HOUSE BILL REPORT
HB 1431
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Passed House:
February 23, 2007
Title: An act relating to certificates of discharge.
Brief Description: Changing certificate of discharge requirements.
Sponsors: By Representatives Goodman, Lantz, O'Brien, Rodne, Moeller and Hasegawa; by request of Secretary of State.
Brief History:
Judiciary: 1/30/07, 1/31/07 [DP].
Floor Activity:
Passed House: 2/23/07, 93-0.
Brief Summary of Bill |
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HOUSE COMMITTEE ON JUDICIARY
Majority Report: Do pass. Signed by 11 members: Representatives Lantz, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Ahern, Flannigan, Kirby, Moeller, Pedersen, Ross and Williams.
Staff: Bill Perry (786-7123).
Background:
When a felony offender has completed any term of confinement and has complied with all
requirements of his or her sentence, he or she is issued a certificate of discharge. In the case
of an offender sentenced under the Sentencing Reform Act, the court that sentenced the
offender issues the certificate. In the case of an offender under the jurisdiction of the
Indeterminate Sentence Review Board, the board issues the certificate.
Copies of certificates of discharge are to be sent to county auditors. The law directs the
Department of Corrections to create and maintain a database of certificates of discharge. A
law passed in 2005 relating to voter registration also requires the Secretary of State to
maintain a record of all discharges. The Secretary of State is to use these records to maintain
a statewide voter registration list.
Judicial issuance of a certificate of discharge is processed through the county clerk. The
Administrative Office of the Courts maintains records of criminal sentences, including
discharges, that are supplied by the county clerks. The same law that requires the Secretary
of State to maintain a record of discharges also requires that the statewide voter registration
list database be coordinated with lists from other agencies, including the Administrative
Office of the Courts.
Summary of Bill:
The requirements for a certificate of discharge database in the Department of Corrections and
in the Secretary of State's office are eliminated. The requirement that copies of certificates of
discharge be sent to county auditors is eliminated. Each certificate is to be filed with the
county clerk in the county of the sentencing court.
The county clerks are required to enter the names of discharged felons into a database
maintained by the Administrative Office of the Courts.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) This bill makes good administrative sense. It makes no change to the substantive
law relating to certificates of discharge. The Secretary or State's Office is not the appropriate
place to maintain these records. The Department of Corrections does not have access to
records of offenders not under its control. The Administrative Office of the Courts already
collects this data, and the bill will have no fiscal impact.
(Opposed) None.
Persons Testifying: Representative Goodman, prime sponsor; Katie Blinn, Office of the Secretary of State; and Doreen Geiger, Department of Corrections.