BILL REQ. #:  S-1002.1 

READ FIRST TIME 02/08/11.   

     AN ACT Relating to making requests by or on behalf of an inmate under the public records act ineligible for penalties; amending RCW 42.56.565; creating a new section; and declaring an emergency.

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

Sec. 1   RCW 42.56.565 and 2009 c 10 s 1 are each amended to read as follows:
     (1) A court shall not award penalties under RCW 42.56.550(4) to a person who was serving a criminal sentence in a state, local, or privately operated correctional facility on the date the request for public records was made, unless the court finds that the agency acted in bad faith in denying the person the opportunity to inspect or copy a public record.
     (2) 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))) (3) In deciding whether to enjoin a request under subsection (((1))) (2) 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))) (4) 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))) (5) 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 applies to all actions brought under RCW 42.56.550 in which final judgment has not been entered as of the effective date of this section.

NEW SECTION.  Sec. 3   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.