WSR 98-24-085

PREPROPOSAL STATEMENT OF INQUIRY

WASHINGTON STATE PATROL

[Filed December 1, 1998, 2:02 p.m.]

Subject of Possible Rule Making: Amending WAC 446-16-070 Report contents--General, 446-16-080 Report time limitations, 446-16-100 Prosecutorial agencies--Reporting responsibilities, and 446-16-110 Courts--Reporting responsibilities.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 10.98 RCW as amended by SSB 6535, 1998 regular session.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Adds the option of electronically transferring disposition reports on approved forms; requires that the process control number (PCN) be included on dispositions if known; and updates the persons responsible for transmission of completed disposition information.

Process for Developing New Rule: The identification and criminal history section reviewed these WAC sections to ensure the language was current and standard.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ms. Toni Korneder, Washington State Patrol, P.O. Box 42633, Olympia, WA 98504-2633, phone (360) 705-5101, fax (360) 664-9461.

November 30, 1998

Annette M. Sandberg

Chief

OTS-2516.2

AMENDATORY SECTION (Amending WSR 97-05-048, filed 2/18/97, effective 3/21/97)

WAC 446-16-070  Report contents--General. The report of disposition shall be made on forms provided by the section((. The name of the subject about which the report is made, the designated fingerprints of the subject, the name of the original contributor of the fingerprint or arrest record, and the original arrest number shall be entered on the disposition report exactly the same)) or shall be transferred electronically on forms approved by the section. The disposition report shall include all arrest details as they ((appear)) appeared on the fingerprint card or arrest record previously forwarded to the section. The state identification number and PCN number should be indicated on the disposition report if known.

[Statutory Authority: Chapters 10.97 and 43.43 RCW. 97-05-048, § 446-16-070, filed 2/18/97, effective 3/21/97; Order 1, § 446-16-070, filed 2/11/74.]

AMENDATORY SECTION (Amending WSR 97-05-048, filed 2/18/97, effective 3/21/97)

WAC 446-16-080  Report time limitations. All of the information requested on the disposition report shall be completed and the report mailed or electronically transferred to the Washington state patrol identification and criminal history section, within 10 days of the date that a disposition becomes effective.

[Statutory Authority: Chapters 10.97 and 43.43 RCW. 97-05-048, § 446-16-080, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 10.97.080 and 10.97.090. 92-15-014, § 446-16-080, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 10.97.090. 91-22-055 (Order 91-007), § 446-16-080, filed 11/1/91, effective 12/2/91; Order 1, § 446-16-080, filed 2/11/74.]

AMENDATORY SECTION (Amending WSR 97-05-048, filed 2/18/97, effective 3/21/97)

WAC 446-16-100  Prosecutorial agencies--Reporting responsibilities. (1) The prosecutor or ((city attorney shall complete the disposition report)) county clerk shall promptly transmit the completed disposition information to the section if ((he)) the prosecutor determines not to file charges or the case is not otherwise acted upon by a judicial body. In such cases, the prosecutor or ((city attorney)) county clerk shall mail or transfer the completed disposition report to the section within 10 days from the date that it is determined no further judicial action will be taken on the charges.

[Statutory Authority: Chapters 10.97 and 43.43 RCW. 97-05-048, § 446-16-100, filed 2/18/97, effective 3/21/97; Order 1, § 446-16-100, filed 2/11/74.]

AMENDATORY SECTION (Amending WSR 97-05-048, filed 2/18/97, effective 3/21/97)

WAC 446-16-110  Courts--Reporting responsibilities. Where the disposition of criminal charges occurs as a result of action taken by or within the jurisdiction of any court in the state of Washington, the disposition of such charges shall be reported to the identification and criminal history section pursuant to rules of the supreme court of the state of Washington on forms approved by the supreme court and supplied by the section. However, in a county where the judicial information system or other secure method of electronic transfer of information has been implemented between the court and the section, the court may electronically provide the disposition information to the section.

[Statutory Authority: Chapters 10.97 and 43.43 RCW. 97-05-048, § 446-16-110, filed 2/18/97, effective 3/21/97; Order 1, § 446-16-110, filed 2/11/74.]