5130-S AMH ARMS OBRT 048

SSB 5130 - H AMD 430

By Representative Armstrong

ADOPTED 3/18/2009

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1. A new section is added to chapter 42.56 RCW to read as follows:

    (1) The inspection or copying of any nonexempt public record by persons serving criminal sentences in state, local, or privately operated correctional facilities may be enjoined pursuant to this section.

    (a) The injunction may be requested by:  (i) An agency or its representative; (ii) a person named in the record or his or her representative; or (iii) a person to whom the requests specifically pertains or his or her representative.

    (b) The request must be filed in:  (i) The superior court in which the movant resides; or (ii) the superior court in the county in which the record is maintained.

    (c) In order to issue an injunction, the court must find that:

    (i) The request was made to harass or intimidate the agency or its employees;

    (ii) Fulfilling the request would likely threaten the security of correctional facilities;

    (iii) Fulfilling the request would likely threaten the safety or security of staff, inmates, family members of staff, family members of other inmates, or any other person; or

    (iv) Fulfilling the request may assist criminal activity.

    (2) In deciding whether to enjoin a request under subsection (1) of this section, the court may consider all relevant factors including, but not limited to:

    (a) Other requests by the requestor;

    (b) The type of record or records sought;

    (c) Statements offered by the requestor concerning the purpose for the request;

    (d) Whether disclosure of the requested records would likely harm any person or vital government interest;

    (e) Whether the request seeks a significant and burdensome number of documents;

    (f) The impact of disclosure on correctional facility security and order, the safety or security of correctional facility staff, inmates, or others; and

    (g) The deterrence of criminal activity.

    (3) The motion proceeding described in this section shall be a summary proceeding based on affidavits or declarations, unless the court orders otherwise.  Upon a showing by a preponderance of the evidence, the court may enjoin all or any part of a request or requests.  Based on the evidence, the court may also enjoin, for a period of time the court deems reasonable, future requests by:

    (a) The same requestor; or

    (b) An entity owned or controlled in whole or in part by the same requestor.

    (4) An agency shall not be liable for penalties under RCW 42.56.550(4) for any period during which an order under this section is in effect, including during an appeal of an order under this section, regardless of the outcome of the appeal.

NEW SECTION.  Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

Correct the title.

EFFECT:   Allows representatives of persons named in the record or to whom the record specifically pertains to seek an injunction.  Clarifies under what circumstances a judge may enjoin a public record request by an incarcerated person. 

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