BILL REQ. #:  S-1669.1 

READ FIRST TIME 02/21/11.   

     AN ACT Relating to the dissemination of juvenile records; amending RCW 2.68.010 and 2.68.030; reenacting and amending RCW 2.68.020; and adding a new chapter to Title 13 RCW.

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

NEW SECTION.  Sec. 1   The legislature finds that one of the goals of the juvenile justice system is to rehabilitate juvenile offenders and promote their successful reintegration into society. Without opportunities to reintegrate, juveniles suffer increased recidivism and decreased economic function. The legislature further finds that the unrestricted dissemination of juvenile records can hinder social reintegration when inaccurate, outdated, or personal information remains in the public realm. The legislature believes that limiting the number of mechanisms for accessing juvenile records and the number of places where those records may be housed can increase overall public record accuracy while promoting the juvenile's rehabilitation and integration and protecting public safety. It is the intent of the legislature to balance the rehabilitative and reintegration needs of an effective juvenile justice system with the public's need to access personal information for public safety and research purposes.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Consumer reporting agency" means a person, or corporation, who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling, aggregating, or evaluating information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of commerce for the purpose of preparing or furnishing consumer reports. "Consumer reporting agency" does not include offices, programs, or facilities run by the state of Washington or their employees;
     (2) "De-identified record" means any record in which the name, address, and personally identifiable information is removed;
     (3) "Disseminate" means to disclose juvenile record information or the absence of such record information to any person;
     (4) "Juvenile records" has the same meaning as "records" in chapter 13.50 RCW.

NEW SECTION.  Sec. 3   (1) A consumer reporting agency that collects personally identifiable information pertaining to, or including, juvenile records about an individual residing in Washington may not disseminate information contained within the record, including the existence or nonexistence of such record to any third party.
     (2) A consumer reporting agency that collects personally identifiable information pertaining to, and including, juvenile records about an individual residing in Washington may disseminate de-identified records for the purposes of social science research, trend data, and generalized aggregation.

Sec. 4   RCW 2.68.010 and 1989 c 364 s 1 are each amended to read as follows:
     The judicial information system committee, as established by court rule, shall determine all matters pertaining to the delivery of services available from the judicial information system. The committee may establish a fee schedule for the provision of information services and may enter into contracts with any ((person,)) public ((or private)) entity, including the state, its departments, subdivisions, institutions, and agencies. However, no fee may be charged to county or city governmental agencies within the state of Washington using the judicial information system for the business of the courts.

Sec. 5   RCW 2.68.020 and 2009 c 564 s 1802 and 2009 c 564 s 918 are each reenacted and amended to read as follows:
     There is created an account in the custody of the state treasurer to be known as the judicial information system account. The administrative office of the courts shall maintain and administer the account, in which shall be deposited all moneys received from in-state noncourt public entity users and any out-of-state public entity users of the judicial information system and moneys as specified in RCW 2.68.040 for the purposes of providing judicial information system access to noncourt public entity users and providing an adequate level of automated services to the judiciary. The legislature shall appropriate the funds in the account for the purposes of the judicial information system. The account shall be used for the acquisition of equipment, software, supplies, services, and other costs incidental to the acquisition, development, operation, and administration of information services, telecommunications, systems, software, supplies, and equipment, including the payment of principal and interest on items paid in installments. ((During the 2007-2009 fiscal biennium, the legislature may transfer from the judicial information system account to the state general fund such amounts as reflect the excess fund balance of the account.)) During the 2009-2011 fiscal biennium, the legislature may transfer from the judicial information system account to the state general fund such amounts as reflect the excess fund balance of the account.

Sec. 6   RCW 2.68.030 and 1989 c 364 s 3 are each amended to read as follows:
     The judicial information system committee shall develop a schedule of user fees for in-state noncourt public entity users and all out-of-state public entity users of the judicial information computer system and charges for judicial information system products and licenses for the purpose of distributing and apportioning the full cost of operation and continued development of the system among the users. The judicial information system shall not be used to disseminate, nor shall fees be charged to private entities to obtain, any juvenile record information for the purposes of disseminating that information to credit reporting agencies or other private entities. The schedule shall generate sufficient revenue to cover the costs relating to (1) the payment of salaries, wages, other costs including, but not limited to the acquisition, operation, and administration of acquired information services, supplies, and equipment; and (2) the development of judicial information system products and services. As used in this section, the term "supplies" shall not be interpreted to delegate or abrogate the state purchasing and material control director's responsibilities and authority to purchase supplies as provided in chapter 43.19 RCW.

NEW SECTION.  Sec. 7   Sections 1 through 3 of this act constitute a new chapter in Title 13 RCW.