_______________________________________________
ENGROSSED
SUBSTITUTE SENATE BILL 5668
_______________________________________________
Passed
Legislature - 1999 Regular Session
State
of Washington 56th Legislature 1999 Regular Session
By
Read
first time 03/03/1999.
Regarding criminal records checks for volunteers who have
regularly scheduled unsupervised access to children.
AN
ACT Relating to criminal records checks for school employees and volunteers;
amending RCW 43.43.834; and adding a new section to chapter 28A.320 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 28A.320 RCW to read as follows:
If
a volunteer alerts a school district that the volunteer has undergone a
criminal records check in accordance with applicable state law, including RCW
10.97.050, 28A.400.303, 28A.410.010, or 43.43.830 through 43.43.845, within the
two years before the time the volunteer is volunteering in the school, then the
school may request that the volunteer furnish the school with a copy of the
criminal history record information or sign a release to the business, school,
organization, criminal justice agency, or juvenile justice or care agency, or
other state agency that originally obtained the criminal history record
information to permit the record information to be shared with the school.
Once the school requests the information from the business, school,
organization, or agency the information shall be furnished to the school. Any
business, school, organization, agency, or its employee or official that shares
the criminal history record information with the requesting school in
accordance with this section is immune from criminal and civil liability for
dissemination of the information.
If
the criminal history record information is shared, the school must require the
volunteer to sign a disclosure statement indicating that there has been no
conviction since the completion date of the most recent criminal background
inquiry.
Sec.
2. RCW
43.43.834 and 1998 c 10 s 3 are each amended to read as follows:
(1)
A business or organization shall not make an inquiry to the Washington state
patrol under RCW 43.43.832 or an equivalent inquiry to a federal law
enforcement agency unless the business or organization has notified the
applicant who has been offered a position as an employee or volunteer, that an
inquiry may be made.
(2)
A business or organization shall require each applicant to disclose to the
business or organization whether the applicant has been:
(a)
Convicted of any crime against children or other persons;
(b)
Convicted of crimes relating to financial exploitation if the victim was a
vulnerable adult;
(c)
Convicted of crimes related to drugs as defined in RCW 43.43.830;
(d)
Found in any dependency action under RCW 13.34.040 to have sexually assaulted
or exploited any minor or to have physically abused any minor;
(e)
Found by a court in a domestic relations proceeding under Title 26 RCW to have
sexually abused or exploited any minor or to have physically abused any minor;
(f)
Found in any disciplinary board final decision to have sexually or physically
abused or exploited any minor or developmentally disabled person or to have
abused or financially exploited any vulnerable adult; or
(g)
Found by a court in a protection proceeding under chapter 74.34 RCW, to have
abused or financially exploited a vulnerable adult.
The
disclosure shall be made in writing and signed by the applicant and sworn under
penalty of perjury. The disclosure sheet shall specify all crimes against
children or other persons and all crimes relating to financial exploitation as
defined in RCW 43.43.830 in which the victim was a vulnerable adult.
(3)
The business or organization shall pay such reasonable fee for the records
check as the state patrol may require under RCW 43.43.838.
(4)
The business or organization shall notify the applicant of the state patrol's
response within ten days after receipt by the business or organization. The
employer shall provide a copy of the response to the applicant and shall notify
the applicant of such availability.
(5)
The business or organization shall use this record only in making the initial
employment or engagement decision. Further dissemination or use of the record
is prohibited, except as provided in section 1 of this act. A business
or organization violating this subsection is subject to a civil action for
damages.
(6)
An insurance company shall not require a business or organization to request
background information on any employee before issuing a policy of insurance.
(7)
The business and organization shall be immune from civil liability for failure
to request background information on an applicant unless the failure to do so
constitutes gross negligence.
