SSB 5234



                              C 90 L 89



BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen, Talmadge, Madsen, Rasmussen, Sutherland and Gaspard; by request of Washington State Patrol)



Revising provisions for the criminal identification system.



Senate Committee on Law & Justice



House Committe on Judiciary



                         SYNOPSIS AS ENACTED




Concern exists that several provisions in the background check statute need clarification, specifically:  (1) The present definition of "conviction record" is too broad, including records of both convictions and "charges" (statutes prohibit access to records of charges); (2) the definition title does not clearly state the intended focus concerns offenses against children and developmentally disabled; (3) a number of offenses which might be of interest to businesses and organizations requesting information were omitted from the original language; (4) current language does not permit inquiry into later unprofessional conduct charges which might follow disciplinary board final decisions; (5) the processing time of 14 days is too limited as it includes nonworking days; (6) the identification card issued by the State Patrol has no expiration date; once a person obtains a card, any subsequent conviction of crimes against persons could go undetected by businesses or organizations hiring staff members.




(1) The definition of "conviction record" is amended to exclude "charges;" (2) the definition title "Crime against persons" is changed to "Crime against children or other persons" to clarify the intended focus on children and the developmentally disabled; (3) the following offenses are added to the existing list of crimes:  child abuse or neglect as defined in RCW 26.44.020; first or second degree custodial interference; malicious harassment; first, second, or third degree child molestation; first or second degree sexual misconduct with a minor; first or second degree rape of a child; patronizing a juvenile prostitute; child abandonment; promoting pornography; selling or distributing erotic material to a minor; custodial assault; violation of child abuse restraining order; child buying or selling; prostitution; or any of these crimes as they may be renamed in the future; (4) the statute is amended to permit inquiry into disciplinary board charges following final decisions of the board; (5) the processing time is increased to 14 working days; (6) identification cards will expire in two years.





     Senate   47    0

     House 96  0 (House amended)

     Senate   45    0 (Senate concurred)


EFFECTIVE:July 23, 1989