READ FIRST TIME 02/18/09.   

     AN ACT Relating to law enforcement and court access to driver's license photographs for the purposes of identity verification; and reenacting and amending RCW 46.20.118.

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

Sec. 1   RCW 46.20.118 and 2005 c 274 s 307 and 2005 c 246 s 23 are each reenacted and amended to read as follows:
     (1) The department shall maintain a negative file. It shall contain negatives of all pictures taken by the department of licensing as authorized by ((RCW 46.20.070 through 46.20.119)) this chapter. Negatives in the file shall not be available for public inspection and copying under chapter 42.56 RCW.
     (2) The department may make the file available to official governmental enforcement agencies to assist in the investigation by the agencies of suspected criminal activity or for the purposes of verifying identity when a law enforcement officer is authorized by law to request identification from an individual.
     (3) The department shall make the file available to the office of the secretary of state, at the expense of the secretary of state, to assist in maintenance of the statewide voter registration database.
     (4) The department may also provide a print to the driver's next of kin in the event the driver is deceased.
     (5) The department may make the file available to judicial officers for the purpose of verifying identity of an individual in a court proceeding. The department may make the file available only if the requesting judicial officer declares to the department that he or she has given notice to the parties that the request to the department will be made.