AN ACT Relating to establishing an automatic fingerprint identification system; amending RCW 43.43.735, 43.43.740, 10.98.050, and 26.44.050; adding new sections to chapter 43.43 RCW; creating a new section; repealing RCW 13.04.130 and 43.43.755; and making an appropriation.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.43 RCW to read as follows:

(1) No local law enforcement agency may establish or operate an automatic fingerprint identification system unless:

(a) Both the hardware and software of the local system are compatible with the state system under RCW 43.43.560; and

(b) The local system is equipped to receive and answer inquiries from the Washington state patrol automatic fingerprint identification system and transmit data to the Washington state patrol automatic fingerprint identification system.

(2) A local law enforcement agency operating an automatic fingerprint identification system shall transmit data on fingerprint entries to the Washington state patrol electronically by computer. This requirement shall be in addition to those under RCW 10.98.050 and 43.43.740.

(3) Counties or local agencies that purchased or signed a contract to purchase an automatic fingerprint identification system prior to January 1, 1987, are exempt from the requirements of this section.

(4) The Washington state patrol shall adopt rules to implement this section.

Sec. 2. Section 8, chapter 152, Laws of 1972 ex. sess. as amended by section 13, chapter 201, Laws of 1985 and RCW 43.43.735 are each amended to read as follows:

(1) It shall be the duty of the sheriff or director of public safety of every county, and the chief of police of every city or town, and of every chief officer of other law enforcement agencies duly operating within this state, to cause the photographing and fingerprinting of all persons lawfully arrested for the commission of any criminal offense constituting a felony or gross misdemeanor, including juveniles: PROVIDED, That an exception may be made when the arrest is for a violation punishable as a gross misdemeanor and the arrested person is not taken into custody.

(2) It shall be the right, but not the duty, of the sheriff or director of public safety of every county, and the chief of police of every city or town, and every chief officer of other law enforcement agencies operating within this state to photograph and record the fingerprints of all persons lawfully arrested, or all persons who are the subject of dependency record information.

(3) Such sheriffs, directors of public safety, chiefs of police, and other chief law enforcement officers, may record, in addition to photographs and fingerprints, the palmprints, soleprints, toeprints, or any other identification data of all persons lawfully arrested for the commission of any criminal offense, or all persons who are the subject of dependency record information, when in the discretion of such law enforcement officers it is necessary for proper identification of the arrested person or the investigation of the crime with which he is charged.

(4) It shall be the duty of the court having jurisdiction over the dependency action to cause the fingerprinting of all persons who are the subject of dependency record information and to obtain other necessary identifying information, as specified by the section in rules promulgated pursuant to chapter 34.04 RCW to carry out the provisions of this subsection.

(5) The court having jurisdiction over the dependency action may obtain and record, in addition to fingerprints, the photographs, palmprints, soleprints, toeprints, or any other identification data of all persons who are the subject of dependency record information, when in the discretion of the court it is necessary for proper identification of the person.

Sec. 3. Section 9, chapter 152, Laws of 1972 ex. sess. as amended by section 14, chapter 201, Laws of 1985 and RCW 43.43.740 are each amended to read as follows:

((~~Except as provided in RCW 43.43.755 relating to the fingerprinting of juveniles:~~))

(1) It shall be the duty of the sheriff or director of public safety of every county, and the chief of police of every city or town, and of every chief officer of other law enforcement agencies duly operating within this state to furnish within seventy-two hours from the time of arrest to the section the required sets of fingerprints together with other identifying data as may be prescribed by the chief, of any person lawfully arrested, fingerprinted, and photographed pursuant to RCW 43.43.735.

(2) Law enforcement agencies may retain and file copies of the fingerprints, photographs, and other identifying data and information obtained pursuant to RCW 43.43.735. Said records shall remain in the possession of the law enforcement agency as part of the identification record and are not returnable to the subjects thereof.

(3) It shall be the duty of the court having jurisdiction over the dependency action to furnish dependency record information, obtained pursuant to RCW 43.43.735, to the section within seven days, excluding Saturdays, Sundays, and holidays, from the date that the court enters a finding, pursuant to a dependency action brought under chapter 13.34 RCW, that a person over the age of eighteen, who is a party to the dependency action, has sexually molested, sexually abused, or sexually exploited a child.

(4) The court having jurisdiction over the dependency action may retain and file copies of the fingerprints, photographs, and other identifying data and information obtained pursuant to RCW 43.43.735. These records shall remain in the possession of the court as part of the identification record and are not returnable to the subjects thereof.

NEW SECTION. Sec. 4. A new section is added to chapter 43.43 RCW to read as follows:

Whenever fingerprints are required pursuant to state law to be taken from an applicant for a license, the agency taking the fingerprints shall transmit them to the Washington state patrol which shall enter them into the automatic fingerprint identification system.

The Washington state patrol shall adopt rules concerning submission of fingerprints taken by local agencies after the effective date of this section from persons for license application or other noncriminal purposes. The Washington state patrol may charge a fee of up to ten dollars for each submission.

NEW SECTION. Sec. 5. The chief officer of every local law enforcement agency shall furnish to the Washington state patrol all fingerprints taken between July 1, 1983, and the effective date of this section from juveniles.

Sec. 6. Section 5, chapter 17, Laws of 1984 as amended by section 2, chapter 201, Laws of 1985 and RCW 10.98.050 are each amended to read as follows:

(1) ((~~Except in the case of juveniles,~~)) It is the duty of the chief law enforcement officer or the local director of corrections to transmit within seventy-two hours from the time of arrest to the section fingerprints together with other identifying data as may be prescribed by the section, and statutory violations of any person lawfully arrested, fingerprinted, and photographed under RCW 43.43.735. The disposition report shall be transmitted to the prosecuting attorney.

(2) At the preliminary hearing or the arraignment of a felony case, the judge shall ensure that the felony defendants have been fingerprinted and an arrest and fingerprint form transmitted to the section. In cases where fingerprints have not been taken, the judge shall order the chief law enforcement officer of the jurisdiction or the local director of corrections to initiate an arrest and fingerprint form and transmit it to the section. The disposition report shall be transmitted to the prosecuting attorney.

(((3) The chief law enforcement officer of the jurisdiction shall initiate an arrest and fingerprint form for all juveniles who are fifteen years of age or older at the time the offense was committed and who are adjudicated of offenses that would be felonies if the juveniles were adults, and transmit the information within seventy-two hours to the section. The administrator of juvenile court services shall assist the chief law enforcement officer of the jurisdiction in developing procedures for obtaining the identification and disposition information required in this subsection, and the procedures shall be subject to the approval of the juvenile court judge. The juvenile information section of the administrator for the courts may assist the juvenile court with providing the section arrest and fingerprint forms, other identification, or other criminal history information.))

Sec. 7. Section 5, chapter 13, Laws of 1965 as last amended by section 5, chapter 97, Laws of 1984 and RCW 26.44.050 are each amended to read as follows:

Upon the receipt of a report concerning the possible occurrence of abuse or neglect, it shall be the duty of the law enforcement agency or the department of social and health services to investigate and provide the protective services section with a report in accordance with the provision of chapter 74.13 RCW, and where necessary to refer such report to the court.

A law enforcement officer may take, or cause to be taken, a child into custody without a court order if there is probable cause to believe that the child is abused or neglected and that the child would be injured or could not be taken into custody if it were necessary to first obtain a court order pursuant to RCW 13.34.050. ((~~Notwithstanding the provisions of RCW 13.04.130 as now or hereafter amended,~~)) The law enforcement agency or the department of social and health services investigating such a report is hereby authorized to photograph such a child or adult dependent person for the purpose of providing documentary evidence of the physical condition of the child or disabled person.

NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

(1) Section 2, chapter 132, Laws of 1945, section 7, chapter 155, Laws of 1979, section 1, chapter 267, Laws of 1983 and RCW 13.04.130; and

(2) Section 12, chapter 152, Laws of 1972 ex. sess. and RCW 43.43.755.

NEW SECTION. Sec. 9. (1) The sum of five million four hundred fifty-one thousand dollars, or so much thereof as may be necessary, is appropriated to the Washington state patrol from the general fund for the biennium ending June 30, 1989, for the purpose of establishing and operating the automatic fingerprint identification system under RCW 43.43.560, and for the purchase of remote tenprint and latent input systems, and remote terminals.

(2) The state patrol shall develop rules and criteria to determine which local jurisdictions are eligible to receive terminals or remote systems under this act: PROVIDED, That a remote tenprint and latent input system shall be located in eastern Washington; a remote tenprint and latent input system shall be located in western Washington if the recipient local jurisdiction pays for thirty percent of the system's purchase cost; and at least twelve terminals shall be distributed throughout the state. However, no local jurisdiction may receive a terminal or remote tenprint and latent input system unless:

(a) The local jurisdiction agrees to connect the terminal or remote system to the state automatic fingerprint identification system;

(b) The local jurisdiction has submitted or will submit fingerprints under section 5 of this act;

(c) The local jurisdiction agrees that all terminal and remote system operators and technicians will be trained and certified by the Washington state patrol;

(d) The local jurisdiction agrees to pay all personnel, operating, installation, and maintenance costs associated with the terminals and remote systems, including the costs of transmitting data to the state system; and

(e) The local jurisdiction agrees to make the terminal or remote system available to other local law enforcement agencies, but the local jurisdiction may enter into an agreement with these other local law enforcement agencies for reimbursement for the costs associated with their use.