BILL REQ. #:  H-2086.1 

READ FIRST TIME 02/25/05.   

     AN ACT Relating to requiring arson offenders to register with the county sheriff; amending RCW 9A.48.010, 10.01.200, 70.48.470, and 72.09.330; adding new sections to chapter 9A.48 RCW; adding a new section to chapter 43.43 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) Arsonists often pose a high risk of reoffense; and
     (b) Law enforcement's efforts to protect our communities, conduct investigations, and quickly apprehend arsonists are impaired by the lack of information available to law enforcement agencies about convicted arsonists who live out in the community.
     (2) It is therefore the intent of the legislature to:
     (a) Assist local law enforcement agencies to increase public safety by providing them with another tool for them to use in arson investigations; and
     (b) Require arson offenders to register with local law enforcement agencies in a regulatory, rather than punitive, manner.

Sec. 2   RCW 9A.48.010 and 2002 c 32 s 1 are each amended to read as follows:
     (1) For the purpose of this chapter, unless the context indicates otherwise:
     (a) "Arson offender" means a person convicted, or found not guilty by reason of insanity, of arson in the first degree or arson in the second degree;
     (b) "Building" has the definition in RCW 9A.04.110(5), and where a building consists of two or more units separately secured or occupied, each unit shall not be treated as a separate building;
     (((b))) (c) "Damages", in addition to its ordinary meaning, includes any charring, scorching, burning, or breaking, or agricultural or industrial sabotage, and shall include any diminution in the value of any property as a consequence of an act;
     (((c))) (d) "Property of another" means property in which the actor possesses anything less than exclusive ownership.
     (2) To constitute arson it is not necessary that a person other than the actor has ownership in the building or structure damaged or set on fire.

NEW SECTION.  Sec. 3   A new section is added to chapter 9A.48 RCW to read as follows:
     (1)(a) An arson offender who resides, whether or not the offender has a fixed residence, in this state, or who is a student, is employed, or carries on a vocation in this state, shall register with the county sheriff for the county of the person's residence, or if the person is not a resident of this state, the county of the person's school, place of employment or vocation, or as otherwise specified in this section.
     (b) An arson offender who lacks a fixed residence and is under the supervision of the state department of corrections shall also register in the county of his or her supervision if he or she is not already required to do so under (a) of this subsection.
     (c) An offender required to register under this section shall do so in person.
     (2)(a) An offender who has a fixed residence shall provide the following information when registering:
     (i) Name;
     (ii) Residential address;
     (iii) Date and place of birth;
     (iv) Place of employment;
     (v) Arson offense for which convicted;
     (vi) Date and location of conviction;
     (vii) Aliases used;
     (viii) Social security number;
     (ix) Photograph; and
     (x) Fingerprints.
     (b) An offender who lacks a fixed residence shall provide the following information when registering:
     (i) Name;
     (ii) Where he or she plans to stay;
     (iii) Date and place of birth;
     (iv) Place of employment;
     (v) Arson offense for which convicted;
     (vi) Date and location of conviction;
     (vii) Aliases used;
     (viii) Social security number;
     (ix) Photograph; and
     (x) Fingerprints.
     (3)(a) An arson offender shall register with the county sheriff subject to the following deadlines and restrictions:
     (i) OFFENDERS IN CUSTODY. An arson offender who, on or after the effective date of this act, is in the custody of the United States bureau of prisons or other federal or military correctional agency, 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, for an arson offense committed before, on, or after the effective date of this act, shall register within twenty-four hours of the time of release with the county sheriff for the county of the offender's residence, or if the person is not a resident of this state, the county of the offender's school or place of employment or vocation. A state or local agency that has jurisdiction over the offender shall provide notice to the offender of the duty to register.
     (ii) OFFENDERS NOT IN CUSTODY BUT UNDER FEDERAL, STATE, OR LOCAL JURISDICTION. An arson offender who, on the effective date of this act, is not in custody but is under the jurisdiction of the United States bureau of prisons, the United States courts, the United States parole commission, the United States military parole board, the state indeterminate sentence review board, the state department of corrections on active supervision as defined by the state department of corrections, the state department of social and health services, or a local division of youth services, for an arson offense committed before, on, or after the effective date of this act, shall register within thirty days of the effective date of this act. A change in the supervision status of the offender shall not relieve the offender of the duty to register or to reregister following a change in residence.
     (iii) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. An arson offender who is convicted of an arson offense on or after the effective date of this act, but who is 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.
     (iv) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. An arson offender who moves to Washington state from another state or a foreign country who is 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 ten days of establishing residence or reestablishing residence if the offender is a former Washington resident. An arson offender from another state or a foreign country who, when the offender moves to Washington, is 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. It is an affirmative defense to a charge that a person failed to register within the deadlines in this subsection (3)(a)(iv) that: (A) The person was not under the jurisdiction of the Washington 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; (B) the person was unaware of his or her duty to register; (C) it was reasonable for the person to be unaware of his or her duty to register; and (D) the person registered within twenty-four hours of receiving notice of his or her duty to register from a law enforcement official. The defendant must establish the defense by a preponderance of the evidence.
     (v) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. An arson offender who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing arson in the first degree or arson in the second degree on, before, or after the effective date of this act and who, on or after the effective date of this act, 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 arson offender in its custody of the duty to register. An arson offender who has been found not guilty by reason of insanity of committing arson in the first degree or arson in the second degree, but who was released before the effective date of this act, shall 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 arson offenders who were released prior to the effective date of this act.
     (vi) OFFENDERS WHO LACK A FIXED RESIDENCE. Any arson offender 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 (2)(b) of this section.
     (vii) OFFENDERS WHO MOVE TO, WORK, CARRY ON A VOCATION, OR ATTEND SCHOOL IN ANOTHER STATE. An arson offender required to register in Washington, who moves to another state, or who works, carries on a vocation, or attends 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 offender 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.
     (viii) ALL OTHER OFFENDERS. An arson offender who is not subject to one of the deadlines in (a)(i) through (vii) of this subsection shall register no later than thirty days after the effective date of this act. It is an affirmative defense to a charge of failure to register under this section that (A) the charge of failure to register is based solely on an out-of-state conviction that would require a person to register in Washington if he or she had been convicted in Washington; (B) the person who is charged works, carries on a vocation, or attends school in Washington but resides in another state; (C) the person was unaware of his or her duty to register in Washington; (D) it was reasonable for the person to be unaware of his or her duty to register in Washington; and (E) the person registered in Washington within twenty-four hours of receiving notice of his or her duty to register from a law enforcement official. The defendant must establish the defense by a preponderance of the evidence.
     (b) Failure to register within the deadlines required under this section constitutes a per se violation of this section and is punishable under subsection (8) of this section. The county sheriff is not 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 (3)(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.
     (4)(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.
     (5)(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 (2)(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.
     (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 this subsection and subsection (3)(a)(vii) or (viii) of this section. To prevail, the person must prove the defense by a preponderance of the evidence.
     (6) An arson 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 arson offender subject to 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. An arson 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.
     (7) For the purpose of this section:
     (a) "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.
     (b) "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.
     (8)(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.
     (b) Unless the person is relieved of the duty to register under section 4 of this act, a violation of this section is an ongoing offense for purposes of the statute of limitations under RCW 9A.04.080.

NEW SECTION.  Sec. 4   A new section is added to chapter 9A.48 RCW to read as follows:
     (1) An arson offender may only be relieved of the duty to register imposed under section 3 of this act by petitioning the superior court under subsection (2) or (3) of this section.
     (2) An offender having a duty to register under section 3 of this act for an offense committed when the offender was an adult may petition the superior court to be relieved of that duty, if the person has spent ten consecutive years in the community without being convicted of any new offenses. The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction, and may consider other factors.
     (a) The petition shall be made to the court in which the petitioner was convicted, or found not guilty by reason of insanity, of the offense that subjects him or her to the duty to register, or, in the case of convictions in other states, a foreign country, or a federal or military court, to the court in Thurston county. The prosecuting attorney of the county shall be named and served as the respondent in any such petition.
     (b) The court may relieve the petitioner of the duty to register only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of this act.
     (3) An offender having a duty to register under section 3 of this act for an offense committed when the offender was a juvenile may petition the superior court to be relieved of that duty. The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after adjudication, and may consider other factors.
     (a) The petition must be made in the manner required by subsection (2)(a) of this section.
     (b) The court may relieve the petitioner of the duty to register for an offense that was committed while the petitioner was fifteen years of age or older only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of this act.
     (c) The court may relieve the petitioner of the duty to register for an offense that was committed while the petitioner was under the age of fifteen if the petitioner:
     (i) Has not been adjudicated of arson in the first degree or arson in the second degree during the twenty-four months following the adjudication for the offense giving rise to the duty to register; and
     (ii) Proves by a preponderance of the evidence that future registration of the petitioner will not serve the purposes of this act.
     (d) This subsection shall not apply to juveniles prosecuted as adults.

NEW SECTION.  Sec. 5   A new section is added to chapter 43.43 RCW to read as follows:
     (1) The county sheriff shall forward the information, photographs, and fingerprints obtained pursuant to section 3 of this act, including any notice of change of address, to the Washington state patrol within five working days.
     (2) The state patrol shall maintain a central registry of arson offenders required to register under section 3 of this act.
     (a) The state patrol shall grant access to the registry to law enforcement agencies.
     (b) The state patrol and the entities receiving information under (a) of this subsection may not disclose the information obtained from the registry to any other person or entity.
     (3) The state patrol shall adopt rules consistent with chapters 10.97, 10.98, and 43.43 RCW as are necessary to carry out the purposes of this act.
     (4) The state patrol shall reimburse the counties for the cost of processing the offender registration, including taking the fingerprints and photographs.

NEW SECTION.  Sec. 6   A new section is added to chapter 9A.48 RCW to read as follows:
     (1) When an offender registers with the county sheriff pursuant to section 3 of this act, the county sheriff shall notify the chief law enforcement officer, if any, of the jurisdiction in which the offender has registered to live. If the offender registers to live in an unincorporated area of the county, the sheriff shall make reasonable attempts to verify that the offender is residing at the registered address. If the offender registers to live in an incorporated city or town, the chief law enforcement officer of the city or town shall make reasonable attempts to verify that the offender is residing at the registered address.
     (2)(a) For purposes of this section, "reasonable attempts" shall include at a minimum sending by certified mail, with return receipt requested, a nonforwardable annual verification form to the offender at the offender's last registered address.
     (b) The offender must sign the verification form, state on the form whether he or she still resides at the last registered address, and return the form to the chief law enforcement officer of the jurisdiction where the offender is registered to live within ten days after receipt of the form.
     (3) The chief law enforcement officer of the jurisdiction where the offender has registered to live, or the county sheriff if the offender has registered in an unincorporated area, shall make reasonable attempts to locate any arson offender who fails to return the verification form or who cannot be located at the registered address.
     (4) When an offender notifies the county sheriff of a change to his or her residence address pursuant to section 3 of this act, and the new address is in a different law enforcement jurisdiction, the county sheriff shall notify the chief law enforcement officer of the jurisdiction from which the offender has moved.

Sec. 7   RCW 10.01.200 and 1997 c 113 s 5 are each amended to read as follows:
     The court shall provide written notification to any defendant charged with a sex offense or kidnapping offense of the registration requirements of RCW 9A.44.130. The court shall provide written notice to any defendant charged with arson in the first degree or arson in the second degree of the registration requirements of section 3 of this act. Such notice shall be included on any guilty plea forms and judgment and sentence forms provided to the defendant.

Sec. 8   RCW 70.48.470 and 2000 c 91 s 4 are each amended to read as follows:
     (1)(a) A person having charge of a jail shall:
     (i) Notify in writing any confined person who is in the custody of the jail for a conviction of a sex offense as defined in RCW 9.94A.030 or a kidnapping offense as defined in RCW 9A.44.130 of the registration requirements of RCW 9A.44.130 at the time of the inmate's release from confinement, and shall obtain written acknowledgment of such notification; and
     (ii) Notify in writing any confined person who is in the custody of the jail for a conviction of arson in the first degree or arson in the second degree of the registration requirements of section 3 of this act at the time of the inmate's release from confinement, and shall obtain written acknowledgment of such notification.
     (b) The person having charge of the jail shall also obtain from the inmate the county of the inmate's residence upon release from jail and, where applicable, the city.
     (2)(a) When a sex offender or a person convicted of a kidnapping offense as defined in RCW 9A.44.130 under local government jurisdiction will reside in a county other than the county of conviction upon discharge or release, the chief law enforcement officer of the jail or his or her designee shall give notice of the inmate's discharge or release to the sheriff of the county and, where applicable, to the police chief of the city where the offender will reside.
     (b) When an offender convicted of arson in the first degree or arson in the second degree under local government jurisdiction will reside in a county other than the county of conviction upon discharge or release, the chief law enforcement officer of the jail or his or her designee shall give notice of the inmate's discharge or release to the sheriff of the county where the offender will reside.

Sec. 9   RCW 72.09.330 and 1997 c 113 s 8 are each amended to read as follows:
     (1) The department shall:
     (a) Provide written notification to an inmate convicted of a sex offense or kidnapping offense of the registration requirements of RCW 9A.44.130 at the time of the inmate's release from confinement and shall receive and retain a signed acknowledgement of receipt; and
     (b) Provide written notification to an inmate convicted of arson in the first degree or arson in the second degree of the registration requirements of section 3 of this act at the time of the inmate's release from confinement and shall receive and retain a signed acknowledgement of receipt.
     (2) The department shall:
     (a) Provide written notification to an individual convicted of a sex offense or kidnapping offense from another state of the registration requirements of RCW 9A.44.130 at the time the department accepts supervision and has legal authority of the individual under the terms and conditions of the interstate compact agreement under RCW 9.95.270; and
     (b) Provide written notification to an individual convicted of arson in the first degree or arson in the second degree from another state of the registration requirements of section 3 of this act at the time the department accepts supervision and has legal authority of the individual under the terms and conditions of the interstate compact agreement under RCW 9.95.270.