BILL REQ. #:  S-0834.1 

Read first time 01/31/11.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to the dissemination of juvenile records by consumer reporting agencies; 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further finds that the unrestricted dissemination of juvenile records can hinder social reintegration when inaccurate, outdated, or personal information remains in the public realm.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.

NEW SECTION.  Sec. 4   The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

NEW SECTION.  Sec. 5   Sections 1 through 4 of this act constitute a new chapter in Title 13 RCW.