SSB 6144 -
By Committee on Criminal Justice & Corrections
ADOPTED 03/01/2006
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
Sec. 2 RCW 9A.44.130 and 2005 c 380 s 1 are each amended to read
as follows:
(1)(a) Any adult or juvenile residing whether or not the person has
a fixed residence, or who is a student, is employed, or carries on a
vocation in this state who has been found to have committed or has been
convicted of any sex offense or kidnapping offense, or who has been
found not guilty by reason of insanity under chapter 10.77 RCW of
committing any sex offense or kidnapping offense, shall register with
the county sheriff for the county of the person's residence, or if the
person is not a resident of Washington, the county of the person's
school, or place of employment or vocation, or as otherwise specified
in this section. Where a person required to register under this
section is in custody of the state department of corrections, the state
department of social and health services, a local division of youth
services, or a local jail or juvenile detention facility as a result of
a sex offense or kidnapping offense, the person shall also register at
the time of release from custody with an official designated by the
agency that has jurisdiction over the person.
(b) Any adult or juvenile who is required to register under (a) of
this subsection:
(i) Who is attending, or planning to attend, a public or private
school regulated under Title 28A RCW or chapter 72.40 RCW shall, within
ten days of enrolling or prior to arriving at the school to attend
classes, whichever is earlier, notify the sheriff for the county of the
person's residence of the person's intent to attend the school, and the
sheriff shall promptly notify the principal of the school;
(ii) Who is admitted to a public or private institution of higher
education shall, within ten days of enrolling or by the first business
day after arriving at the institution, whichever is earlier, notify the
sheriff for the county of the person's residence of the person's intent
to attend the institution;
(iii) Who gains employment at a public or private institution of
higher education shall, within ten days of accepting employment or by
the first business day after commencing work at the institution,
whichever is earlier, notify the sheriff for the county of the person's
residence of the person's employment by the institution; or
(iv) Whose enrollment or employment at a public or private
institution of higher education is terminated shall, within ten days of
such termination, notify the sheriff for the county of the person's
residence of the person's termination of enrollment or employment at
the institution.
(c) Persons required to register under this section who are
enrolled in a public or private institution of higher education on June
11, 1998, or a public or private school regulated under Title 28A RCW
or chapter 72.40 RCW on September 1, 2006, must notify the county
sheriff immediately.
(d) The sheriff shall notify the school's principal or
institution's department of public safety and shall provide that
department with the same information provided to a county sheriff under
subsection (3) of this section.
(e)(i) A principal receiving notice under this subsection must
disclose the information received from the sheriff under (b) of this
subsection as follows:
(A) If the student who is required to register as a sex offender is
classified as a risk level II or III, the principal shall provide the
information received to every teacher of any student required to
register under (a) of this subsection and to any other personnel who,
in the judgment of the principal, supervises the student or for
security purposes should be aware of the student's record;
(B) If the student who is required to register as a sex offender is
classified as a risk level I, the principal shall provide the
information received only to personnel who, in the judgment of the
principal, for security purposes should be aware of the student's
record.
(ii) Any information received by a principal or school personnel
under this subsection is confidential and may not be further
disseminated except as provided in RCW 28A.225.330, other statutes or
case law, and the family and educational and privacy rights act of
1994, 20 U.S.C. Sec. 1232g et seq.
(2) This section may not be construed to confer any powers pursuant
to RCW ((4.24.500)) 4.24.550 upon the public safety department of any
public or private school or institution of higher education.
(3)(a) The person shall provide the following information when
registering: (i) Name; (ii) address; (iii) date and place of birth;
(iv) place of employment; (v) crime for which convicted; (vi) date and
place of conviction; (vii) aliases used; (viii) social security number;
(ix) photograph; and (x) fingerprints.
(b) Any person who lacks a fixed residence shall provide the
following information when registering: (i) Name; (ii) date and place
of birth; (iii) place of employment; (iv) crime for which convicted;
(v) date and place of conviction; (vi) aliases used; (vii) social
security number; (viii) photograph; (ix) fingerprints; and (x) where he
or she plans to stay.
(4)(a) Offenders shall register with the county sheriff within the
following deadlines. For purposes of this section the term
"conviction" refers to adult convictions and juvenile adjudications for
sex offenses or kidnapping offenses:
(i) OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex
offense on, before, or after February 28, 1990, and who, on or after
July 28, 1991, are in custody, as a result of that offense, of the
state department of corrections, the state department of social and
health services, a local division of youth services, or a local jail or
juvenile detention facility, and (B) kidnapping offenders who on or
after July 27, 1997, are in custody of the state department of
corrections, the state department of social and health services, a
local division of youth services, or a local jail or juvenile detention
facility, must register at the time of release from custody with an
official designated by the agency that has jurisdiction over the
offender. The agency shall within three days forward the registration
information to the county sheriff for the county of the offender's
anticipated residence. The offender must also register within twenty-four hours from the time of release with the county sheriff for the
county of the person's residence, or if the person is not a resident of
Washington, the county of the person's school, or place of employment
or vocation. The agency that has jurisdiction over the offender shall
provide notice to the offender of the duty to register. Failure to
register at the time of release and within twenty-four hours of release
constitutes a violation of this section and is punishable as provided
in subsection (10) of this section.
When the agency with jurisdiction intends to release an offender
with a duty to register under this section, and the agency has
knowledge that the offender is eligible for developmental disability
services from the department of social and health services, the agency
shall notify the division of developmental disabilities of the release.
Notice shall occur not more than thirty days before the offender is to
be released. The agency and the division shall assist the offender in
meeting the initial registration requirement under this section.
Failure to provide such assistance shall not constitute a defense for
any violation of this section.
(ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL
JURISDICTION. Sex offenders who, on July 28, 1991, are not in custody
but are under the jurisdiction of the indeterminate sentence review
board or under the department of corrections' active supervision, as
defined by the department of corrections, the state department of
social and health services, or a local division of youth services, for
sex offenses committed before, on, or after February 28, 1990, must
register within ten days of July 28, 1991. Kidnapping offenders who,
on July 27, 1997, are not in custody but are under the jurisdiction of
the indeterminate sentence review board or under the department of
corrections' active supervision, as defined by the department of
corrections, the state department of social and health services, or a
local division of youth services, for kidnapping offenses committed
before, on, or after July 27, 1997, must register within ten days of
July 27, 1997. A change in supervision status of a sex offender who
was required to register under this subsection (4)(a)(ii) as of July
28, 1991, or a kidnapping offender required to register as of July 27,
1997, shall not relieve the offender of the duty to register or to
reregister following a change in residence. The obligation to register
shall only cease pursuant to RCW 9A.44.140.
(iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on
or after July 23, 1995, and kidnapping offenders who, on or after July
27, 1997, as a result of that offense are in the custody of the United
States bureau of prisons or other federal or military correctional
agency for sex offenses committed before, on, or after February 28,
1990, or kidnapping offenses committed on, before, or after July 27,
1997, must register within twenty-four hours from the time of release
with the county sheriff for the county of the person's residence, or if
the person is not a resident of Washington, the county of the person's
school, or place of employment or vocation. Sex offenders who, on July
23, 1995, are not in custody but are under the jurisdiction of the
United States bureau of prisons, United States courts, United States
parole commission, or military parole board for sex offenses committed
before, on, or after February 28, 1990, must register within ten days
of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not
in custody but are under the jurisdiction of the United States bureau
of prisons, United States courts, United States parole commission, or
military parole board for kidnapping offenses committed before, on, or
after July 27, 1997, must register within ten days of July 27, 1997.
A change in supervision status of a sex offender who was required to
register under this subsection (4)(a)(iii) as of July 23, 1995, or a
kidnapping offender required to register as of July 27, 1997 shall not
relieve the offender of the duty to register or to reregister following
a change in residence, or if the person is not a resident of
Washington, the county of the person's school, or place of employment
or vocation. The obligation to register shall only cease pursuant to
RCW 9A.44.140.
(iv) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders
who are convicted of a sex offense on or after July 28, 1991, for a sex
offense that was committed on or after February 28, 1990, and
kidnapping offenders who are convicted on or after July 27, 1997, for
a kidnapping offense that was committed on or after July 27, 1997, but
who are not sentenced to serve a term of confinement immediately upon
sentencing, shall report to the county sheriff to register immediately
upon completion of being sentenced.
(v) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON
RESIDENTS. Sex offenders and kidnapping offenders who move to
Washington state from another state or a foreign country that are not
under the jurisdiction of the state department of corrections, the
indeterminate sentence review board, or the state department of social
and health services at the time of moving to Washington, must register
within ((thirty)) three business days of establishing residence or
reestablishing residence if the person is a former Washington resident.
The duty to register under this subsection applies to sex offenders
convicted under the laws of another state or a foreign country, federal
or military statutes for offenses committed before, on, or after
February 28, 1990, or Washington state for offenses committed before,
on, or after February 28, 1990, and to kidnapping offenders convicted
under the laws of another state or a foreign country, federal or
military statutes, or Washington state for offenses committed before,
on, or after July 27, 1997. Sex offenders and kidnapping offenders
from other states or a foreign country who, when they move to
Washington, are under the jurisdiction of the department of
corrections, the indeterminate sentence review board, or the department
of social and health services must register within twenty-four hours of
moving to Washington. The agency that has jurisdiction over the
offender shall notify the offender of the registration requirements
before the offender moves to Washington.
When an offender registers under this subsection (4)(a)(v), the
county sheriff shall provide written notice to the offender that he or
she is subject to Washington law for any new felony he or she commits
within the state. The county sheriff shall require that the offender
sign the notice and shall retain the signed copy of the notice as
verification that the offender has received it. The county sheriff
shall give a copy of the signed notice to the offender for his or her
retention. The fact that an offender has or has not received the
notice required under this subsection does not prohibit, or in any way
limit, the ability of Washington or any other jurisdiction to prosecute
the offender for any crimes committed in this state. The notice must
be in at least ten point type and must be in substantially the
following form:AS A NEW OR RETURNING RESIDENT OF WASHINGTON STATE, YOU ARE
SUBJECT TO WASHINGTON LAW FOR ANY NEW FELONY YOU COMMIT WITHIN
THE STATE. ANY PRIOR CONVICTIONS YOU HAVE FROM OTHER
JURISDICTIONS MAY AFFECT THE MANNER IN WHICH YOU ARE SENTENCED
IN WASHINGTON. FOR EXAMPLE, YOUR SENTENCE FOR A NEW FELONY
COMMITTED IN WASHINGTON COULD BE LIFE WITHOUT THE POSSIBILITY
OF PAROLE IF YOUR CRIMINAL HISTORY INCLUDES A CONVICTION FROM
WASHINGTON OR ANY OTHER JURISDICTION THAT WOULD BE CONSIDERED
A "STRIKE" UNDER WASHINGTON'S PERSISTENT OFFENDER LAW. A LIST
OF STRIKE OFFENSES MAY BE FOUND IN THE DEFINITION OF
"PERSISTENT OFFENDER" IN RCW 9.94A.030.
SIGNATURE:
(vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult
or juvenile who has been found not guilty by reason of insanity under
chapter 10.77 RCW of (A) committing a sex offense on, before, or after
February 28, 1990, and who, on or after July 23, 1995, is in custody,
as a result of that finding, of the state department of social and
health services, or (B) committing a kidnapping offense on, before, or
after July 27, 1997, and who on or after July 27, 1997, is in custody,
as a result of that finding, of the state department of social and
health services, must register within twenty-four hours from the time
of release with the county sheriff for the county of the person's
residence. The state department of social and health services shall
provide notice to the adult or juvenile in its custody of the duty to
register. Any adult or juvenile who has been found not guilty by
reason of insanity of committing a sex offense on, before, or after
February 28, 1990, but who was released before July 23, 1995, or any
adult or juvenile who has been found not guilty by reason of insanity
of committing a kidnapping offense but who was released before July 27,
1997, shall be required to register within twenty-four hours of
receiving notice of this registration requirement. The state
department of social and health services shall make reasonable attempts
within available resources to notify sex offenders who were released
before July 23, 1995, and kidnapping offenders who were released before
July 27, 1997. Failure to register within twenty-four hours of
release, or of receiving notice, constitutes a violation of this
section and is punishable as provided in subsection (10) of this
section.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks
a fixed residence and leaves the county in which he or she is
registered and enters and remains within a new county for twenty-four
hours is required to register with the county sheriff not more than
twenty-four hours after entering the county and provide the information
required in subsection (3)(b) of this section.
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER
SUPERVISION. Offenders who lack a fixed residence and who are under
the supervision of the department shall register in the county of their
supervision.
(ix) OFFENDERS WHO MOVE TO, WORK, CARRY ON A VOCATION, OR ATTEND
SCHOOL IN ANOTHER STATE. Offenders required to register in Washington,
who move to another state, or who work, carry on a vocation, or attend
school in another state shall register a new address, fingerprints, and
photograph with the new state within ten days after establishing
residence, or after beginning to work, carry on a vocation, or attend
school in the new state. The person must also send written notice
within ten days of moving to the new state or to a foreign country to
the county sheriff with whom the person last registered in Washington
state. The county sheriff shall promptly forward this information to
the Washington state patrol.
(b) Failure to register within the time required under this section
constitutes a per se violation of this section and is punishable as
provided in subsection (10) of this section. The county sheriff shall
not be required to determine whether the person is living within the
county.
(c) An arrest on charges of failure to register, service of an
information, or a complaint for a violation of this section, or
arraignment on charges for a violation of this section, constitutes
actual notice of the duty to register. Any person charged with the
crime of failure to register under this section who asserts as a
defense the lack of notice of the duty to register shall register
immediately following actual notice of the duty through arrest,
service, or arraignment. Failure to register as required under this
subsection (4)(c) constitutes grounds for filing another charge of
failing to register. Registering following arrest, service, or
arraignment on charges shall not relieve the offender from criminal
liability for failure to register prior to the filing of the original
charge.
(d) The deadlines for the duty to register under this section do
not relieve any sex offender of the duty to register under this section
as it existed prior to July 28, 1991.
(5)(a) If any person required to register pursuant to this section
changes his or her residence address within the same county, the person
must send written notice of the change of address to the county sheriff
within seventy-two hours of moving. If any person required to register
pursuant to this section moves to a new county, the person must send
written notice of the change of address at least fourteen days before
moving to the county sheriff in the new county of residence and must
register with that county sheriff within twenty-four hours of moving.
The person must also send written notice within ten days of the change
of address in the new county to the county sheriff with whom the person
last registered. The county sheriff with whom the person last
registered shall promptly forward the information concerning the change
of address to the county sheriff for the county of the person's new
residence. Upon receipt of notice of change of address to a new state,
the county sheriff shall promptly forward the information regarding the
change of address to the agency designated by the new state as the
state's offender registration agency.
(b) It is an affirmative defense to a charge that the person failed
to send a notice at least fourteen days in advance of moving as
required under (a) of this subsection that the person did not know the
location of his or her new residence at least fourteen days before
moving. The defendant must establish the defense by a preponderance of
the evidence and, to prevail on the defense, must also prove by a
preponderance that the defendant sent the required notice within
twenty-four hours of determining the new address.
(6)(a) Any person required to register under this section who lacks
a fixed residence shall provide written notice to the sheriff of the
county where he or she last registered within forty-eight hours
excluding weekends and holidays after ceasing to have a fixed
residence. The notice shall include the information required by
subsection (3)(b) of this section, except the photograph and
fingerprints. The county sheriff may, for reasonable cause, require
the offender to provide a photograph and fingerprints. The sheriff
shall forward this information to the sheriff of the county in which
the person intends to reside, if the person intends to reside in
another county.
(b) A person who lacks a fixed residence must report weekly, in
person, to the sheriff of the county where he or she is registered.
The weekly report shall be on a day specified by the county sheriff's
office, and shall occur during normal business hours. The county
sheriff's office may require the person to list the locations where the
person has stayed during the last seven days. The lack of a fixed
residence is a factor that may be considered in determining an
offender's risk level and shall make the offender subject to disclosure
of information to the public at large pursuant to RCW 4.24.550.
(c) If any person required to register pursuant to this section
does not have a fixed residence, it is an affirmative defense to the
charge of failure to register, that he or she provided written notice
to the sheriff of the county where he or she last registered within
forty-eight hours excluding weekends and holidays after ceasing to have
a fixed residence and has subsequently complied with the requirements
of subsections (4)(a)(vii) or (viii) and (6) of this section. To
prevail, the person must prove the defense by a preponderance of the
evidence.
(7) A sex offender subject to registration requirements under this
section who applies to change his or her name under RCW 4.24.130 or any
other law shall submit a copy of the application to the county sheriff
of the county of the person's residence and to the state patrol not
fewer than five days before the entry of an order granting the name
change. No sex offender under the requirement to register under this
section at the time of application shall be granted an order changing
his or her name if the court finds that doing so will interfere with
legitimate law enforcement interests, except that no order shall be
denied when the name change is requested for religious or legitimate
cultural reasons or in recognition of marriage or dissolution of
marriage. A sex offender under the requirement to register under this
section who receives an order changing his or her name shall submit a
copy of the order to the county sheriff of the county of the person's
residence and to the state patrol within five days of the entry of the
order.
(8) The county sheriff shall obtain a photograph of the individual
and shall obtain a copy of the individual's fingerprints.
(9) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540,
70.48.470, and 72.09.330:
(a) "Sex offense" means:
(i) Any offense defined as a sex offense by RCW 9.94A.030;
(ii) Any violation under RCW 9A.44.096 (sexual misconduct with a
minor in the second degree);
(iii) Any violation under RCW 9.68A.090 (communication with a minor
for immoral purposes);
(iv) Any federal or out-of-state conviction for an offense that
under the laws of this state would be classified as a sex offense under
this subsection; and
(v) Any gross misdemeanor that is, under chapter 9A.28 RCW, a
criminal attempt, criminal solicitation, or criminal conspiracy to
commit an offense that is classified as a sex offense under RCW
9.94A.030 or this subsection.
(b) "Kidnapping offense" means: (i) The crimes of kidnapping in
the first degree, kidnapping in the second degree, and unlawful
imprisonment, as defined in chapter 9A.40 RCW, where the victim is a
minor and the offender is not the minor's parent; (ii) any offense that
is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation,
or criminal conspiracy to commit an offense that is classified as a
kidnapping offense under this subsection (9)(b); and (iii) any federal
or out-of-state conviction for an offense that under the laws of this
state would be classified as a kidnapping offense under this subsection
(9)(b).
(c) "Employed" or "carries on a vocation" means employment that is
full-time or part-time for a period of time exceeding fourteen days, or
for an aggregate period of time exceeding thirty days during any
calendar year. A person is employed or carries on a vocation whether
the person's employment is financially compensated, volunteered, or for
the purpose of government or educational benefit.
(d) "Student" means a person who is enrolled, on a full-time or
part-time basis, in any public or private educational institution. An
educational institution includes any secondary school, trade or
professional institution, or institution of higher education.
(10)(a) A person who knowingly fails to register with the county
sheriff or notify the county sheriff, or who changes his or her name
without notifying the county sheriff and the state patrol, as required
by this section is guilty of a class C felony if the crime for which
the individual was convicted was a felony sex offense as defined in
subsection (9)(a) of this section or a federal or out-of-state
conviction for an offense that under the laws of this state would be a
felony sex offense as defined in subsection (9)(a) of this section.
(b) If the crime for which the individual was convicted was other
than a felony or a federal or out-of-state conviction for an offense
that under the laws of this state would be other than a felony,
violation of this section is a gross misdemeanor.
(11)(a) A person who knowingly fails to register or who moves
within the state without notifying the county sheriff as required by
this section is guilty of a class C felony if the crime for which the
individual was convicted was a felony kidnapping offense as defined in
subsection (9)(b) of this section or a federal or out-of-state
conviction for an offense that under the laws of this state would be a
felony kidnapping offense as defined in subsection (9)(b) of this
section.
(b) If the crime for which the individual was convicted was other
than a felony or a federal or out-of-state conviction for an offense
that under the laws of this state would be other than a felony,
violation of this section is a gross misdemeanor.
(12) Except as may otherwise be provided by law, nothing in this
section shall impose any liability upon a peace officer, including a
county sheriff, or law enforcement agency, for failing to release
information authorized under this section.
NEW SECTION. Sec. 3 This act takes effect September 1, 2006."