HOUSE BILL NO. 1912
C 006 L 89
State of Washington 51st Legislature 1989 Regular Session
By Representatives Bowman, Patrick, Brumsickle, Belcher, Padden, Tate, Walker, Wolfe, Silver, Fraser, Van Luven, Schmidt, Moyer, Brough, Betrozoff, Locke, Brooks, Vekich, Appelwick, Wood, Youngsman, McLean, Baugher, D. Sommers, Scott, Holland, Horn, Winsley, Dorn, Doty and Rasmussen
Read first time 2/10/89 and referred to Committee on Judiciary.
AN ACT Relating to fingerprinting; amending RCW 10.98.050; and reenacting and amending RCW 43.43.735.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 5, chapter 17, Laws of 1984 as last amended by section 6, chapter 450, Laws of 1987 and RCW 10.98.050 are each amended to read as follows:
(1) 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, or, in the case of a juvenile, the juvenile court administrator to initiate an arrest and fingerprint form and transmit it to the section. The disposition report shall be transmitted to the prosecuting attorney.
Sec. 2. Section 8, chapter 152, Laws of 1972 ex. sess. as last amended by section 2, chapter 450, Laws of 1987 and by section 12, chapter 486, Laws of 1987 and RCW 43.43.735 are each reenacted and amended to read as follows:
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 adults and juveniles lawfully arrested
for the commission of any criminal offense constituting a felony or gross
: PROVIDED, That an)). (a) When such juveniles are
brought directly to a juvenile detention facility, the juvenile court
administrator is also authorized, but not required, to cause the photographing,
fingerprinting, and record transmittal to the appropriate law enforcement
agency; and (b) a further 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 adults 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 whose photograph and fingerprints are required or allowed to be taken under this section, 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.
shall be the duty of the department of licensing or the court having
jurisdiction over the dependency action to cause the fingerprinting of all
persons who are the subject of a disciplinary board final decision or
dependency record information or to obtain other necessary identifying
information, as specified by the section in rules ((
promulgated pursuant to))
adopted under chapter (( 34.04)) 34.05 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.