BILL REQ. #:  S-0456.1 

Read first time 01/12/11.   Referred to Committee on Judiciary.

     AN ACT Relating to enhanced intelligence in Washington state; and adding a new chapter to Title 42 RCW.

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

NEW SECTION.  Sec. 1   This chapter may be known and cited as the Washington enhanced intelligence act.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Agency" means any state, local, or county law enforcement agency.
     (2) "Protected information" means information about the political, religious, or other First Amendment protected views or opinions of any individual or group. This includes the activities and associations related to these views and opinions. Protected information does not include:
     (a) Administrative records;
     (b) Incidental references;
     (c) Confidential communications;
     (d) Special investigations;
     (e) Activities by departmental personnel as private citizens not related to their law enforcement functions;
     (f) The collection of information about police conduct regarding internal investigations; or
     (g) The participation of agency personnel in their official capacities in the administrative and legislative processes with respect to agency operations to the same extent and in the same manner as other state or local departments.

NEW SECTION.  Sec. 3   An agency may not collect or maintain protected information about an individual or group unless such information directly relates to criminal conduct or activity and there is reasonable suspicion that the subject of the information is or may be involved in criminal conduct or activity.

NEW SECTION.  Sec. 4   Within two years after the effective date of this section, all agencies shall adopt a privacy policy governing treatment of protected information. The privacy policy shall, at a minimum, contain the following provisions:
     (1) Except where prohibited by federal law, agencies shall not disseminate protected information unless authorized in writing by the executive authority of the agency, or his or her designee.
     (2) Agencies that collect, maintain, or disseminate criminal intelligence information as defined by 28 C.F.R. Sec. 23 (2011) shall do so in compliance with the provisions of 28 C.F.R. Sec. 23 (2011) as it existed on the effective date of this section.
     (3) Agency personnel shall not conduct infiltration unless the group to be infiltrated is reasonably suspected of criminal activity, and the executive authority of the agency authorizes the infiltration in writing. "Infiltration" occurs when a person acting under the direction of an agency poses or acts as a member or associate of a political, religious, advocacy, or community organization, and who either aims to disrupt the organization or agrees to provide or provides information about the organization to an agency without disclosing his or her relationship to law enforcement.
     (4) Agencies shall investigate and correct or delete, in a timely manner, any errors and deficiencies in information retained or disseminated, whether by internal discovery or external complaint of error.
     (5) The executive authority of an agency, or his or her designee, shall conduct periodic reviews of agency files to ensure compliance with both this chapter and the relevant privacy policy.

NEW SECTION.  Sec. 5   To ensure compliance with this chapter, the attorney general must conduct in-place audits of agency files and records at unscheduled intervals.

NEW SECTION.  Sec. 6   Agencies shall ensure that all employees are properly trained with regard to protected information, agency privacy policies, and the provisions of this chapter within one year of adoption of a privacy policy.

NEW SECTION.  Sec. 7   Nothing in this chapter shall restrict agency personnel from complying with a court order.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 42 RCW.