Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Community Safety Committee
SB 5223
Brief Description: Concerning criminal offense fingerprinting.
Sponsors: Senators Wagoner, Holy and Nobles; by request of Washington State Patrol.
Brief Summary of Bill
  • Authorizes judges to order fingerprinting at the preliminary hearing or the arraignment of a gross misdemeanor case.
  • Expands the circumstances where chief law enforcement officers are authorized to photograph and record fingerprints to include when an adult is cited and released, or issued a summons to appear in court on a criminal charge.
Hearing Date: 3/13/25
Staff: Corey Patton (786-7388).
Background:

Under state law, the sheriff or director of public safety of a county, the chief of police of a city or town, and chief officers of other law enforcement agencies operating within the state (chief law enforcement officers) are authorized to photograph and record the fingerprints of all adults lawfully arrested, and must cause the photographing and fingerprinting of all adults and juveniles lawfully arrested for a felony or gross misdemeanor offense.  When an arrested juvenile is brought directly to a juvenile detention facility, the juvenile court administrator is also authorized to cause photographing, fingerprinting, and record transmittal to the appropriate law enforcement agency.  Each chief law enforcement officer or local director of corrections must transmit certain identifying data, including fingerprints, to the Washington State Patrol Identification and Criminal History Section (WSP ICHS) within 72 hours from the time of arrest. 

 

At the preliminary hearing or the arraignment of a felony case, the judge must ensure that the defendant has been fingerprinted and an arrest and fingerprint form has been transmitted to the WSP ICHS.  In cases where fingerprints have not been taken, the judge must order the chief law enforcement officer or the local director of corrections, or the juvenile court administrator in juvenile cases, to initiate an arrest and fingerprint form and transmit it to the WSP ICHS.  The related disposition report must be transmitted to the prosecuting attorney or court of jurisdiction.
Summary of Bill:

At the preliminary hearing or the arraignment of a gross misdemeanor case, the judge may ensure that the defendant has been fingerprinted and an arrest and fingerprint form has been transmitted to the Washington State Patrol Identification and Criminal History Section (WSP ICHS).  In cases where fingerprints have not been taken, the judge may order the chief law enforcement officer or the local director of corrections to initiate an arrest and fingerprint form and transmit it to the WSP ICHS.  The related disposition report must be transmitted to the prosecuting attorney or court of jurisdiction.

 

The right of chief law enforcement officers to photograph and record fingerprints is expanded to authorize photographing and recording fingerprints of adults who are cited and released, or issued a summons to appear in court on criminal charges.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.