SENATE BILL REPORT
SHB 1337



As Reported By Senate Committee On:
Human Services & Corrections, March 31, 2005

Title: An act relating to storage of sex offender records.

Brief Description: Regulating storage of sex offender records.

Sponsors: House Committee on Criminal Justice & Corrections (originally sponsored by Representatives O'Brien, Pearson and Darneille).

Brief History: Passed House: 2/28/05, 89-0.

Committee Activity: Human Services & Corrections: 3/17/05, 3/31/05 [DP].


SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Majority Report: Do pass.Signed by Senators Hargrove, Chair; Regala, Vice Chair; Stevens, Ranking Minority Member; Brandland, Carrell, McAuliffe and Thibaudeau.

Staff: Fara Daun (786-7459)

Background: Current law requires that records of investigative reports pertaining to sex offenders and sexually violent offenses that are no longer required in the current operation of the law enforcement agency or for pending judicial proceedings be transferred to the Washington Association of Sheriffs and Police Chiefs (WASPC) for use by criminal justice agencies to determine whether an offender meets the criteria of a sexually violent predator. These records are not public records and are not subject to public disclosure.

Summary of Bill: Any sealed record transferred to WASPC for permanent record must be electronically retained in a way that clearly identifies it as a sealed record. Records transferred to the WASPC may be disseminated to the end of sentence review committee to fulfill its duties. Sealed records are only accessible by criminal justice agencies who would otherwise have access to a sealed paper copy of the document, the end of sentence review committee for the purpose of fulfilling its duty, and the system administrator for the purpose of system adminstration and maintenance.

WASPC may be permitted to destroy both the paper copy and the electronic record of any offender verified as deceased.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Testimony For: The bill allows WASPC to open sealed records in order to record them as required by the statute, provided that they are marked as sealed, and to destroy the records of deceased sex offenders. The end-of-sentence review committee has access to the records for the purposes of the statute.

Testimony Against: None.

Who Testified: PRO: Representative Al O'Brien, prime sponsor; James McMahon, WASPC.