S-0679.2 _______________________________________________
SENATE BILL 5346
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State of Washington 56th Legislature 1999 Regular Session
By Senators Prentice, Heavey, West, Roach and Winsley
Read first time 01/20/1999. Referred to Committee on Commerce, Trade, Housing & Financial Institutions.
AN ACT Relating to dissemination of criminal history record information to the Washington horse racing commission; and amending RCW 10.97.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 10.97.050 and 1990 c 3 s 129 are each amended to read as follows:
(1) Conviction records may be disseminated without restriction.
(2) Any criminal history record information which pertains to an incident for which a person is currently being processed by the criminal justice system, including the entire period of correctional supervision extending through final discharge from parole, when applicable, may be disseminated without restriction.
(3) Criminal history record information which includes nonconviction data may be disseminated by a criminal justice agency to another criminal justice agency for any purpose associated with the administration of criminal justice, or in connection with the employment of the subject of the record by a criminal justice or juvenile justice agency. A criminal justice agency may respond to any inquiry from another criminal justice agency without any obligation to ascertain the purpose for which the information is to be used by the agency making the inquiry.
(4) Criminal history record information that includes nonconviction data may be disseminated by a criminal justice agency to the Washington state horse racing commission for any purpose associated with the investigation for suitability for involvement in horse racing activities authorized under chapter 67.16 RCW.
(5) Criminal history record information which includes nonconviction data may be disseminated by a criminal justice agency to implement a statute, ordinance, executive order, or a court rule, decision, or order which expressly refers to records of arrest, charges, or allegations of criminal conduct or other nonconviction data and authorizes or directs that it be available or accessible for a specific purpose.
(((5)))
(6) Criminal history record information which includes nonconviction
data may be disseminated to individuals and agencies pursuant to a contract
with a criminal justice agency to provide services related to the
administration of criminal justice. Such contract must specifically authorize
access to criminal history record information, but need not specifically state
that access to nonconviction data is included. The agreement must limit the
use of the criminal history record information to stated purposes and insure
the confidentiality and security of the information consistent with state law
and any applicable federal statutes and regulations.
(((6)))
(7) Criminal history record information which includes nonconviction
data may be disseminated to individuals and agencies for the express purpose of
research, evaluative, or statistical activities pursuant to an agreement with a
criminal justice agency. Such agreement must authorize the access to nonconviction
data, limit the use of that information which identifies specific individuals
to research, evaluative, or statistical purposes, and contain provisions giving
notice to the person or organization to which the records are disseminated that
the use of information obtained therefrom and further dissemination of such
information are subject to the provisions of this chapter and applicable
federal statutes and regulations, which shall be cited with express reference
to the penalties provided for a violation thereof.
(((7)))
(8) Every criminal justice agency that maintains and disseminates
criminal history record information must maintain information pertaining to
every dissemination of criminal history record information except a
dissemination to the effect that the agency has no record concerning an
individual. Information pertaining to disseminations shall include:
(a) An indication of to whom (agency or person) criminal history record information was disseminated;
(b) The date on which the information was disseminated;
(c) The individual to whom the information relates; and
(d) A brief description of the information disseminated.
The information pertaining to dissemination required to be maintained shall be retained for a period of not less than one year.
(((8))) (9) In addition to the other provisions in
this section allowing dissemination of criminal history record information, RCW
4.24.550 governs dissemination of information concerning offenders who commit
sex offenses as defined by RCW 9.94A.030. Criminal justice agencies, their
employees, and officials shall be immune from civil liability for dissemination
on criminal history record information concerning sex offenders as provided in
RCW 4.24.550.
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