Z-0404.1

SENATE BILL 5609

BySenators Trudeau, C. Wilson, Das, Hasegawa, Nguyen, Nobles, and Stanford; by request of Administrative Office of the Courts

AN ACT Relating to eliminating fingerprinting at juvenile dispositions; and amending RCW 10.64.110.

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

Sec. 1. RCW 10.64.110 and 2021 c 311 s 20 are each amended to read as follows:

(1) Following June 15, 1977, except as provided in subsection (3) of this section, there shall be affixed to the original of every judgment and sentence of a felony conviction in every court in this state ((and every order adjudicating a juvenile to be a delinquent based upon conduct which would be a felony if committed by an adult,)) a fingerprint of the defendant ((or juvenile)) who is the subject of the order. When requested by the clerk of the court, the actual affixing of fingerprints shall be done by a representative of the office of the county sheriff.

(2) The clerk of the court shall attest that the fingerprints appearing on the judgment in sentence, ((order of adjudication of delinquency,)) or docket, is that of the individual who is the subject of the judgment or conviction, ((order,)) or docket entry.

(3) Amended judgment and sentences issued pursuant to State v. Blake, No. 96873-0 (Feb. 25, 2021), are exempt from the fingerprinting requirements in subsection (1) of this section when there are no additional offenses of conviction from the original judgment and sentence and the defendant is in custody in a correctional facility. In such cases, the amended judgment and sentence shall reference the original judgment and sentence and the fingerprints affixed thereto.

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