AN
ACT Relating to security on campuses of institutions of higher education;
reenacting and amending RCW 9A.44.130; and adding a new section to chapter
9A.44 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9A.44.130 and 1997 c 340 s 3 and 1997 c 113 s 3 are each reenacted and amended
to read as follows:
(1)
Any adult or juvenile residing in this state who has been found to have
committed or has been convicted of any sex offense or kidnapping offense, or
who has been found not guilty by reason of insanity under chapter 10.77 RCW of
committing any sex offense or kidnapping offense, shall register with the
county sheriff for the county of the person's residence. In addition, any
such adult or juvenile who is admitted to a public or private institution of
higher education shall, within ten days of enrolling or by the first business
day after arriving at the institution, whichever is earlier, notify the sheriff
for the county of the person's residence of the person's intent to attend the
institution. Persons required to register under this section who are enrolled
in a public or private institution of higher education on the effective date of
this act must notify the county sheriff immediately. The sheriff shall notify
the institution's department of public safety and shall provide that department
with the same information provided to a county sheriff under subsection (3) of
this section.
(2)
This section may not be construed to confer any powers pursuant to RCW
4.24.500 upon the public safety department of any public or private institution
of higher education.
(3)
The person shall provide the county sheriff with the following information when
registering: (a) Name; (b) address; (c) date and place of birth; (d) place of
employment; (e) crime for which convicted; (f) date and place of conviction;
(g) aliases used; and (h) social security number.
(((3)))
(4)(a) Offenders shall register with the county sheriff within
the following deadlines. For purposes of this section the term
"conviction" refers to adult convictions and juvenile adjudications
for sex offenses or kidnapping offenses:
(i)
OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex offense on,
before, or after February 28, 1990, and who, on or after July 28, 1991, are in
custody, as a result of that offense, of the state department of corrections,
the state department of social and health services, a local division of youth
services, or a local jail or juvenile detention facility, and (B) kidnapping
offenders who on or after July 27, 1997, are in custody of the state department
of corrections, the state department of social and health services, a local
division of youth services, or a local jail or juvenile detention facility,
must register within twenty-four hours from the time of release with the county
sheriff for the county of the person's residence. The agency that has
jurisdiction over the offender shall provide notice to the offender of the duty
to register. Failure to register within twenty-four hours of release
constitutes a violation of this section and is punishable as provided in subsection
(((7))) (8) of this section.
(ii)
OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders
who, on July 28, 1991, are not in custody but are under the jurisdiction of the
indeterminate sentence review board or under the department of correction's
active supervision, as defined by the department of corrections, the state
department of social and health services, or a local division of youth
services, for sex offenses committed before, on, or after February 28, 1990,
must register within ten days of July 28, 1991. Kidnapping offenders who, on
July 27, 1997, are not in custody but are under the jurisdiction of the
indeterminate sentence review board or under the department of correction's
active supervision, as defined by the department of corrections, the state
department of social and health services, or a local division of youth
services, for kidnapping offenses committed before, on, or after July 27, 1997,
must register within ten days of July 27, 1997. A change in supervision status
of a sex offender who was required to register under this subsection (((3)))
(4)(a)(ii) as of July 28, 1991, or a kidnapping offender required to
register as of July 27, 1997, shall not relieve the offender of the duty to
register or to reregister following a change in residence. The obligation to
register shall only cease pursuant to RCW 9A.44.140.
(iii)
OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23,
1995, and kidnapping offenders who, on or after July 27, 1997, as a result of
that offense are in the custody of the United States bureau of prisons or other
federal or military correctional agency for sex offenses committed before, on,
or after February 28, 1990, or kidnapping offenses committed on, before, or
after July 27, 1997, must register within twenty-four hours from the time of
release with the county sheriff for the county of the person's residence. Sex
offenders who, on July 23, 1995, are not in custody but are under the
jurisdiction of the United States bureau of prisons, United States courts,
United States parole commission, or military parole board for sex offenses
committed before, on, or after February 28, 1990, must register within ten days
of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not in
custody but are under the jurisdiction of the United States bureau of prisons,
United States courts, United States parole commission, or military parole board
for kidnapping offenses committed before, on, or after July 27, 1997, must
register within ten days of July 27, 1997. A change in supervision status of a
sex offender who was required to register under this subsection (((3))) (4)(a)(iii)
as of July 23, 1995, or a kidnapping offender required to register as of July
27, 1997 shall not relieve the offender of the duty to register or to
reregister following a change in residence. The obligation to register shall
only cease pursuant to RCW 9A.44.140.
(iv)
OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted
of a sex offense on or after July 28, 1991, for a sex offense that was
committed on or after February 28, 1990, and kidnapping offenders who are
convicted on or after July 27, 1997, for a kidnapping offense that was
committed on or after July 27, 1997, but who are not sentenced to serve a term
of confinement immediately upon sentencing, shall report to the county sheriff
to register immediately upon completion of being sentenced.
(v)
OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex
offenders and kidnapping offenders who move to Washington state from another
state or a foreign country that are not under the jurisdiction of the state
department of corrections, the indeterminate sentence review board, or the
state department of social and health services at the time of moving to
Washington, must register within thirty days of establishing residence or
reestablishing residence if the person is a former Washington resident. The
duty to register under this subsection applies to sex offenders convicted under
the laws of another state or a foreign country, federal or military statutes,
or Washington state for offenses committed on or after February 28, 1990, and
to kidnapping offenders convicted under the laws of another state or a foreign
country, federal or military statutes, or Washington state for offenses
committed on or after July 27, 1997. Sex offenders and kidnapping offenders
from other states or a foreign country who, when they move to Washington, are
under the jurisdiction of the department of corrections, the indeterminate
sentence review board, or the department of social and health services must
register within twenty-four hours of moving to Washington. The agency that has
jurisdiction over the offender shall notify the offender of the registration
requirements before the offender moves to Washington.
(vi)
OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who
has been found not guilty by reason of insanity under chapter 10.77 RCW of (A)
committing a sex offense on, before, or after February 28, 1990, and who, on or
after July 23, 1995, is in custody, as a result of that finding, of the state
department of social and health services, or (B) committing a kidnapping
offense on, before, or after July 27, 1997, and who on or after July 27, 1997,
is in custody, as a result of that finding, of the state department of social
and health services, must register within twenty-four hours from the time of
release with the county sheriff for the county of the person's residence. The
state department of social and health services shall provide notice to the
adult or juvenile in its custody of the duty to register. Any adult or
juvenile who has been found not guilty by reason of insanity of committing a
sex offense on, before, or after February 28, 1990, but who was released before
July 23, 1995, or any adult or juvenile who has been found not guilty by reason
of insanity of committing a kidnapping offense but who was released before July
27, 1997, shall be required to register within twenty-four hours of receiving
notice of this registration requirement. The state department of social and
health services shall make reasonable attempts within available resources to
notify sex offenders who were released before July 23, 1995, and kidnapping
offenders who were released before July 27, 1997. Failure to register within
twenty-four hours of release, or of receiving notice, constitutes a violation
of this section and is punishable as provided in subsection (((7))) (8)
of this section.
(b)
Failure to register within the time required under this section constitutes a
per se violation of this section and is punishable as provided in subsection (((7)))
(8) of this section. The county sheriff shall not be required to
determine whether the person is living within the county.
(c)
An arrest on charges of failure to register, service of an information, or a
complaint for a violation of this section, or arraignment on charges for a
violation of this section, constitutes actual notice of the duty to register.
Any person charged with the crime of failure to register under this section who
asserts as a defense the lack of notice of the duty to register shall register
immediately following actual notice of the duty through arrest, service, or
arraignment. Failure to register as required under this subsection (c)
constitutes grounds for filing another charge of failing to register.
Registering following arrest, service, or arraignment on charges shall not
relieve the offender from criminal liability for failure to register prior to
the filing of the original charge.
(d)
The deadlines for the duty to register under this section do not relieve any
sex offender of the duty to register under this section as it existed prior to
July 28, 1991.
(((4)))
(5)(a) If any person required to register pursuant to this section
changes his or her residence address within the same county, the person must
send written notice of the change of address to the county sheriff at least
fourteen days before moving. If any person required to register pursuant to
this section moves to a new county, the person must send written notice of the
change of address at least fourteen days before moving to the county sheriff in
the new county of residence and must register with that county sheriff within
twenty-four hours of moving. The person must also send written notice within
ten days of the change of address in the new county to the county sheriff with
whom the person last registered. If any person required to register pursuant
to this section moves out of Washington state, the person must also send
written notice within ten days of moving to the new state or a foreign country
to the county sheriff with whom the person last registered in Washington state.
(b)
It is an affirmative defense to a charge that the person failed to send a
notice at least fourteen days in advance of moving as required under (a) of
this subsection that the person did not know the location of his or her new
residence at least fourteen days before moving. The defendant must establish
the defense by a preponderance of the evidence and, to prevail on the defense,
must also prove by a preponderance that the defendant sent the required notice
within twenty-four hours of determining the new address.
(((5)))
(6) The county sheriff shall obtain a photograph of the individual and
shall obtain a copy of the individual's fingerprints.
(((6)))
(7) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470,
and 72.09.330:
(a)
"Sex offense" means any offense defined as a sex offense by RCW
9.94A.030 and any violation of RCW 9.68A.040 (sexual exploitation of a minor),
9.68A.050 (dealing in depictions of minor engaged in sexually explicit
conduct), 9.68A.060 (sending, bringing into state depictions of minor engaged in
sexually explicit conduct), 9.68A.090 (communication with minor for immoral
purposes), 9.68A.100 (patronizing juvenile prostitute), or 9A.44.096 (sexual
misconduct with a minor in the second degree), as well as any gross misdemeanor
that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or
criminal conspiracy to commit an offense that is classified as a sex offense
under RCW 9.94A.030.
(b)
"Kidnapping offense" means the crimes of kidnapping in the first
degree, kidnapping in the second degree, and unlawful imprisonment as defined
in chapter 9A.40 RCW, where the victim is a minor and the offender is not the
minor's parent.
(((7)))
(8) A person who knowingly fails to register with the county sheriff
or ((who moves without notifying)) notify the county sheriff as
required by this section is guilty of a class C felony if the crime for which
the individual was convicted was a felony or a federal or out-of-state
conviction for an offense that under the laws of this state would be a felony.
If the crime was other than a felony or a federal or out-of-state conviction
for an offense that under the laws of this state would be other than a felony,
violation of this section is a gross misdemeanor.
NEW
SECTION. Sec. 2. A
new section is added to chapter 9A.44 RCW to read as follows:
The
state patrol shall notify registered sex and kidnapping offenders of any change
to the registration requirements.
