S-1745               _______________________________________________

                                                   SENATE BILL NO. 5894

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Owen, Lee, Warnke, Stratton, von Reichbauer and Rasmussen

Read first time 2/14/89 and referred to Committee on  Law & Justice.

AN ACT Relating to the major crimes investigation and assistance unit; adding new sections to chapter 43.10 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     There is hereby created in the criminal division of the office of the attorney general a major crimes investigation and assistance unit.

NEW SECTION. Sec. 2.     Unless the context clearly requires otherwise, the definitions in this section apply to sections 1 through 4 of this act.

          (1) "Unit" means the major crimes investigation and assistance unit.

          (2) "Major crimes" includes:  (a) First and second degree murder and attempted murder; (b) first degree rape; (c) first degree kidnapping; (d) first degree arson; and (e) first degree robbery.

NEW SECTION. Sec. 3.     The unit may provide assistance to law enforcement agencies throughout the state of Washington, at their request, in the investigation of major crimes.  The unit shall cooperate with other states and nations in investigations that could be related to crimes within the state of Washington.

          The unit shall develop a computer data bank and record system to store crime scene information, suspect lists, criminal evidence, and other information that would assist in major crimes investigations and make such data readily available to all law enforcement agencies throughout the state and further to work with other state agencies, states, the federal government, and other nations in developing compatible systems of collecting and disseminating criminal information.

NEW SECTION. Sec. 4.     All powers, duties, and functions of the Washington state patrol pertaining to the investigation of major crimes, the funding for which was provided by section 401(5), chapter 289, Laws of 1988,  are transferred to the attorney general.

          All reports, documents, surveys, books, records, files, papers, or written material in the possession of the Washington state patrol pertaining to the investigation of major crimes, funding for which was provided by section 401(5), chapter 289, Laws of 1988, shall be delivered to the custody of the attorney general.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the Washington state patrol in carrying out the powers, functions, and duties transferred shall be made available to the attorney general.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the attorney general.

          Any appropriations made to the Washington state patrol for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the attorney general.

          Whenever any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

          All rules and all pending business before the Washington state patrol pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the attorney general.  All existing contracts and obligations shall remain in full force and shall be performed by the attorney general.

          The transfer of the powers, duties, functions, and personnel of the Washington state patrol shall not affect the validity of any act performed prior to the effective date of this section.

          If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 5.     Sections 1 through 3 of this act are each added to chapter 43.10 RCW.