CERTIFICATION OF ENROLLMENT

SUBSTITUTE HOUSE BILL 2056

Chapter 303, Laws of 2024

68TH LEGISLATURE

2024 REGULAR SESSION

SUPREME COURT BAILIFFS—INVESTIGATIVE AUTHORITY

EFFECTIVE DATE: June 6, 2024

SUBSTITUTE HOUSE BILL 2056

AS AMENDED BY THE SENATE

ByHouse Civil Rights & Judiciary (originally sponsored by Representatives Goodman, Cheney, and Reeves; by request of Administrative Office of the Courts)

AN ACT Relating to information sharing and limited investigative authority of supreme court bailiffs; amending RCW 10.97.050; and adding a new section to chapter 2.04 RCW.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 2.04 RCW to read as follows:

(1) Bailiffs of the supreme court are authorized to conduct threat assessments on behalf of supreme court justices. The supreme court shall ensure that supreme court bailiffs are qualified by training and experience.

(2) Bailiffs of the supreme court are authorized to receive criminal history record information that includes nonconviction data for purposes exclusively related to the investigation of any person making a threat as defined in RCW 9A.04.110 against a supreme court justice. Dissemination or use of criminal history records or nonconviction data for purposes other than authorized in this section is prohibited.

(3) Founded threats investigated under this section must be referred to local law enforcement for further action. Local law enforcement is authorized to report the outcome and any anticipated action to bailiffs of the supreme court.

Sec. 2. RCW 10.97.050 and 2023 c 26 s 1 are each amended to read as follows:

(1) Conviction records may be disseminated without restriction.

(2) Any criminal history record information which pertains to an incident that occurred within the last twelve months for which a person is currently being processed by the criminal justice system, including the entire period of correctional supervision extending through final discharge from parole, when applicable, may be disseminated without restriction.

(3) Criminal history record information which includes nonconviction data may be disseminated by a criminal justice agency to another criminal justice agency for any purpose associated with the administration of criminal justice, or in connection with the employment of the subject of the record by a criminal justice or juvenile justice agency, except as provided under RCW 13.50.260. A criminal justice agency may respond to any inquiry from another criminal justice agency without any obligation to ascertain the purpose for which the information is to be used by the agency making the inquiry.

(4) Criminal history record information which includes nonconviction data may be disseminated by a criminal justice agency to implement a statute, ordinance, executive order, or a court rule, decision, or order which expressly refers to records of arrest, charges, or allegations of criminal conduct or other nonconviction data and authorizes or directs that it be available or accessible for a specific purpose.

(5) Criminal history record information which includes nonconviction data may be disseminated to individuals and agencies pursuant to a contract with a criminal justice agency to provide services related to the administration of criminal justice. Such contract must specifically authorize access to criminal history record information, but need not specifically state that access to nonconviction data is included. The agreement must limit the use of the criminal history record information to stated purposes and insure the confidentiality and security of the information consistent with state law and any applicable federal statutes and regulations.

(6) Criminal history record information which includes nonconviction data may be disseminated to individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency. Such agreement must authorize the access to nonconviction data, limit the use of that information which identifies specific individuals to research, evaluative, or statistical purposes, and contain provisions giving notice to the person or organization to which the records are disseminated that the use of information obtained therefrom and further dissemination of such information are subject to the provisions of this chapter and applicable federal statutes and regulations, which shall be cited with express reference to the penalties provided for a violation thereof.

(7) Criminal history record information that includes nonconviction data may be disseminated to the state auditor solely for the express purpose of conducting a process compliance audit procedure and review of any deadly force investigation pursuant to RCW 43.101.460. Dissemination or use of nonconviction data for purposes other than authorized in this subsection is prohibited.

(8) Criminal history record information that includes nonconviction data may be disseminated to bailiffs of the supreme court solely for the express purpose of investigations under section 1 of this act. Dissemination or use of nonconviction data for purposes other than authorized in this subsection is prohibited.

(9) Every criminal justice agency that maintains and disseminates criminal history record information must maintain information pertaining to every dissemination of criminal history record information except a dissemination to the effect that the agency has no record concerning an individual. Information pertaining to disseminations shall include:

(a) An indication of to whom (agency or person) criminal history record information was disseminated;

(b) The date on which the information was disseminated;

(c) The individual to whom the information relates; and

(d) A brief description of the information disseminated.

The information pertaining to dissemination required to be maintained shall be retained for a period of not less than one year.

(((9)))(10) In addition to the other provisions in this section allowing dissemination of criminal history record information, RCW 4.24.550 governs dissemination of information concerning offenders who commit sex offenses as defined by RCW 9.94A.030. Criminal justice agencies, their employees, and officials shall be immune from civil liability for dissemination on criminal history record information concerning sex offenders as provided in RCW 4.24.550.

--- END ---