BILL REQ. #:  S-0603.1 

Read first time 01/30/13.   Referred to Committee on Law & Justice.

     AN ACT Relating to making specific prosecution and defense documents and materials exempt from public inspection and copying; and amending RCW 42.56.240.

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

Sec. 1   RCW 42.56.240 and 2012 c 88 s 1 are each amended to read as follows:
     The following investigative, law enforcement, and crime victim information is exempt from public inspection and copying under this chapter:
     (1) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy;
     (2) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim, or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath;
     (3) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b);
     (4) License applications under RCW 9.41.070; copies of license applications or information on the applications may be released to law enforcement or corrections agencies;
     (5) Information revealing the identity of child victims of sexual assault who are under age eighteen. Identifying information means the child victim's name, address, location, photograph, and in cases in which the child victim is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator;
     (6) The statewide gang database referenced in RCW 43.43.762;
     (7) Data from the electronic sales tracking system established in RCW 69.43.165;
     (8) Information submitted to the statewide unified sex offender notification and registration program under RCW 36.28A.040(6) by a person for the purpose of receiving notification regarding a registered sex offender, including the person's name, residential address, and e-mail address; ((and))
     (9) Personally identifying information collected by law enforcement agencies pursuant to local security alarm system programs and vacation crime watch programs. Nothing in this subsection shall be interpreted so as to prohibit the legal owner of a residence or business from accessing information regarding his or her residence or business;
     (10) Victim impact statements as defined or described in Article I, section 35 of the state Constitution and RCW 7.69.020 and 7.69.030; and
     (11) Documents and other materials provided by the attorney for the defendant, or by the defendant when acting pro se, to the prosecuting attorney, including but not limited to, documents and other materials provided during communications or discussions described under RCW 9.94A.421 or 9.94A.460, proceedings under RCW 9.94A.660, 9.94A.655, 9.94A.670, or 10.95.040 through 10.95.060, or similar exchanges or communications described in court rules.