BILL REQ. #:  H-0374.1 

Prefiled 01/07/09. Read first time 01/12/09.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to prohibiting certain sex offenders on community custody from accessing the internet; adding new sections to chapter 9.94A RCW; and providing an effective date.

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

NEW SECTION.  Sec. 1   (1) In a prosecution for a sex offense, the prosecuting attorney shall file a special allegation of internet facilitation whenever sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding by a reasonable and objective fact-finder that the defendant used the internet to facilitate the commission of the offense.
     (2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the defendant used the internet to facilitate the commission of the offense. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the defendant used the internet to facilitate the commission of the offense. If no jury is had, the court shall make a finding of fact as to whether the defendant used the internet to facilitate the commission of the offense.
     (3) The prosecuting attorney shall not withdraw a special allegation filed under this section without the approval of the court through an order of dismissal of the allegation. The court may not dismiss the special allegation unless it finds that the order is necessary to correct an error in the initial charging decision or that there are evidentiary problems that make proving the special allegation doubtful.

NEW SECTION.  Sec. 2   When sentencing an offender convicted of a sex offense committed on or after the effective date of this section with a finding of internet facilitation under section 1 of this act, the court, as a condition of any term of community custody imposed under RCW 9.94A.507, 9.94A.545, 9.94A.670, or 9.94A.715, shall:
     (1) Prohibit the offender from accessing or using a computer, or any other device with internet capability, without the prior written approval of the department;
     (2) Require the offender to submit to unannounced inspections of his or her computer, or any other device with internet capability, by a community corrections officer or a computer or information technology specialist employed by, or under contract with, the department. The inspection may include, but is not limited to, the retrieval and copying of all data from the computer or device and any internal or external peripherals, and removal of the data, computer, device, or peripheral, to conduct a more thorough inspection;
     (3) Require the offender to submit to the installation on the offender's computer or other device with internet capability, at the offender's expense, one or more hardware or software systems to monitor the offender's internet use; and
     (4) Require the offender to submit to any other appropriate restrictions, as determined by the department, concerning his or her use or access to a computer or other device with internet capability.

NEW SECTION.  Sec. 3   Sections 1 and 2 of this act are each added to chapter 9.94A RCW.

NEW SECTION.  Sec. 4   This act takes effect August 1, 2009.