WSR 20-20-130
[Filed October 6, 2020, 3:56 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-17-140.
Title of Rule and Other Identifying Information: Chapter 446-16 WAC, identification section.
Hearing Location(s): On December 9, 2020, at 10:00 a.m. Call-in: 1-253-215-8782, Passcode: 198930.
Date of Intended Adoption: December 10, 2020.
Submit Written Comments to: Kimberly Mathis, Agency Rules Coordinator, 106 11th Street S.E., Olympia, WA 98507, email, by December 7, 2020.
Assistance for Persons with Disabilities: Contact Kimberly Mathis, agency rules coordinator, phone 360-596-4017, email, by December 7, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed changes will provide clean-up and clarification to the existing language to ensure the rules reference and comply with current laws in the state of Washington.
Reasons Supporting Proposal: Updates are to provide clarity and clean up existing language.
Statutory Authority for Adoption: Chapter 10.97 and 43.43 RCW.
Statute Being Implemented: Chapter 10.97 and 43.43 RCW.
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: Kimberly Mathis, Olympia, Washington, 360-596-4017; Implementation: Becky Miner, Olympia, Washington, 360-534-2111; and Enforcement: Washington State Patrol, Olympia, Washington, 360-534-2111.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. This rule is exempt pursuant to RCW 34.05.328 (5)(b)(v).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
October 5, 2020
John R. Batiste
AMENDATORY SECTION(Amending WSR 10-01-109, filed 12/17/09, effective 1/17/10)
WAC 446-16-010Definitions.
For the purposes of these rules, the following words and phrases will have the following meanings:
(1) "Criminal history record information" includes, and will be restricted to identifying data and ((public record)) information recorded as the result of an arrest or other initiation of criminal proceedings and the consequent proceedings related thereto. "Criminal history record information" will not include intelligence, analytical or investigative reports and files.
(2) "Criminal justice agencies" are those public agencies within or outside the state which perform, as a principal function, activities directly relating to the apprehension, prosecution, adjudication or rehabilitation of criminal offenders.
(3) "Disposition" means ((that result which is reached at a determination))the formal conclusion of a criminal proceeding((s against an individual at any))at whatever stage it occurs in the criminal justice system ((and resulting in the culmination or final disposal of the criminal charge)).
(4) "((Section))Division" means the ((identification and criminal history section))criminal records division of the Washington state patrol.
AMENDATORY SECTION(Amending WSR 10-01-109, filed 12/17/09, effective 1/17/10)
WAC 446-16-020Scope of the rules.
Criminal ((offender))history record information will not be released or inspected except in accordance with RCW 43.43.700 et seq., RCW 10.97.050, and these rules.
AMENDATORY SECTION(Amending WSR 10-01-109, filed 12/17/09, effective 1/17/10)
WAC 446-16-025Deletion of arrest records.
(1) A person desiring the destruction of his or her fingerprints and/or other identifying data, pursuant to RCW 43.43.730, must make his or her request on a form furnished by the ((section))division.
(2) The request must be completed, signed by the person whose record is sought to be deleted and his or her signature witnessed. It must include the address of the applicant, the printed name and the address of the witness to the applicant's signature and such other information requested on the application as identifies the applicant and the offense for which the request of deletion is made.
(3) The request must include ((reasonable)) proof that the person making the request for deletion is the same person whose fingerprints or other identifying data are sought to be deleted. Such proof must include fingerprints of the applicant ((if requested by the section)).
(4) The request must include the information necessary for the ((section))division to determine whether the request is consistent with RCW 10.97.060 including all details pertaining to the decision not to prosecute, dismissal, or acquittal of the offense for which the fingerprints or other identifying data were taken.
AMENDATORY SECTION(Amending WSR 10-01-109, filed 12/17/09, effective 1/17/10)
WAC 446-16-060Disposition reportsWhen required.
In every case where a fingerprint record ((or other report)) of the arrest of an individual on criminal charges has been submitted to the ((section))division, the agency which makes the final determination of such criminal charges or in whose jurisdiction the final determination is made must report the disposition of such charges to the ((section))division at whatever stage it occurs in the criminal justice system.
AMENDATORY SECTION(Amending WSR 16-21-024, filed 10/10/16, effective 11/10/16)
WAC 446-16-070Report contentsGeneral.
The report of disposition must be made on forms provided or approved by the ((section))division or shall be transferred electronically on forms approved by the ((section))division. The disposition report must include all arrest details as they appeared on the fingerprint card ((or arrest record previously)) forwarded to the ((section))division. The state identification number ((and)), process control number (PCN), and/or the transaction control number (TCN) must be indicated, if known, on the disposition report ((if fingerprints were taken)).
AMENDATORY SECTION(Amending WSR 10-01-109, filed 12/17/09, effective 1/17/10)
WAC 446-16-080Report time limitations.
All of the information requested on the disposition report must be completed and the report mailed or electronically transferred to the ((section))division, within ten days of the date that a disposition becomes ((effective))final.
AMENDATORY SECTION(Amending WSR 10-01-109, filed 12/17/09, effective 1/17/10)
WAC 446-16-090Law enforcement agenciesReporting responsibilities.
(1) If the disposition of criminal charges is made by the arresting agency, as where the individual is released without charge, the arresting agency shall fill in and complete the disposition report and submit same to the ((section))division. If the disposition is known at the time of the arrest ((record or fingerprint card is submitted to the section)), this information should be noted ((thereon))on the fingerprint card or submitted electronically through livescan with the arrest information. In this case, it will be unnecessary to forward a disposition report.
(2) In all cases where the arresting agency does not make the final disposition, it shall initiate the preparation of a disposition report by recording the name of the individual arrested, the charges on which ((he was))they were arrested, the name of the contributor of the ((arrest or)) fingerprint record, the process control and/or transaction control number, the arrest number and any other information that may identify the individual. At this stage the disposition of charges will be left blank((, but the agency will note the action that it has taken, e.g., referred to the prosecutor)). The partially completed disposition report must then be included as part of the individual's case file and must be forwarded with other information concerning the charges against the individual to the prosecutor or other agency to which the arresting agency forwards the case.
AMENDATORY SECTION(Amending WSR 10-01-109, filed 12/17/09, effective 1/17/10)
WAC 446-16-100Prosecutorial agenciesReporting responsibilities.
The prosecutor ((or county clerk)) must promptly transmit the completed disposition information to the ((section))division if the prosecutor determines not to file charges or the case is not otherwise acted upon by a judicial body. In such cases, the prosecutor ((or county clerk)) must mail or transfer the completed disposition report to the ((section))division within ten days from the date that it is determined no further judicial action will be taken on the charges.
AMENDATORY SECTION(Amending WSR 10-01-109, filed 12/17/09, effective 1/17/10)
WAC 446-16-110CourtsReporting responsibilities.
Where the disposition of criminal charges occurs as a result of action taken by or within the jurisdiction of any court in the state of Washington, the disposition of such charges must be submitted electronically to the WSP via the electronic data exchange between the administrative office of the courts (AOC) and WSP or promptly reported to the ((section pursuant to rules of the supreme court of the state of Washington on forms approved by the supreme court and supplied by the section. However, in a county where the judicial information system or other secure method of electronic transfer of information has been implemented between the court and the section, the court may electronically provide the disposition information to the section))division on a disposition report form or judgment and sentence.