HOUSE BILL REPORT

HB 1044

BYRepresentatives Inslee, Schmidt, R. Meyers, Heavey, Baugher, Rayburn, Winsley, P. King, Wineberry, Patrick and Gallagher; by request of Washington State Patrol

Revising provisions for the criminal identification system.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (18)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Inslee, P. King, Locke, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, Tate, Van Luven and Wineberry.

House Staff:Regina Jones (786-7191)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 1, 1989

BACKGROUND:

In 1987, the Legislature authorized the Washington State Patrol criminal identification system to provide background information on prospective employees and volunteers to businesses and organizations which provide services to children or developmentally disabled persons. Upon the request of such a business or organization, the State Patrol will provide information on the applicant's conviction records, civil child abuse adjudications and disciplinary board final decisions. For specified purposes, the State Patrol may also disclose this information to the State Board of Education, law enforcement agencies and the Department of Social and Health Services.

An applicant must be notified that conviction record information may be requested from the State Patrol. The applicant is required to make certain disclosures in writing and under oath concerning conviction record information. The business or organization requesting the conviction record information must provide the applicant with a copy of the State Patrol's response.  This information may only be used by the business or organization in making an initial employment decision. Further dissemination of this information is prohibited. If no information is found, an identification declaring the showing of no evidence must be issued to the applicant in 14 days. This identification satisfies future background check requirements for the applicant.

SUMMARY:

SUBSTITUTE BILL:  The definition of "conviction record" is amended to conform to the Washington State Criminal Privacy Act. The definition of "persons" against whom crimes can be committed is modified to specifically include children.

Several crimes are added to the list of offenses which are reported by the criminal identification system.

The provision requiring disclosure by the criminal identification system of a prospective employee's record for disciplinary board final decisions is amended to also require disclosure of subsequent criminal charges relating to the disciplinary board proceedings.

An identification declaring the showing of no evidence of any convictions must be issued by the State Patrol within 14 working days of the request for conviction record information.  This identification will satisfy future background check requirements for only a two-year period.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute clarifies that it is subsequent criminal charges arising out of disciplinary board final decisions that will be reported.  One additional section is added to include crimes against children.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    None Presented.

House Committee - Testimony Against:      None Presented.