BILL REQ. #: H-1245.1

_____________________________________________

HOUSE BILL 1834
_____________________________________________

State of Washington

61st Legislature

2009 Regular Session

By Representatives Angel, O'Brien, Shea, Seaquist, Crouse, Smith, McCune, Kretz, Orcutt, Haler, Rolfes, Short, Warnick, Finn, Pearson, Walsh, Kelley, Carlyle, Driscoll, Kristiansen, Hope, Johnson, and Bailey

Read first time 01/30/09. Referred to Committee on Public Safety & Emergency Preparedness.

AN ACT Relating to requiring the electronic monitoring of all registered sex offenders who are classified as risk level III, have registered as homeless or transient, or have a prior conviction for failure to register as a sex offender; adding a new section to chapter 72.09 RCW; adding a new section to chapter 43.43 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 72.09 RCW to read as follows:
     (1) The department shall electronically monitor every offender serving a term of community custody on or after the effective date of this act who is required to register as a sex offender under RCW 9A.44.130 and:
     (a) Has been classified as risk level III;
     (b) Has registered as lacking a fixed residence; or
     (c) Has a prior conviction for failure to register as a sex offender under RCW 9A.44.130.
     (2) All electronic monitoring under this section shall be carried out using an active global positioning system.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.43 RCW to read as follows:
     (1) Except as provided in subsection (2) of this section, the Washington state patrol shall electronically monitor every offender who is required to register as a sex offender under RCW 9A.44.130 and:
     (a) Has been classified as risk level III;
     (b) Has registered as lacking a fixed residence; or
     (c) Has a prior conviction for failure to register as a sex offender under RCW 9A.44.130.
     (2) This section does not apply to an offender being electronically monitored by the department of corrections under section 1 of this act.
     (3) All electronic monitoring under this section shall be carried out using an active global positioning system.

NEW SECTION. Sec. 3 If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2009, in the omnibus appropriations act, this act is null and void.

--- END ---