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; creating new sections; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that individuals convicted of committing certain violent or sexual offenses are unlikely to be rehabilitated through incarceration and are likely to reoffend. In light of the seriousness of their offenses, the legislature declares that the purpose of this act is to provide for the public safety by enabling law enforcement authorities to observe these offenders and by permitting the general public to be aware of those offenders who reside in close proximity to their neighborhoods.

NEW SECTION. Sec. 2. A new section is added to chapter 9A.44 RCW to read as follows:

(1) Every person residing in this state who has been convicted of a sexual offense in this state or any other state after June 30, 1984, shall register with the sheriff in the county where the offender resides within twenty days of taking that residence. Persons otherwise subject to the provisions of sections 2 through 7 of this act are exempt from this registration requirement so long as they are residing at a correctional institution or jail.

(2) The person shall provide the county sheriff with the following information: (a) Name; (b) address; (c) place of employment; (d) crime or crimes convicted of; (e) date and place of conviction or convictions; (f) photograph; (g) fingerprints; (h) date and place of birth; (i) physical description; and (j) social security number.

(3) Changes in any of the above information shall be reported to the sheriff within twenty days.

(4) The sheriff shall immediately transmit this information to the state patrol.

(5) "Sexual offense" for the purposes of this section means any violation of the following or a substantially equivalent crime in another state.

@h0!tm3,1,2 !tc@beCRIME@ee !tc@beRCW@ee !tc@beCLASSIFICATION@ee@h1

!tp5,1,2 !ix(a) Rape in the first degree !tc9A.44.040 !tlClass A felony

(b) Rape in the second degree !tc9A.44.050 !tlClass B felony

(d) Rape of a child in the

!sc ,4 first degree !tc9A.44.073 !tlClass A felony

(e) Rape of a child in the

!sc ,4 second degree !tc9A.44.076 !tlClass B felony

(f) Rape of a child in the

!sc ,4 third degree !tc9A.44.079 !tlClass C felony

(g) Child molestation in the

!sc ,4 first degree !tc9A.44.083 !tlClass B felony

(h) Child molestation in the

!sc ,4 second degree !tc9A.44.086 !tlClass B felony

(i) Child molestation in the

!sc ,4 third degree !tc9A.44.089 !tlClass C felony

(j) Sexual misconduct with a minor

!sc ,4 in the first degree !tc9A.44.093 !tl Class C felony

(k) Sexual misconduct with a minor

!sc ,4 in the second degree !tc9A.44.096 !tlGross misdemeanor

(l) Indecent liberties !tc9A.44.100 !tlClass B felony

(m) Incest in the first degree !tc9A.64.020(1) !tlClass B felony

!sc ,4Where "descendent" is

!sc ,4less than eighteen years of age

!sc ,4and either child, stepchild, or

!sc ,4adopted child of offender.

(n) Incest in the second degree !tc9A.64.020(2) !tlClass C felony

!sc ,4Where "descendent" is

!sc ,4less than eighteen years of age

!sc ,4and either child, stepchild, or

!sc ,4adopted child of offender.

(o) Criminal attempt !tc9A.28.020 !tlOne step lower

!sc ,4Where crime attempted !tj1!tlthan crime

!sc ,4is enumerated above in !tj1!tlattempted

!sc ,4subsections (a) through (n).

(p) Criminal solicitation !tc9A.28.030 !tlSame as attempt

!sc ,4Where crime solicited

!sc ,4is enumerated above in

!sc ,4subsections (a) through (n).

(q) Murder in the first degree !tc9A.32.030(1)(c)(2) !tl!sc ,2Class A felony

!sc ,4Where crime committed

!sc ,4or attempted is either rape in the

!sc ,4first or second degree.

(r) Murder in the first degree !tc9A.32.050(1)(b) !tlClass A felony

!sc ,4Where felony committed

!sc ,4or attempted is enumerated

!sc ,4above in subsections (a)

!sc ,4through (n).

(s) Homicide by abuse !tc9A.32.055 !tlClass A felony

(t) Assault in the second degree !tc9A.36.021(1)(f) !tlClass B felony

!sc ,4Where felony intended

!sc ,4is enumerated above in

!sc ,4subsections (a) through (n).

(u) Kidnapping in the first degree !tc9A.40.020(1)(b) !tlClass A felony

!sc ,4or second degree !tc9A.40.030 !tlClass B felony

!sc ,4Where felony intended

!sc ,4is enumerated above in

!sc ,4subsections (a) through (n).

(v) Burglary in the first degree !tc9A.52.020 !tlClass A felony

!sc ,4Where felony intended

!sc ,4is enumerated above in

!sc ,4subsections (a) through (n).

(w) Burglary in the second degree !tc9A.52.030 !tlClass B felony

!sc ,4Where felony intended

!sc ,4is enumerated above in

!sc ,4subsections (a) through (n).

(x) Any other felony which was

!sc ,4committed to further the

!sc ,4commission of one of the

!sc ,4offenses enumerated above in

!sc ,4subsections (a) through (n).

@h3 (6) Failure to register in accordance with this section is a class C felony.

NEW SECTION. Sec. 3. A new section is added to chapter 43.43 RCW to read as follows:

(1) The state patrol shall maintain a central registry of persons convicted of sexual offenses as defined in section 2 of this act and shall adopt such rules as are necessary to carry out its responsibilities under the provisions of sections 2 through 7 of this act.

(2) Notwithstanding the provisions of chapter 10.97 RCW, names, photographs, and physical descriptions of persons convicted of a sexual offense as defined in section 2 (5) of this act shall be releasable to the public.

(3) Neither the state patrol, its employees, the county sheriff, the sheriffs' employees, nor others acting as their agents in furtherance of sections 2 through 7 of this act shall be liable for defamation, invasion of privacy, negligence, or any other claim in connection with dissemination of information according to this section.

(4) The state patrol shall adopt regulations limiting and governing the dissemination of information according to this section. In developing such regulations, the state patrol shall take into account the views of law enforcement agencies and prosecutors.

NEW SECTION. Sec. 4. A new section is added to chapter 72.09 RCW to read as follows:

The department shall provide written notification and secure written acknowledgements of the registration requirements of section 2 of this act at the time of the inmate's release from confinement to an inmate convicted of a sexual offense as defined in section 2 of this act.

NEW SECTION. Sec. 5. A new section is added to chapter 70.48 RCW to read as follows:

A person having charge of a jail shall notify in writing any confined person who is in the custody of the jail for a conviction of a sexual offense as defined in section 2 of this act of the registration requirements of section 2 of this act at the time of the prisoner's release from confinement, and obtain written acknowledgment of such notification.

NEW SECTION. Sec. 6. 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 2 of this act.

NEW SECTION. Sec. 7. Any person having a duty to register under sections 2 through 7 of this act may petition the court to be relieved of that duty. The petition shall be made to the court in which the petitioner was convicted of the offense that subjects him or her to the duty to register, or, in the case of convictions in other states, to the court in Thurston county. The prosecuting attorney of the county shall be named and served as the respondent in any such petition. The court, in considering the petition, shall consider the nature of the registerable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction, and may consider other factors. The court may relieve the petitioner of the duty to register only if petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of sections 2 through 7 of this act.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.