S-3570               _______________________________________________

                                                   SENATE BILL NO. 6287

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Thorsness, Stratton, Metcalf, Owen, Amondson, Smith, Craswell, Newhouse, Nelson, McCaslin, Saling, Rasmussen, Lee, Bailey, Johnson, Bluechel, Hayner, Anderson, Benitz, West, Warnke and Bauer

Read first time 1/10/90 and referred to Committee on  Law & Justice.

AN ACT Relating to registration of sexual offenders; adding a new section to chapter 43.43 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1.     The legislature finds that certain sexual offenders are pedophiles who seek opportunities to work or interact with children in order to find potential victims to molest.   These offenders are frequently attracted to occupations and organizations that offer services to children through volunteers or professionals.  The legislature also finds that these organizations and occupations rarely have ready access to conviction data on sexual offenders that would allow the organizations and occupations to screen out those applicants who present a proven threat to children.  It is the intent of the legislature to provide a mechanism whereby such information will be readily available to those organizations and occupations so that our children may be protected.

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

          (1) The state patrol shall compile and maintain a central registry of offenders convicted of or placed on diversion for a sexual offense within this state and shall, to the extent practicable, include offenders convicted of a sexual offense in another state who reside within this state.

          (2) Offender information shall be identifiable by fingerprints and name.  The central registry records shall be confidential and shall be releasable only as follows:

          (a) To a law enforcement agency in the course of an investigation;

          (b) To an organization, corporation, agency, or person who employs or utilizes persons, for pay or otherwise, to work with or provide services to children if the organization, corporation, agency, or person enters into an agreement with the state patrol to obtain information from the registry.  Only information about persons who are seeking employment with that organization, corporation, or person shall be released.  The agreement shall limit the use of the information by the organization, corporation, agency, or person to making employment decisions;

          (c) To persons engaged in bona fide research, as determined by the state patrol, if the person enters into an agreement with the state patrol limiting the release of information by the person of registry records;

          (d) To an individual whose name appears on the registry as to his or her own records; or

          (e) Pursuant to a court order.

          (3) A person or agency who disseminates information from the central registry in violation of this section is guilty of a misdemeanor.

          (4) The state patrol, its employees, and the chief law enforcement officer of any county shall not be liable for defamation, invasion of privacy, negligence, or any other claim in connection with the dissemination of information under this section.

          (5) The state patrol shall adopt rules to implement this section.