BILL REQ. #:  S-5247.2 

READ FIRST TIME 02/08/08.   

     AN ACT Relating to establishment of a Washington identity theft analysis center; amending RCW 42.56.240; adding a new section to chapter 36.28A RCW; creating a new section; and making an appropriation.

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

NEW SECTION.  Sec. 1   Identity theft is an epidemic in Washington state. Washington consistently ranks among the top ten states for citizen victimization by identity theft.
     It is rare that the crime of identity theft does not involve multiple crimes, such as burglary, drug crimes, and fraud. About two-thirds of identity theft criminals are habitual offenders who have prior convictions. Perpetrators of identity theft do not geographically contain themselves, often infiltrating numerous counties in search of citizens, merchants, and financial institutions to victimize.
     It is essential to establish a central clearinghouse where all types of information related to identity theft can be deposited, analyzed, and disseminated to law enforcement and prosecutors. A central identity theft clearinghouse will increase multijurisdictional investigative and prosecuting efforts, including greater access to and use of analysts.
     In 2002, local, state, and federal law enforcement agencies in Washington joined together to develop a new system of intelligence sharing. The key component of the system is the Washington joint analytical center (WAJAC), a centralized fusion center serving as a single point of intelligence collection. Regional intelligence groups located throughout the state provide a link to line level personnel and homeland security partners. The purpose of WAJAC is to investigate crimes with the goal of preventing acts of terrorism.
     It is the intent of the legislature to create and locate a central identity theft clearinghouse with WAJAC. This colocation will enhance the missions of both entities as a result of their ability to share and coordinate pertinent information and thus maximize the efforts of law enforcement.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.28A RCW to read as follows:
     (1) The Washington association of sheriffs and police chiefs shall establish the Washington identity theft analysis center (WITAC) and shall choose a location for the center.
     (2) The purpose of WITAC is to fuse or combine, in one place, information from divergent sources concerning identity theft in order to facilitate the analysis of such information and dissemination to appropriate law enforcement with the goal of bringing the perpetrators of identity theft crimes to justice.
     (a) The Washington association of sheriffs and police chiefs shall develop operational linkages between WITAC and the Washington joint analytical center for the purpose of sharing information to the extent allowable under the law.
     The Washington association of sheriffs and police chiefs shall select the WITAC manager.
     (b) The Washington association of sheriffs and police chiefs shall have authority to initiate and terminate the hiring of employees for WITAC as well as seek nominations for individuals from county and city jurisdictions to be part of WITAC staff.
     (3) WITAC is directed to create and maintain a web site accessible to law enforcement, prosecutors, and the department of licensing.
     (a) Subject to chapter 10.97 RCW, the web site shall be a central repository of information pertaining to identity theft arrests and convictions.
     (b) Each local law enforcement agency shall transmit its identity theft incident reports to WITAC.
     (c) Information pertaining to identity theft may be contributed by private parties; however, data shall not be accessible by or disclosable to private parties.
     (4)(a) The Washington association of sheriffs and police chiefs shall provide WITAC with staff not to exceed ten employees, and resources, within funds appropriated for this purpose, and may solicit and accept the temporary loan of law enforcement officers and other personnel as provided in (b) of this subsection.
     (b) Law enforcement agencies may assign officers or other knowledgeable personnel to WITAC for a minimum term of two years, and WITAC shall train the officers or other personnel as analysts. The salaries of the local law enforcement officers or other personnel shall be paid by the state while so employed.

Sec. 3   RCW 42.56.240 and 2005 c 274 s 404 are each amended to read as follows:
     The following investigative, law enforcement, and crime victim information is exempt from public inspection and copying under this chapter:
     (1) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy;
     (2) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim, or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath;
     (3) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b);
     (4) License applications under RCW 9.41.070; copies of license applications or information on the applications may be released to law enforcement or corrections agencies; ((and))
     (5) Information revealing the identity of child victims of sexual assault who are under age eighteen. Identifying information means the child victim's name, address, location, photograph, and in cases in which the child victim is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator; and
     (6) Information maintained by the Washington identity theft analysis center for the web site created under section 2(3) of this act.

NEW SECTION.  Sec. 4   The sum of . . . . . . . . dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2009, from the general fund to the Washington association of sheriffs and police chiefs to be used for the purposes of section 2 of this act.