WSR 15-17-079
[Filed August 17, 2015, 2:02 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-14-029.
Title of Rule and Other Identifying Information: Deferred prosecution.
Hearing Location(s): General Administration Building, 210 11th Avenue S.W., Room G3, Olympia, WA 98504, on September 24, 2015, at 8:30 a.m.
Date of Intended Adoption: September 24, 2015.
Submit Written Comments to: Deborah Collinsworth, Washington State Patrol, Criminal Records Division, P.O. Box 42619, Olympia, WA 98504, e-mail, fax (360) 534-2070, by September 15, 2015.
Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by September 15, 2015, (360) 596-4017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rules changes are needed to clarify when deferred prosecution is included in criminal history records information.
Reasons Supporting Proposal: Updates will provide cleanup to existing language.
Statutory Authority for Adoption: RCW 10.97.080 and 10.97.090.
Statute Being Implemented: RCW 10.97.080 and 10.97.090.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state patrol, governmental.
Name of Agency Personnel Responsible for Drafting: Deborah Collinsworth, P.O. Box 42619, Olympia, WA 98504, (360) 534-2102; Implementation and Enforcement: Washington State Patrol, P.O. Box 42600, Olympia, WA 98504, (360) 596-4000.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There are no new impacts on businesses.
A cost-benefit analysis is not required under RCW 34.05.328. Not a significant rules change.
August 17, 2015
John R. Batiste
AMENDATORY SECTION (Amending WSR 80-08-057, filed 7/1/80)
WAC 446-20-040 Deferred prosecutions.
A deferred prosecution under chapter 10.05 RCW of an alleged offender does not become nonconviction data until more than one year has elapsed since arrest, citation, charge, or service of warrant, or there is a final decision to dismiss charges or not to prosecute, whichever occurs first.