BILL REQ. #:  H-3667.1 

Read first time 01/10/2006.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to disclosure of accident reports; amending RCW 46.52.080 and 46.52.083; adding new sections to chapter 42.56 RCW; recodifying RCW 46.52.080 and 46.52.083; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 42.56 RCW to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Interested party" means the driver or drivers involved in a vehicular accident, or the legal guardians of the driver or drivers; the parent of a minor driver; any person injured in a vehicular accident; the owner of vehicles or property damaged in a vehicular accident; or any authorized representative, attorney, or insurer of such an interested party.
     (2) "Noninterested party" means any person other than an interested party.
     (3) "Personal information" means name, address, telephone number, date of birth, driver's license number, and social security number of an interested party.

Sec. 2   RCW 46.52.080 and 1979 c 158 s 162 are each amended to read as follows:
     All required accident reports and supplemental reports and copies thereof shall be without prejudice to the reporting individual ((so reporting)), and shall be for the confidential use of the county prosecuting attorney ((and)), the chief of police or county sheriff, as the case may be, ((and)) the director of licensing ((and)), the chief of the Washington state patrol, and other officer or commission as authorized by law, except ((that any such)) as provided in this section.
     (1) Upon the request of an interested party, any authorized officer shall disclose to the interested party the names and addresses of persons reported as involved in an accident or as witnesses thereto, the vehicle license plate numbers and descriptions of vehicles involved, and the date, time, and location of an accident((, to any person who may have a proper interest therein, including the driver or drivers involved, or the legal guardian thereof, the parent of a minor driver, any person injured therein, the owner of vehicles or property damaged thereby, or any authorized representative of such an interested party, or the attorney or insurer thereof)).
     (2) Upon the request of a noninterested party, any authorized officer shall disclose only the vehicle license plate numbers and descriptions of vehicles involved, and the date, time, and location of the accident. Personal information included in all such reports may not be disclosed to a noninterested party.
     (3) No such accident report or copy thereof shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that any officer above named for receiving accident reports shall furnish, upon demand of any person who has, or who claims to have, made such a report, or, upon demand of any court, a certificate showing that a specified accident report has or has not been made to the chief of the Washington state patrol solely to prove a compliance or a failure to comply with the requirement that such a report be made in the manner required by law: PROVIDED, That the reports may be used as evidence when necessary to prosecute charges filed in connection with a violation of RCW 46.52.088.

Sec. 3   RCW 46.52.083 and 1965 ex.s. c 119 s 4 are each amended to read as follows:
     All of the factual data submitted in report form by the officers, together with the signed statements of all witnesses, except the reports signed by the drivers involved in the accident, shall be made available upon request to ((the)) interested parties ((named in RCW 46.52.080)). If such reports are provided to noninterested parties, all personal information shall be redacted before disclosure.

NEW SECTION.  Sec. 4   RCW 46.52.080 and 46.52.083 are each recodified as new sections in chapter 42.56 RCW.

NEW SECTION.  Sec. 5   This act takes effect July 1, 2006.