Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Criminal Justice & Corrections Committee

HB 1337

Brief Description: Regulating storage of sex offender records.

Sponsors: Representatives O'Brien, Pearson and Darneille.

Brief Summary of Bill
  • Requires that sealed electronic records of sex offenders held for permanent retention are marked as sealed.
  • Limits access to sealed records to criminal justice agencies.
  • Permits for the destruction of electronic and paper copies of sex offender records when the offender is deceased.

Hearing Date: 2/3/05

Staff: Erik Van Hagen (786-5793).

Background:

Records of investigative reports prepared by law enforcement pertaining to sex offenders are transferred to the Washington Association of Sheriffs and Police Chiefs (WASPC) for permanent electronic retention and retrieval once the records are no longer needed by law enforcement or for judicial proceedings. The WASPC is permitted to destroy the paper record if an electronic copy is made. Once a record is transferred in this manner, the record is no longer considered a public record and is exempt from public disclosure. Such records may only be disclosed to criminal justice agencies to determine if a sex offender meets the criteria of a sexually violent predator.

Summary of Bill:

Requires that if a record transferred to the WASPC for permanent retention is sealed at the time of transfer or becomes sealed after the transfer, it must be retained in a way that ensures the record is clearly marked as sealed. Records marked as sealed are only accessible to (1) criminal justice agencies that would otherwise have access to a sealed copy of the document and (2) system administrators for the purpose of system administration and maintenance. The WASPC are permitted to destroy paper and electronic records of any offender verified as deceased.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.