HOUSE BILL REPORT
HB 1531
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
As Passed House:
March 11, 2013
Title: An act relating to criminal history record information compliance audits.
Brief Description: Modifying criminal history record information compliance audit provisions.
Sponsors: Representatives Hayes, Goodman, Klippert, Hope, Ryu, Holy and Moscoso; by request of Washington State Patrol.
Brief History:
Committee Activity:
Public Safety: 2/13/13 [DP].
Floor Activity:
Passed House: 3/11/13, 98-0.
Brief Summary of Bill |
|
HOUSE COMMITTEE ON PUBLIC SAFETY |
Majority Report: Do pass. Signed by 10 members: Representatives Goodman, Chair; Roberts, Vice Chair; Klippert, Ranking Minority Member; Hayes, Assistant Ranking Minority Member; Appleton, Holy, Hope, Moscoso, Ross and Takko.
Staff: Yvonne Walker (786-7841).
Background:
The Washington State Patrol's (WSP) Identification and Criminal History Section of the agency is the central repository for criminal history record information (CHRI) for the State of Washington. The CHRI consists of fingerprint-based records and disposition information submitted by law enforcement agencies and courts throughout the state.
Local criminal justice agencies are required by law to submit felony and gross misdemeanor arrest and disposition information to the WSP, where it is included in a CHRI database called Washington State Identification System.
At least once per year the WSP must complete an audit of disposition records for each prosecuting attorney, district and municipal court, and any other originating agency. The purpose of the audit is to ensure that all disposition reports have been received and added to the WSP's CHRI database.
Generally, it can often take up to a year for courts and local agencies to finalize a disposition on a case. However, under statute the WSP is required to prepare a list of all arrests charged and listed in the database for which no disposition report has been received in more than nine months since the date of arrest. That list of outstanding dispositions must be provided to each respective prosecuting attorney, district and municipal court, and originating agency.
Each criminal justice agency must respond within 45 days and provide the WSP with a current disposition report for each outstanding disposition. The WSP must assist each entity with the compliance audit by cross checking outstanding cases with the Administrative Office of the Courts and the Department of Corrections. The WSP may also provide any needed technical assistance with the compliance audits. Any case still pending prosecution must be considered an outstanding disposition in the compliance audit.
The results of the audit are published annually and distributed to the Office of Financial Management, each legislative committee responsible for criminal justice issues, and criminal justice agencies and associations.
Summary of Bill:
The time period is expanded for receiving and responding to disposition reports. In conducting its compliance audit, the WSP must identify those records where no disposition report has been received for one year or longer (instead of nine months) since the date of arrest. Upon receipt of a list of outstanding dispositions from the WSP, each criminal justice agency must provide the WSP with a current disposition report or the current status of each outstanding disposition within 60 days (instead of 45 days) of receiving notification of an open arrest. Outstanding dispositions must be researched by the WSP staff or the originating criminal justice agency.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.
Staff Summary of Public Testimony:
(In support) This bill is agency requested legislation and is basically a WSP cleanup bill. This is going to clean up some language and make it easier for the WSP to do their job.
The WSP is responsible for maintaining the statewide repository for fingerprint-based criminal record information by providing services to both criminal justice and noncriminal justice purposes. Over the years, the WSP has had to adapt its procedures regarding criminal record information compliance audits to coincide with statutory changes and develop process improvements. This bill removes outdated language, adds new clarifying language to clarify their responsibility, and amends the provisions that will require the WSP to identify criminal history record information for which no disposition reports have been received or been outstanding for one year or longer. The bill also requires each open arrest to be researched for final disposition by the WSP and local criminal justice agencies. Each criminal justice agency will be required to provide the WSP with current disposition information within 60 days of receipt of notification.
(Opposed) None.
Persons Testifying: Representative Hayes, prime sponsor; and Rob Huss and Jim Anderson, Washington State Patrol.
Persons Signed In To Testify But Not Testifying: None.