AN ACT Relating to
dissemination of criminal history information; and amending RCW 43.43.815 and
43.43.839.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.43.815 and 1982 c
202 s 1 are each amended to read as follows:
(1) Notwithstanding any
provision of RCW 43.43.700 through 43.43.810 to the contrary, the Washington
state patrol shall furnish a ((transcript of the)) conviction record, as
defined in RCW 10.97.030, pertaining to any person of whom the Washington state
patrol has a record upon the written or electronic request of any employer
for the purpose of:
(a) Securing a bond
required for any employment;
(b) Conducting
preemployment and postemployment evaluations of employees and prospective
employees who, in the course of employment, may have access to information
affecting national security, trade secrets, confidential or proprietary
business information, money, or items of value; or
(c) Assisting an
investigation of suspected employee misconduct where such misconduct may also
constitute a penal offense under the laws of the United States or any state.
(2) When an employer
has received a conviction record under subsection (1) of this section, the
employer shall notify the subject of the record of such receipt within thirty
days after receipt of the record, or upon completion of an investigation under
subsection (1)(c) of this section. The employer shall make the record
available for examination by its subject and shall notify the subject of such
availability.
(3) The Washington
state patrol shall charge fees for disseminating records pursuant to this
section which will cover, as nearly as practicable, the direct and indirect
costs to the Washington state patrol of disseminating such records.
(4) Information
disseminated pursuant to this section or RCW 43.43.760 shall be available only
to persons involved in the hiring, background investigation, or job assignment
of the person whose record is disseminated and shall be used only as necessary
for those purposes enumerated in subsection (1) of this section.
(5) Any person may
maintain an action to enjoin a continuance of any act or acts in violation of
any of the provisions of this section, and if injured thereby, for the recovery
of damages and for the recovery of reasonable attorneys' fees. If, in such
action, the court finds that the defendant is violating or has violated any of
the provisions of this section, it shall enjoin the defendant from a
continuance thereof, and it shall not be necessary that actual damages to the
plaintiff be alleged or proved. In addition to such injunctive relief, the
plaintiff in the action is entitled to recover from the defendant the amount of
the actual damages, if any, sustained by him if actual damages to the plaintiff
are alleged and proved. In any suit brought to enjoin a violation of this
chapter, the prevailing party may be awarded reasonable attorneys' fees,
including fees incurred upon appeal. Commencement, pendency, or conclusion of
a civil action for injunction or damages shall not affect the liability of a
person or agency to criminal prosecution for a violation of chapter 10.97 RCW.
(6) Neither the
section, its employees, nor any other agency or employee of the state is liable
for defamation, invasion of privacy, negligence, or any other claim in
connection with any dissemination of information pursuant to this section or
RCW 43.43.760.
(7) The Washington
state patrol may adopt rules and forms to implement this section and to provide
for security and privacy of information disseminated pursuant hereto, giving
first priority to the criminal justice requirements of chapter 43.43 RCW. Such
rules may include requirements for users, audits of users, and other procedures
to prevent use of criminal history record information inconsistent with this
section.
(8) Nothing in this
section shall authorize an employer to make an inquiry not otherwise authorized
by law, or be construed to affect the policy of the state declared in RCW
9.96A.010, encouraging the employment of ex-offenders.
Sec. 2. RCW 43.43.839 and 1992 c
159 s 8 are each amended to read as follows:
The fingerprint
identification account is created in the custody of the state treasurer. All
receipts from incremental charges of fingerprint checks requested ((by
school districts)) for noncriminal justice purposes and electronic
background requests shall be deposited in the account. Receipts for
fingerprint checks by the federal bureau of investigation may also be deposited
in the account. Expenditures from the account may be used only for the cost of
record checks. Only the chief of the state patrol or the chief's designee may
authorize expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW. No appropriation is required for
expenditures prior to July 1, ((1995)) 1997. After June 30, ((1995))
1997, the account shall be subject to appropriation.
