H-4035.1  _______________________________________________

 

                          HOUSE BILL 2919

          _______________________________________________

 

State of Washington      57th Legislature     2002 Regular Session

 

By Representatives Miloscia and McMorris

 

Read first time .  Referred to Committee on .

Concerning the release of certain laboratory records.


    AN ACT Relating to laboratory records; adding a new section to chapter 43.43 RCW; and adding a new section to chapter 68.50 RCW.

 

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

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 43.43 RCW to read as follows:

    Records related to tests performed by the bureau of forensic laboratory services are public records under chapter 42.17 RCW, and must be released unless otherwise exempt.  Requests for records to the bureau of forensic laboratory services under chapter 42.17 RCW for records related to testing performed on deceased individuals in death investigations and on living suspects in impaired driving cases must be made to the agency that submitted the material for analysis.  In those cases where the submitting agency does not have the records available, the submitting agency must instruct the bureau of forensic laboratory services whether to release the records to the requestor.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 68.50 RCW to read as follows:

    Records related to tests performed by the state toxicological laboratory are public records under chapter 42.17 RCW, and must be released unless otherwise exempt.  Requests for records to the state toxicological laboratory under chapter 42.17 RCW for records related to testing performed on deceased individuals in death investigations and on living suspects in impaired driving cases must be made to the agency that submitted the material for analysis.  In those cases where the submitting agency does not have the records available, the submitting agency must instruct the state toxicological laboratory whether to release the records to the requestor.

 


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