_9      (2) The official juvenile court file of any alleged or proven

10  juvenile offender shall be open to public inspection, unless

11  sealed pursuant to subsection (12) of this section.

12      (3) All records other than the official juvenile court file are

13  confidential and may be released only as provided in this section,

14  RCW 13.50.010, 13.40.215, and 4.24.550.

15      (4) Except as otherwise provided in this section and RCW

16  13.50.010, records retained or produced by any juvenile justice or

17  care agency may be released to other participants in the juvenile

18  justice or care system only when an investigation or case

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_1  involving the juvenile in question is being pursued by the other

_2  participant or when that other participant is assigned the

_3  responsibility for supervising the juvenile.

_4      (5) Except as provided in RCW 4.24.550, information not in an

_5  official juvenile court file concerning a juvenile or a juvenile's

_6  family may be released to the public only when that information

_7  could not reasonably be expected to identify the juvenile or the

_8  juvenile's family.

_9      (6) Notwithstanding any other provision of this chapter, the

10  release, to the juvenile or his or her attorney, of law

11  enforcement and prosecuting attorneys' records pertaining to

12  investigation, diversion, and prosecution of juvenile offenses

13  shall be governed by the rules of discovery and other rules of law

14  applicable in adult criminal investigations and prosecutions.

15      (7) Upon the decision to arrest or the arrest, law enforcement

16  and prosecuting attorneys may cooperate with schools in releasing

17  information to a school pertaining to the investigation,

18  diversion, and prosecution of a juvenile attending the school.

19  Upon the decision to arrest or the arrest, incident reports may be

20  released unless releasing the records would jeopardize the

21  investigation or prosecution or endanger witnesses.  If release of

22  incident reports would jeopardize the investigation or prosecution

23  or endanger witnesses, law enforcement and prosecuting attorneys

24  may release information to the maximum extent possible to assist

25  schools in protecting other students, staff, and school property.

26      (8) The juvenile court and the prosecutor may set up and

27  maintain a central record-keeping system which may receive

28  information on all alleged juvenile offenders against whom a

29  complaint has been filed pursuant to RCW 13.40.070 whether or not

30  their cases are currently pending before the court.  The central

31  record-keeping system may be computerized.  If a complaint has been

32  referred to a diversion unit, the diversion unit shall promptly

33  report to the juvenile court or the prosecuting attorney when the

34  juvenile has agreed to diversion.  An offense shall not be reported

35  as criminal history in any central record-keeping system without

36  notification by the diversion unit of the date on which the

37  offender agreed to diversion.

38      (9) Upon request of the victim of a crime or the victim's

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_1  immediate family, the identity of an alleged or proven juvenile

_2  offender alleged or found to have committed a crime against the

_3  victim and the identity of the alleged or proven juvenile

_4  offender's parent, guardian, or custodian and the circumstance of

_5  the alleged or proven crime shall be released to the victim of the

_6  crime or the victim's immediate family.

_7      (10) Subject to the rules of discovery applicable in adult

_8  criminal prosecutions, the juvenile offense records of an adult

_9  criminal defendant or witness in an adult criminal proceeding

10  shall be released upon request to prosecution and defense counsel

11  after a charge has actually been filed.  The juvenile offense

12  records of any adult convicted of a crime and placed under the

13  supervision of the adult corrections system shall be released upon

14  request to the adult corrections system.

15      (11) In any case in which an information has been filed

16  pursuant to RCW 13.40.100 or a complaint has been filed with the

17  prosecutor and referred for diversion pursuant to RCW 13.40.070,

18  the person the subject of the information or complaint may file a

19  motion with the court to have the court vacate its order and

20  findings, if any, and, subject to subsection (23) of this section,

21  order the sealing of the official juvenile court file, the social

22  file, and records of the court and of any other agency in the

23  case.

24      (12) The court shall grant the motion to seal records made

25  pursuant to subsection (11) of this section if it finds that:

26      (a) For class B offenses other than sex offenses, since the

27  last date of release from confinement, including full-time

28  residential treatment, if any, or entry of disposition, the person

29  has spent ten consecutive years in the community without

30  committing any offense or crime that subsequently results in

31  conviction.  For class C offenses other than sex offenses, since the

32  last date of release from confinement, including full-time

33  residential treatment, if any, or entry of disposition, the person

34  has spent five consecutive years in the community without

35  committing any offense or crime that subsequently results in

36  conviction.  For misdemeanors and diversions, since the last date of

37  release from confinement, including full-time residential

38  treatment, if any, or entry of disposition, the person has spent

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_1  two consecutive years in the community without committing any

_2  offense or crime that subsequently results in conviction and the

_3  person is at least eighteen years old.  For gross misdemeanors,

_4  since the last date of release from confinement, including full-

_5  time residential treatment, if any, or entry of disposition, the

_6  person has spent three consecutive years in the community without

_7  committing any offense or crime that subsequently results in

_8  conviction and the person is at least eighteen years old;

_9      (b) No proceeding is pending against the moving party seeking

10  the conviction of a juvenile offense or a criminal offense;

11      (c) No proceeding is pending seeking the formation of a

12  diversion agreement with that person;

13      (d) The person has not been convicted of a class A or sex

14  offense; and

15      (e) Full restitution has been paid.

16      (13) The person making a motion pursuant to subsection (11) of

17  this section shall give reasonable notice of the motion to the

18  prosecution and to any person or agency whose files are sought to

19  be sealed.

20      (14) If the court grants the motion to seal made pursuant to

21  subsection (11) of this section, it shall, subject to subsection

22  (23) of this section, order sealed the official juvenile court

23  file, the social file, and other records relating to the case as

24  are named in the order.  Thereafter, the proceedings in the case

25  shall be treated as if they never occurred, and the subject of the

26  records may reply accordingly to any inquiry about the events,

27  records of which are sealed.  Any agency shall reply to any inquiry

28  concerning confidential or sealed records that records are

29  confidential, and no information can be given about the existence

30  or nonexistence of records concerning an individual.

31      (15) Inspection of the files and records included in the order

32  to seal may thereafter be permitted only by order of the court

33  upon motion made by the person who is the subject of the

34  information or complaint, except as otherwise provided in RCW

35  13.50.010(8) and subsection (23) of this section.

36      (16) Any adjudication of a juvenile offense or a crime

37  subsequent to sealing has the effect of nullifying the sealing

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_1  order.  Any charging of an adult felony subsequent to the sealing

_2  has the effect of nullifying the sealing order for the purposes of

_3  chapter 9.94A RCW.

_4      (17) A person eighteen years of age or older whose criminal

_5  history consists of only one referral for diversion may request

_6  that the court order the records in that case destroyed.  The

_7  request shall be granted, subject to subsection (23) of this

_8  section, if the court finds that two years have elapsed since

_9  completion of the diversion agreement.

10      (18) If the court grants the motion to destroy records made

11  pursuant to subsection (17) of this section, it shall, subject to

12  subsection (23) of this section, order the official juvenile court

13  file, the social file, and any other records named in the order to

14  be destroyed.

15      (19) The person making the motion pursuant to subsection (17)

16  of this section shall give reasonable notice of the motion to the

17  prosecuting attorney and to any agency whose records are sought to

18  be destroyed.

19      (20) Any juvenile to whom the provisions of this section may

20  apply shall be given written notice of his or her rights under

21  this section at the time of his or her disposition hearing or

22  during the diversion process.

23      (21) Nothing in this section may be construed to prevent a

24  crime victim or a member of the victim's family from divulging the

25  identity of the alleged or proven juvenile offender or his or her

26  family when necessary in a civil proceeding.

27      (22) Any juvenile justice or care agency may, subject to the

28  limitations in subsection (23) of this section and (a) and (b) of

29  this subsection, develop procedures for the routine destruction of

30  records relating to juvenile offenses and diversions.

31      (a) Records may be routinely destroyed only when the person the

32  subject of the information or complaint has attained twenty-three

33  years of age or older, or is eighteen years of age or older and

34  his or her criminal history consists entirely of one diversion

35  agreement and two years have passed since completion of the

36  agreement.

37      (b) The court may not routinely destroy the official juvenile

38  court file or recordings or transcripts of any proceedings.

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_1      (23) No identifying information held by the Washington state

_2  patrol in accordance with chapter 43.43 RCW is subject to

_3  destruction or sealing under this section.  For the purposes of this

_4  subsection, identifying information includes photographs,

_5  fingerprints, palmprints, soleprints, toeprints and any other data

_6  that identifies a person by physical characteristics, name,

_7  birthdate or address, but does not include information regarding

_8  criminal activity, arrest, charging, diversion, conviction or

_9  other information about a person's treatment by the criminal

10  justice system or about the person's behavior.

11      (24) Information identifying child victims under age eighteen

12  who are victims of sexual assaults by juvenile offenders is

13  confidential and not subject to release to the press or public

14  without the permission of the child victim or the child's legal

15  guardian.  Identifying information includes the child victim's name,

16  addresses, location, photographs, and in cases in which the child

17  victim is a relative of the alleged perpetrator, identification of

18  the relationship between the child and the alleged

19  perpetrator.  Information identifying a child victim of sexual

20  assault may be released to law enforcement, prosecutors, judges,

21  defense attorneys, or private or governmental agencies that

22  provide services to the child victim of sexual assault.

 

‑‑‑ END ‑‑‑

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