SSB 5899 -
By Representative O'Brien
ADOPTED 04/13/2005
On page 8, line 6 of the amendment, after "who" strike "has been"
and insert "((has been)) may be"
On page 12, after line 35 of the amendment, insert the following:
"Sec. 9 RCW 10.97.050 and 1990 c 3 s 129 are each amended to read
as follows:
(1) Conviction records may be disseminated without restriction.
(2) Any criminal history record information which pertains to an
incident that occurred within the last twelve months for which a person
is currently being processed by the criminal justice system, including
the entire period of correctional supervision extending through final
discharge from parole, when applicable, may be disseminated without
restriction with the exception of a record being disseminated in
response to a request for a conviction record under RCW 43.43.832. A
request for a conviction record under RCW 43.43.832 shall not contain
information for a person who, within the last twelve months, is
currently being processed by the criminal justice system unless it
pertains to information relating to a crime against a person as defined
in RCW 9.94A.411.
(3) Criminal history record information which includes
nonconviction data may be disseminated by a criminal justice agency to
another criminal justice agency for any purpose associated with the
administration of criminal justice, or in connection with the
employment of the subject of the record by a criminal justice or
juvenile justice agency. A criminal justice agency may respond to any
inquiry from another criminal justice agency without any obligation to
ascertain the purpose for which the information is to be used by the
agency making the inquiry.
(4) Criminal history record information which includes
nonconviction data may be disseminated by a criminal justice agency to
implement a statute, ordinance, executive order, or a court rule,
decision, or order which expressly refers to records of arrest,
charges, or allegations of criminal conduct or other nonconviction data
and authorizes or directs that it be available or accessible for a
specific purpose.
(5) Criminal history record information which includes
nonconviction data may be disseminated to individuals and agencies
pursuant to a contract with a criminal justice agency to provide
services related to the administration of criminal justice. Such
contract must specifically authorize access to criminal history record
information, but need not specifically state that access to
nonconviction data is included. The agreement must limit the use of
the criminal history record information to stated purposes and insure
the confidentiality and security of the information consistent with
state law and any applicable federal statutes and regulations.
(6) Criminal history record information which includes
nonconviction data may be disseminated to individuals and agencies for
the express purpose of research, evaluative, or statistical activities
pursuant to an agreement with a criminal justice agency. Such
agreement must authorize the access to nonconviction data, limit the
use of that information which identifies specific individuals to
research, evaluative, or statistical purposes, and contain provisions
giving notice to the person or organization to which the records are
disseminated that the use of information obtained therefrom and further
dissemination of such information are subject to the provisions of this
chapter and applicable federal statutes and regulations, which shall be
cited with express reference to the penalties provided for a violation
thereof.
(7) Every criminal justice agency that maintains and disseminates
criminal history record information must maintain information
pertaining to every dissemination of criminal history record
information except a dissemination to the effect that the agency has no
record concerning an individual. Information pertaining to
disseminations shall include:
(a) An indication of to whom (agency or person) criminal history
record information was disseminated;
(b) The date on which the information was disseminated;
(c) The individual to whom the information relates; and
(d) A brief description of the information disseminated.
The information pertaining to dissemination required to be
maintained shall be retained for a period of not less than one year.
(8) In addition to the other provisions in this section allowing
dissemination of criminal history record information, RCW 4.24.550
governs dissemination of information concerning offenders who commit
sex offenses as defined by RCW 9.94A.030. Criminal justice agencies,
their employees, and officials shall be immune from civil liability for
dissemination on criminal history record information concerning sex
offenders as provided in RCW 4.24.550.
NEW SECTION. Sec. 10 A new section is added to chapter 43.43 RCW
to read as follows:
When the Washington state patrol disseminates conviction record
information in response to a request under RCW 43.43.832, it shall
clearly state that: (1) The conviction record data does not include
information on civil adjudications, administrative findings, or
disciplinary board final decisions and that all such information must
be obtained from the courts and licensing agencies; (2) the conviction
record that is being disseminated includes information for which a
person is currently being processed by the criminal justice system
relating to only crimes against a person as defined in RCW 9.94A.411
and that it does not include any other current or pending charge
information for which a person could be in the current process of being
processed by the criminal justice system; and (3) an arrest is not a
conviction or a finding of guilt."
Correct the title.
EFFECT: Adds a provision to state that any business or
organization (that provides services to persons with a developmental
disability, vulnerable adults, persons with a mental illness, or
children) who requests a criminal background check on an employee or
volunteer may receive conviction data as well as any current
information relating to pending charges that the person may have so
long as those charges ONLY relate to a "crime against a person." The
WSP shall not provide those organizations with any other criminal
background information relating to pending charges unless the person
has been convicted.
Requires the WSP to put a clear notice on all background check
records that are distributed to such businesses or organizations that
state that the information being provided: (1) Does not include
information on civil adjudications, administrative findings, or
disciplinary board final decisions and that all such information must
be obtained from the courts and licensing agencies; (2) only includes
information on pending charges which involve a "crime against a person"
and does not include any other current or pending charges for which the
person could have been arrested for; and (3) states that an arrest is
not a conviction or a finding of guilt.
Defines "current" information as any data relating to the person
being arrested or currently being processed by the criminal justice
system within the preceding 12 months.