| Passed by the Senate March 20, 2009 YEAS 43 ________________________________________ President of the Senate Passed by the House March 18, 2009 YEAS 94 ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5130 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 02/12/09.
AN ACT Relating to access to public records by persons serving criminal sentences in correctional facilities; adding a new section to chapter 42.56 RCW; and declaring an emergency.
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:
(1) The inspection or copying of any nonexempt public record by
persons serving criminal sentences in state, local, or privately
operated correctional facilities may be enjoined pursuant to this
section.
(a) The injunction may be requested by: (i) An agency or its
representative; (ii) a person named in the record or his or her
representative; or (iii) a person to whom the requests specifically
pertains or his or her representative.
(b) The request must be filed in: (i) The superior court in which
the movant resides; or (ii) the superior court in the county in which
the record is maintained.
(c) In order to issue an injunction, the court must find that:
(i) The request was made to harass or intimidate the agency or its
employees;
(ii) Fulfilling the request would likely threaten the security of
correctional facilities;
(iii) Fulfilling the request would likely threaten the safety or
security of staff, inmates, family members of staff, family members of
other inmates, or any other person; or
(iv) Fulfilling the request may assist criminal activity.
(2) In deciding whether to enjoin a request under subsection (1) of
this section, the court may consider all relevant factors including,
but not limited to:
(a) Other requests by the requestor;
(b) The type of record or records sought;
(c) Statements offered by the requestor concerning the purpose for
the request;
(d) Whether disclosure of the requested records would likely harm
any person or vital government interest;
(e) Whether the request seeks a significant and burdensome number
of documents;
(f) The impact of disclosure on correctional facility security and
order, the safety or security of correctional facility staff, inmates,
or others; and
(g) The deterrence of criminal activity.
(3) The motion proceeding described in this section shall be a
summary proceeding based on affidavits or declarations, unless the
court orders otherwise. Upon a showing by a preponderance of the
evidence, the court may enjoin all or any part of a request or
requests. Based on the evidence, the court may also enjoin, for a
period of time the court deems reasonable, future requests by:
(a) The same requestor; or
(b) An entity owned or controlled in whole or in part by the same
requestor.
(4) An agency shall not be liable for penalties under RCW
42.56.550(4) for any period during which an order under this section is
in effect, including during an appeal of an order under this section,
regardless of the outcome of the appeal.
NEW SECTION. Sec. 2 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.