SB 5810 -
By Representative Hunt
ADOPTED 04/11/2013
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 72.09 RCW
to read as follows:
(1) The department may collect, evaluate, and analyze data and
specific investigative and intelligence information concerning the
existence, structure, activities, and operations of security threat
groups and the participants involved therein under the jurisdiction of
the department. The data compiled may aid in addressing violence
reduction, illegal activities, and identification of offender
separation or protection needs, and may be used to assist law
enforcement agencies and prosecutors in developing evidence for
purposes of criminal prosecution upon request.
(2) The following security threat group information collected and
maintained by the department shall be exempt from public disclosure
under chapter 42.56 RCW: (a) Information that could lead to the
identification of a person's security threat group status, affiliation,
or activities; (b) information that reveals specific security threats
associated with the operation and activities of security threat groups;
and (c) information that identifies the number of security threat group
members, affiliates, or associates.
Sec. 2 RCW 42.56.240 and 2012 c 88 s 1 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;
(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;
(6) The statewide gang database referenced in RCW 43.43.762;
(7) Data from the electronic sales tracking system established in
RCW 69.43.165;
(8) Information submitted to the statewide unified sex offender
notification and registration program under RCW 36.28A.040(6) by a
person for the purpose of receiving notification regarding a registered
sex offender, including the person's name, residential address, and e-mail address; ((and))
(9) Personally identifying information collected by law enforcement
agencies pursuant to local security alarm system programs and vacation
crime watch programs. Nothing in this subsection shall be interpreted
so as to prohibit the legal owner of a residence or business from
accessing information regarding his or her residence or business; and
(10) The following security threat group information collected and
maintained by the department of corrections pursuant to section 1 of
this act: (a) Information that could lead to the identification of a
person's security threat group status, affiliation, or activities; (b)
information that reveals specific security threats associated with the
operation and activities of security threat groups; and (c) information
that identifies the number of security threat group members,
affiliates, or associates."
Correct the title.
EFFECT: Makes the following changes to the underlying senate
bill:
(1) Removes the requirement that the department of corrections
maintain security threat group data in a centralized database that must
be used to maintain the safety and security of offenders, staff,
facilities, and the public.
(2) Removes the provision establishing that the security threat
group database is confidential.
(3) Limits the Public Records Act exemption for security threat
group information, exempting only information that (a) could lead to
the identification of a person's security threat group status,
affiliation, or activities; (b) reveals specific security threats
associated with security threat groups; or (c) identifies the number of
security threat group members, affiliates, or associates.
(4) Establishes a cross-reference by listing the exemption along
with other Public Records Act exemptions for investigative, law
enforcement, and crime victim information.