FINAL BILL REPORT

SHB 1065

                                  C 450 L 87

BYHouse Committee on Ways & Means/Appropriations (originally sponsored by Representatives Locke, Madsen, Ballard, Dellwo, McMullen, Silver, Braddock, Nealey, Armstrong, B. Williams, H. Sommers, McLean, Peery, Belcher, Hine, Grant, Walk, Day, Patrick, Niemi, Holland, Miller, May, Kremen, R. King, Fuhrman, Betrozoff and Jesernig)

Providing for the establishment of an automatic fingerprint identification system.

House Committe on Ways & Means/Appropriations

Senate Committee on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

The Washington State Patrol Identification and Criminal History Section (WASIS) is the state repository for criminal records.  WASIS is currently based on a series of special programs run on IBM and TRANS-A-FILE (TAF) computers.  The TAF computer cannot handle recent workload increases and is rapidly approaching the end of its useful life.  It has already twice outlived its life expectancy.  The state patrol has requested a new computer system to replace the failing TAF computer.

The state patrol currently uses a manual fingerprint classification and search method.  This method is labor intensive and subject to frequent error.  The method is only useful to compare crime scene fingerprints, referred to as latent fingerprints, with fingerprints of possible suspects.  Until a suspect has been identified, latent fingerprints are virtually useless because there is no efficient way of checking fingerprints on file with those found at a crime scene.

Automated fingerprint identification systems (AFIS) are available that can store fingerprint information and can compare a latent fingerprint from a crime scene to those fingerprints on file. Unlike the manual system currently in use, AFIS can produce a list of possible suspects based on latent fingerprints.  AFIS can also be used to obtain background information on criminal suspects, criminals awaiting sentencing and others who are required to have criminal background investigations.

In 1986, the legislature appropriated $25,000 to the state patrol and authorized the patrol to develop and implement a plan for an AFIS.  The patrol was required to procure the most efficient system available.  Following an extensive Request For Proposal (RFP) process, which included performance testing of systems, the AFIS manufactured by NEC Corporation was selected by the patrol. NEC systems are currently used in the states of California and Alaska and the cities of San Francisco and Los Angeles.

The City of Tacoma and Pierce County have purchased an AFIS from Morpho Inc.  King County voters approved the purchase of an AFIS in the November 1986 election and the King County Council recently voted to purchase the AFIS from NEC.

Washington state is eligible to receive $849,000 from the Criminal Justice Block Grant program of the federal Bureau of Justice Assistance.  Local governments will receive $479,000 of this grant.  Local governments have waived their right to this money in order that it be used to purchase an AFIS.  The Department of Community Development is responsible for administering the grant.

Local law enforcement agencies are required to photograph and fingerprint all persons, except juveniles, arrested for felonies and gross misdemeanors.  Fingerprints are to be furnished to the state patrol.  Juveniles may only be photographed and fingerprinted with consent of the juvenile court, except that a law enforcement agency may fingerprint and photograph a juvenile arrested for a felony.  If the arrest is found to be unlawful, the prints and photograph are removed from the record.

SUMMARY:

$5,451,000 is appropriated from the General Fund-State to the Washington State Patrol (WSP) to establish and operate an automated fingerprint identification system (AFIS), including remote tenprint and latent input systems and remote terminals.  The General Fund appropriation is reduced by the amount of any grants from the Federal Bureau of Justice Assistance.

WSP is to develop rules and criteria to determine which local jurisdictions are eligible to receive remote systems or terminals.  One remote system is to be located in eastern Washington and one in western Washington, provided that the local jurisdiction in western Washington pays 30 percent of the system's purchase cost.  At least 12 remote terminals are to be located throughout the state.

Recipients of remote systems or terminals must pay all personnel, operating, installation and maintenance costs associated with the terminals and systems, including the costs of transmitting data to the system.  Recipients must also make the terminal or system available to other local law enforcement agencies.

No local law enforcement agency may establish or operate an AFIS if it is not compatible with the state system.  Counties or local agencies that signed a contract to purchase an AFIS before January 1, 1987 are exempt from this requirement.  The state patrol is required to charge exempted local jurisdictions for the costs of processing latent fingerprints submitted by these jurisdictions to the patrol.

The state patrol is required to adopt rules concerning submission of fingerprints from persons for license application or other noncriminal purposes.  The state patrol may charge local agencies a fee that covers the costs of processing such fingerprints.  Fingerprints of juveniles arrested for felonies and gross misdemeanors are also to be submitted to the state patrol.  The state patrol is authorized to keep fingerprints and other identifying information about juvenile offenders whose records are otherwise sealed or destroyed by court order or agency action.

VOTES ON FINAL PASSAGE:

      House 96   0

      Senate    47     0 (Senate amended)

      House 97   0 (House concurred)

EFFECTIVE:July 26, 1987