AN ACT Relating to criminal-history records; adding new sections to chapter 10.98 RCW; repealing RCW 10.98.010, 10.98.020, 10.98.030, 10.98.040, 10.98.050, 10.98.060, 10.98.070, 10.98.080, 10.98.090, 10.98.100, 10.98.110, 10.98.120, 10.98.130, 10.98.140, 10.98.150, and 10.98.160; and prescribing penalties.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Agency" means a political subdivision or combination of subdivisions, a department, institution, board, commission, district, council, bureau, office, officer, official, governing authority, or other instrumentality of state or local government, or a corporation or other establishment owned, operated, or managed by or on behalf of the state or any political subdivision, but the term does not include the state legislature or a court of this state.

(2) "Central repository" means the Washington state patrol section on identification and criminal history.

(3) "Criminal-history record" means a record of reportable events maintained by the central repository, but does not include an intelligence or investigative record.

(4) "Criminal law enforcement agency" means an agency authorized by law, as one of its primary functions, to arrest, prosecute, incarcerate, parole, supervise, or rehabilitate criminal offenders.

(5) "Reportable event" means any of the following occurrences concerning an individual arrested for or charged with a criminal offense other than a petty offense or traffic violation excluded under section 2(2)(d) of this act or an offense adjudicated under Title 13 RCW:

(a) An arrest;

(b) A disposition after an arrest without the filing of a formal criminal charge;

(d) The disposition of a formal criminal charge, including any sentence imposed, and a modification of the disposition or sentence;

(e) Commitment after conviction to a place of detention;

(f) Release from punitive detention; or

(g) Completion of sentence.

(6) "Subject" means an individual who is the subject of a criminal-history record.

NEW SECTION. Sec. 2. (1) The central repository shall collect and maintain, as criminal-history records, the information required to be reported to it by this chapter. The central repository may, but need not, retain information received concerning offenses under the laws of another jurisdiction.

(2) The central repository, by rule, shall:

(a) Specify the method and details of reporting each reportable event;

(b) Designate the criminal law enforcement agency or court in this state that is responsible for reporting a reportable event to the central repository;

(c) Specify the nature and form of the information to be used in identifying the individual who is the subject of a reportable event;

(d) Specify the petty offenses and petty traffic violations that are excluded from the definition of a reportable event;

(e) Develop and promulgate procedures and formats for reporting and exchanging information under this chapter; and

(f) Establish a schedule of fees it may charge for disclosure under this chapter.

(3) The central repository shall specify and make public the items of information that it uses to retrieve criminal-history records.

(4) The central repository may adopt any other rules necessary to carry out the purposes of this chapter.

NEW SECTION. Sec. 3. In order to ensure the timeliness and accuracy of information in criminal-history records and to evaluate the procedures and facilities relating to the privacy, disclosure, and security of criminal-history records, the central repository shall regularly examine the records and practices of the central repository and those of criminal law enforcement agencies. In order to ensure the timeliness and accuracy of the information, the central repository may examine the public records of the courts of this state required to report information to the central repository.

NEW SECTION. Sec. 4. The court or criminal law enforcement agency responsible for reporting shall report a reportable event to the central repository promptly, but not later than:

(1) Forty-eight hours after an arrest; or

(2) Thirty days after any other reportable event.

NEW SECTION. Sec. 5. (1) The central repository shall disclose a criminal-history record and the record of disclosures maintained under subsection (4) of this section and section 6(4) of this act:

(a) To a criminal law enforcement agency that requests the record for its functions as a criminal law enforcement agency or for use in hiring or retaining its employees;

(b) To a court of this state, upon request, to aid in a decision concerning sentence, probation, or release pending trial or appeal;

(c) To the governor, upon request, to aid in a decision concerning an exercise of the power of pardon, reprieve, commutation or reduction of sentence, executive clemency, or interstate extradition or rendition;

(d) Pursuant to any judicial, legislative, or administrative agency subpoena issued in this state; and

(e) As constitutionally or as expressly required by any statute of this state or the United States.

(2) If the central repository discloses a criminal-history record that contains information concerning offenses under the laws of a jurisdiction other than this state, the information that is disclosed must contain a warning that the information may be inaccurate or incomplete.

(3) If a criminal-history record is disclosable under subsection (1) of this section to an agency or court in this state:

(a) The central repository shall disclose the record for the requested purpose to a like agency or court in another state if that state has enacted the uniform criminal-history records act containing equivalent limitations on disclosure; and

(b) The central repository may disclose the record for the requested purpose to a like agency or court in any other state or of the federal government.

(4) The central repository shall maintain a record of all disclosures made under this section during the preceding three years, noting the identity of the requester and the subject and the date of disclosure.

NEW SECTION. Sec. 6. (1) Upon request by any person under subsection (2) of this section and subject to subsection (3) of this section, the central repository shall disclose information in a criminal-history record that has not been sealed or expunged and concerns an offense under the laws of this state for which:

(a) The subject has been convicted; or

(b) A reportable event has occurred within one year preceding the request.

(2) A request for disclosure shall contain the name of the requester and of the subject and:

(a) The fingerprints of the subject; and

(b) The personal identification number assigned to the subject by the central repository; or

(c) At least two other items of information that the central repository uses to retrieve criminal-history records, as specified under section 2(3) of this act; or

(d) A specific reportable event identified by date and either an agency or the court.

(3) If the identifying information supporting a request for disclosure matches the criminal-history record of more than one individual, the central repository shall not disclose any of the records.

NEW SECTION. Sec. 7. Upon a request by a subject or the subject's attorney, accompanied by the fingerprints of the subject, the central repository shall disclose to the person designated by the requester the entire criminal-history record of the subject and the record of disclosures maintained under section 6(4) of this act.

NEW SECTION. Sec. 8. (1) A requester may submit a request for disclosure under section 6 or 7 of this act directly to the central repository or indirectly through a local police department or sheriff's office, which shall transmit the request to the central repository within three days.

(2) Promptly, but not later than fourteen days after receiving a request for disclosure under section 6 or 7 of this act, the central repository shall:

(a) Transmit the available information, including an explanation of any code or abbreviation, to the person designated by the requester;

(b) Inform the requester that there is no available information; or

(3) If a request for disclosure under section 6 of this act is not accompanied by fingerprints or a personal identification number, the information that is disclosed shall contain a warning that the record may not pertain to the individual named in the request.

(4) Within twenty-four hours after receipt of a subpoena under section 5(1)(d) of this act, the central repository shall mail a copy of the subpoena to the subject at the subject's last known address.

(5) If information in a criminal-history record is disclosed under section 6 of this act at the request of a person other than the subject, the central repository shall notify the subject by mailing, within three days, a notice of the disclosure to the subject's last known address by a form of mail deliverable to the addressee only. The notice shall contain the identity of the requester, the date of disclosure, a statement of the right of the subject to disclosure of the record and to correct or amend any incomplete or inaccurate information, and a statement of the sanctions for a violation of this chapter.

(6) The central repository may charge a requester a reasonable fee for processing a request for disclosure under section 6, 7, or 9 of this act and for notifying the subject under subsection (5) of this section.

NEW SECTION. Sec. 9. (1) The central repository may disclose criminal-history record information in a form that identifies a subject for the purpose of developing, studying, or reporting aggregate or anonymous information not intended to be published in any way in which the identity of the subject is disclosed, if the central repository:

(a) Determines that the purpose cannot reasonably be accomplished without use of the information in that form; and

(b) Secures from the recipient of the records a written agreement that the recipient will establish safeguards to assure the integrity, confidentiality, and security of the records.

(2) A recipient of records under this section may not use the records for purposes other than those specified in the agreement or disclose information in a form that identifies a subject without the express written authorization of the subject.

NEW SECTION. Sec. 10. (1) Except as authorized under this chapter, the central repository may not disclose (a) criminal-history record information in a form that identifies or can readily be associated with the identity of the subject, or (b) the record of disclosures maintained under section 5(4) or 6(4) of this act.

(2) The central repository may not disclose whether criminal-history record information exists if disclosure of existing information is prohibited under subsection (1) of this section. If disclosure is prohibited or there is no information, the central repository shall answer: "No information is available because either no information exists or disclosure is prohibited."

(3) A criminal law enforcement agency receiving a criminal-history record under section 5(1)(a) of this act or from a central repository in another jurisdiction may disclose the information in the record only for the limited purpose for which its receipt was authorized, but may disclose the information in compliance with a subpoena or to another criminal law enforcement agency for its functions as a criminal law enforcement agency.

NEW SECTION. Sec. 11. (1) A subject may request in writing that the central repository correct or amend any incomplete or inaccurate information in the criminal-history record.

(2) Promptly, but not later than fourteen days after receiving the request, the central repository shall:

(a) Make the requested correction or amendment and inform the subject of the action; or

(b) Inform the subject, in writing, of its refusal to correct or amend the information, of the reason for the refusal, and of the subject's right to administrative review under the administrative procedure act, chapter 34.04 RCW, and to maintain an action pursuant to section 13 of this act.

NEW SECTION. Sec. 12. A criminal law enforcement agency and the central repository shall ensure that:

(1) Direct access to criminal-history records is available only to authorized officers or employees;

(2) Each officer or employee working with or having access to criminal-history records is familiar with the requirements of this chapter; and

(3) Criminal-history records are physically secure.

NEW SECTION. Sec. 13. (1) For a violation of section 5, 6, 7, 8, or 11 of this act, the requester or subject may maintain an action to compel the central repository to disclose, correct, or amend information in a criminal-history record. The court may examine the information at issue in camera.

(2) For disclosure in violation of section 9 or 10 of this act, the subject may maintain an action for appropriate relief against the central repository, criminal law enforcement agency, or the recipient of information under section 9 of this act and recover compensatory damages sustained as a result of the violation and reasonable attorneys' fees. This subsection does not affect any other right or remedy under law.

(3) An officer or employee of the central repository, of a criminal law enforcement agency, or of a court, or an individual who receives information under section 9 of this act, is guilty of a misdemeanor if the individual intentionally:

(a) Discloses information in a criminal-history record in violation of this chapter with knowledge that the disclosure is prohibited;

(b) Reports an event as a reportable event or intentionally discloses information in a criminal-history record, with knowledge that the report or information has been falsified; or

(c) Fails to report a reportable event or intentionally fails to disclose, correct, or amend information in a criminal-history record, for the purpose of causing harm to the subject and with knowledge that the report, disclosure, correction, or amendment is required.

(4) A person who, by conduct that would constitute the offense of false pretenses or theft if property were involved, gains access to a criminal-history record the disclosure of which is prohibited to that person is guilty of a misdemeanor.

NEW SECTION. Sec. 14. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

NEW SECTION. Sec. 15. This chapter may be cited as the uniform criminal-history records act.

NEW SECTION. Sec. 16. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 17, Laws of 1984 and RCW 10.98.010;

(2) Section 2, chapter 17, Laws of 1984 and RCW 10.98.020;

(3) Section 3, chapter 17, Laws of 1984 and RCW 10.98.030;

(4) Section 4, chapter 17, Laws of 1984, section 1, chapter 201, Laws of 1985 and RCW 10.98.040;

(5) Section 5, chapter 17, Laws of 1984, section 2, chapter 201, Laws of 1985 and RCW 10.98.050;

(6) Section 6, chapter 17, Laws of 1984 and RCW 10.98.060;

(7) Section 7, chapter 17, Laws of 1984 and RCW 10.98.070;

(8) Section 8, chapter 17, Laws of 1984, section 3, chapter 201, Laws of 1985 and RCW 10.98.080;

(9) Section 9, chapter 17, Laws of 1984, section 4, chapter 201, Laws of 1985 and RCW 10.98.090;

(10) Section 10, chapter 17, Laws of 1984, section 5, chapter 201, Laws of 1985 and RCW 10.98.100;

(11) Section 11, chapter 17, Laws of 1984 and RCW 10.98.110;

(12) Section 12, chapter 17, Laws of 1984 and RCW 10.98.120;

(13) Section 13, chapter 17, Laws of 1984 and RCW 10.98.130;

(14) Section 14, chapter 17, Laws of 1984, section 6, chapter 201, Laws of 1985 and RCW 10.98.140;

(15) Section 15, chapter 17, Laws of 1984 and RCW 10.98.150; and

(16) Section 16, chapter 17, Laws of 1984 and RCW 10.98.160.

NEW SECTION. Sec. 17. Sections 1 through 15 of this act are each added to chapter 10.98 RCW.

NEW SECTION. Sec. 18. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.