S-262                 _______________________________________________

                                                   SENATE BILL NO. 5114

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Pullen, Niemi, Thorsness, Madsen, McCaslin, Bailey, Lee, Saling, von Reichbauer, Benitz and Johnson

Read first time 1/13/89 and referred to Committee on Law & Justice.

AN ACT Relating to registration of sexual offenders; adding a new section to chapter 9A.44 RCW; adding a new section to chapter 43.43 RCW; adding a new section to chapter 72.09 RCW; adding a new section to chapter 70.48 RCW; adding a new section to chapter 46.20 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9A.44 RCW to read as follows:

          (1) All persons residing in this state who have been convicted of any sexual offenses in this state or any other state are required to register with the chief law enforcement officer in the county where the offender resides.

          (2) The person shall provide the chief law enforcement officer with the following information: (a) Name; (b) address; (c) place of employment; (d) crime convicted of; and (e) date and place of conviction.

          (3) The chief law enforcement officer shall immediately transmit such information to the state patrol.

          (4) "Sexual offense" for the purposes of this section means any violation of this chapter or an equivalent crime in another state.

          (5) Violation of this section is a gross misdemeanor.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.43 RCW to read as follows:

          The state patrol shall maintain a central registry of sexual offenders convicted of sexual offenses as defined in section 1 of this act and shall adopt such rules as necessary in carrying out the provisions of this section.  Records in the central registry shall be considered confidential and privileged and will not be available except upon court order to any person or agency except (1) law enforcement agencies as defined in this chapter in the course of an investigation; (2) any person engaged in a bona fide research purpose, as determined by the state patrol, according to rules, provided that information identifying the persons of the registry shall remain privileged; and (3) any individual whose name appears on the registry shall have access to his or her own records.

          Those persons or agencies exempted by this section from the confidentiality of the records of the registry shall not further disseminate or release such information so provided to them and shall respect the confidentiality of such information, and any violation of this section shall constitute a misdemeanor.

          Neither the state patrol, its employees, nor the chief law enforcement officer of any county is liable for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information pursuant to this section.

NEW SECTION. Sec. 3.  A new section is added to chapter 72.09 RCW to read as follows:

          The department shall provide written notification to an inmate convicted of a sexual offense as defined in section 1 of this act of the registration requirements of section 1 of this act at the time of the inmate's release from confinement.

NEW SECTION. Sec. 4.  A new section is added to chapter 70.48 RCW to read as follows:

          A person having charge of a jail shall notify any prisoner or confined person in the custody of the jail because of a conviction of a sexual offense as defined in section 1 of this act of the registration requirements of section 1 of this act at the time of the prisoner's release from confinement.

NEW SECTION. Sec. 5.  A new section is added to chapter 46.20 RCW to read as follows:

          The department, at the time a person surrenders a driver's license from another jurisdiction pursuant to RCW 46.20.021 and makes an application for a driver's license or an identicard, shall provide the applicant with written information on the registration requirements of section 1 of this act.