RCW 43.43.751
Biological samples for missing persons investigations.
Biological samples taken for a missing person's investigation under RCW 68.50.320
shall be forwarded to the appropriate laboratory as soon as possible. The crime laboratory of the Washington state patrol will provide guidance to agencies regarding where samples should be sent. If substantial delays in testing occur or federal testing is no longer available, the legislature should be requested to provide funding to implement mitochondrial technology in the state of Washington.
[
2007 c 10 s 6
;
2006 c 102 s 7
.]
NOTES:
Intent
—
2007 c 10:
See note following RCW 43.103.110
.
Finding
—
Intent
—
2006 c 102:
See note following RCW 36.28A.100
.
RCW 43.43.752
DNA identification system
—
Plan
—
Report.
(1) To support criminal justice services in the local communities throughout this state, the state patrol in consultation with the University of Washington school of medicine shall develop a plan for and establish a DNA identification system. In implementing the plan, the state patrol shall purchase the appropriate equipment and supplies. The state patrol shall procure the most efficient equipment available.
(2) The DNA identification system as established shall be compatible with that utilized by the federal bureau of investigation.
(3) The state patrol and the University of Washington school of medicine shall report on the DNA identification system to the legislature no later than November 1, 1989. The report shall include a timeline for implementing each stage, a local agency financial participation analysis, a system analysis, a full cost/purchase analysis, a vendor bid evaluation, and a space location analysis that includes a site determination. The state patrol shall coordinate the preparation of this report with the office of financial management.
[
1989 c 350 s 2
.]
NOTES:
Funding limitations
—
1989 c 350:
"Any moneys received by the state from the federal bureau of justice assistance shall be used to conserve state funds if not inconsistent with the terms of the grant. To the extent that federal funds are available for the purposes of this act, state funds appropriated in this section shall lapse and revert to the general fund." [
1989 c 350 s 8
.]
RCW 43.43.753
Findings
—
DNA identification system
—
DNA database
—
DNA data bank.
The legislature finds that recent developments in molecular biology and genetics have important applications for forensic science. It has been scientifically established that there is a unique pattern to the chemical structure of the deoxyribonucleic acid (DNA) contained in each cell of the human body. The process for identifying this pattern is called "DNA identification."
The legislature further finds that DNA databases are important tools in criminal investigations, in the exclusion of individuals who are the subject of investigations or prosecutions, and in detecting recidivist acts. It is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in both the identification and detection of individuals in criminal investigations and the identification and location of missing and unidentified persons. Therefore, it is in the best interest of the state to establish a DNA database and DNA data bank containing DNA samples submitted by persons convicted of felony offenses and other crimes as specified in RCW 43.43.754
. DNA samples necessary for the identification of missing persons and unidentified human remains shall also be included in the DNA database.
The legislature further finds that the DNA identification system used by the federal bureau of investigation and the Washington state patrol has no ability to predict genetic disease or predisposal to illness. Nonetheless, the legislature intends that biological samples collected under RCW 43.43.754, and DNA identification data obtained from the samples, be used only for purposes related to criminal investigation, identification of human remains or missing persons, or improving the operation of the system authorized under RCW 43.43.752
through
43.43.758
.
[
2008 c 97 s 1
;
2002 c 289 s 1
;
1989 c 350 s 1
.]
NOTES:
Severability
—
2002 c 289:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
2002 c 289 s 7
.]
Effective date
—
2002 c 289:
"This act takes effect July 1, 2002." [
2002 c 289 s 9
.]
RCW 43.43.7532
DNA identification system
—
DNA database account.
The state DNA database account is created in the custody of the state treasurer. The account shall consist of funds appropriated by the legislature for operation and maintenance of the DNA database and all receipts under RCW 43.43.7541
. Expenditures from the account may be used only for creation, operation, and maintenance of the DNA database under RCW 43.43.754
. Only the chief of the Washington state patrol or the chief's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter
43.88
RCW, but an appropriation is not required for expenditures.
[
2023 c 449 s 3
;
2002 c 289 s 5
.]
NOTES:
Effective date
—
2023 c 449:
See note following RCW 13.40.058
.
Severability
—
Effective date
—
2002 c 289:
See notes following RCW 43.43.753
.
RCW 43.43.754
DNA identification system
—
Biological samples
—
Collection, use, testing
—
Scope and application of section.
(1) A biological sample must be collected for purposes of DNA identification analysis from:
(a) Every adult or juvenile individual convicted of a felony, or adjudicated of an offense which if committed by an adult would be a felony, or any of the following crimes (or equivalent juvenile offenses):
(i) Assault in the fourth degree where domestic violence as defined in RCW 9.94A.030
was pleaded and proven (RCW 9A.36.041, 9.94A.030
);
(ii) Assault in the fourth degree with sexual motivation (RCW 9A.36.041, 9.94A.835
);
(iii) Communication with a minor for immoral purposes (RCW 9.68A.090
);
(iv) Custodial sexual misconduct in the second degree (RCW 9A.44.170
);
(v) Failure to register (chapter
9A.44
RCW);
(vi) Harassment (RCW 9A.46.020
);
(vii) Patronizing a prostitute (RCW 9A.88.110
);
(viii) Sexual misconduct with a minor in the second degree (RCW 9A.44.096
);
(ix) Stalking (RCW 9A.46.110
);
(x) Indecent exposure (RCW 9A.88.010
);
(xi) Violation of a sexual assault protection order granted under chapter
7.105
RCW or former chapter
7.90
RCW; and
(b) Every adult or juvenile individual who is required to register under RCW 9A.44.130
.
(2)(a) A municipal jurisdiction may also submit any biological sample to the laboratory services bureau of the Washington state patrol for purposes of DNA identification analysis when:
(i) The sample was collected from a defendant upon conviction for a municipal offense where the underlying ordinance does not adopt the relevant state statute by reference but the offense is otherwise equivalent to an offense in subsection (1)(a) of this section;
(ii) The equivalent offense in subsection (1)(a) of this section was an offense for which collection of a biological sample was required under this section at the time of the conviction; and
(iii) The sample was collected on or after June 12, 2008, and before January 1, 2020.
(b) When submitting a biological sample under this subsection, the municipal jurisdiction must include a signed affidavit from the municipal prosecuting authority of the jurisdiction in which the conviction occurred specifying the state crime to which the municipal offense is equivalent.
(3) Law enforcement may submit to the forensic laboratory services bureau of the Washington state patrol, for purposes of DNA identification analysis, any lawfully obtained biological sample within its control from a deceased offender who was previously convicted of an offense under subsection (1)(a) of this section, regardless of the date of conviction.
(4) If the Washington state patrol crime laboratory already has a DNA sample from an individual for a qualifying offense, a subsequent submission is not required to be submitted.
(5) Biological samples shall be collected in the following manner:
(a)(i)(A) For persons convicted of any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense, who do not serve a term of confinement in a department of corrections facility or a department of children, youth, and families facility, and are serving a term of confinement in a city or county jail facility, the city or county jail facility shall be responsible for obtaining the biological samples prior to the person's release from confinement.
(B) Each city and county jail facility must adopt and implement a policy that collects biological samples from persons convicted of an offense listed in subsection (1)(a) of this section as soon as practicable during the person's term of confinement.
(ii) If the biological sample is not collected prior to the person's release from confinement, the responsible city or county jail facility shall notify the sentencing court within three business days of the person's release that it has released the person without collecting the person's biological sample, and provide the reason for releasing the person without collecting a biological sample. Within 10 days of receiving notice of the person's release, the sentencing court shall schedule a compliance hearing. The jail shall serve or cause to be served notice to the person of the compliance hearing and shall file proof of service with the sentencing court. A representative of the jail shall attend the compliance hearing and obtain the person's biological sample at the hearing. The court may, in its discretion, require the jail to pay attorneys' fees and court costs associated with scheduling and attending the compliance hearing.
(b) The local police department or sheriff's office shall be responsible for obtaining the biological samples for:
(i) Persons convicted of any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense, who do not serve a term of confinement in a department of corrections facility, department of children, youth, and families facility, or a city or county jail facility; and
(ii) Persons who are required to register under RCW 9A.44.130
.
(c)(i) For persons convicted of any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense, who are serving or who are to serve a term of confinement in a department of corrections facility or a department of children, youth, and families facility, the facility holding the person shall be responsible for obtaining the biological samples as part of the intake process. If the facility did not collect the biological sample during the intake process, then the facility shall collect the biological sample as soon as is practicable prior to the person's release from confinement. For those persons incarcerated before June 12, 2008, who have not yet had a biological sample collected, priority shall be given to those persons who will be released the soonest.
(ii) If the biological sample is not collected prior to the person's release from confinement, the responsible department of corrections facility or department of children, youth, and families facility shall notify the sentencing court within three business days of the person's release that it has released the person without collecting the person's biological sample. Within 10 days of receiving notice of the person's release, the sentencing court shall schedule a compliance hearing. The responsible department of corrections facility or department of children, youth, and families facility shall serve or cause to be served notice to the person of the compliance hearing and shall file proof of service with the sentencing court. A representative of the responsible department of corrections facility or department of children, youth, and families facility shall attend the compliance hearing and obtain the person's biological sample at the hearing. The court may, in its discretion, require the responsible department of corrections facility or department of children, youth, and families facility to pay attorneys' fees and court costs associated with scheduling and attending the compliance hearing.
(d) For persons convicted of any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense, who will not serve a term of confinement, the court shall: Order the person to be administratively booked at a city or county jail facility for the sole purpose of providing a biological sample; or if the local police department or sheriff's office has a protocol for collecting the biological sample in the courtroom, order the person to immediately provide the biological sample to the local police department or sheriff's office before leaving the presence of the court. The court must further inform the person that refusal to provide a biological sample is a gross misdemeanor under this section.
(e) For persons convicted of any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense, the court shall create and implement a biological sample collection protocol. The court shall order the biological samples at the time of sentencing. The court shall inform the person that refusal to provide a biological sample is a gross misdemeanor under this section. If the biological sample is not collected at the time of sentencing, then the biological sample shall be collected pursuant to (a) through (d) of this subsection (5), and the court shall schedule a compliance hearing within 10 days of the sentencing to ensure that the biological sample has been collected.
(6) Any biological sample taken pursuant to RCW 43.43.752
through
43.43.758
may be retained by the forensic laboratory services bureau, and shall be used solely for the purpose of providing DNA or other tests for identification analysis and prosecution of a criminal offense or for the identification of human remains or missing persons. Nothing in this section prohibits the submission of results derived from the biological samples to the federal bureau of investigation combined DNA index system.
(7) The forensic laboratory services bureau of the Washington state patrol is responsible for testing performed on all biological samples that are collected under this section, to the extent allowed by funding available for this purpose. Known duplicate samples may be excluded from testing unless testing is deemed necessary or advisable by the director.
(8) This section applies to:
(a) All adults and juveniles to whom this section applied prior to June 12, 2008;
(b) All adults and juveniles to whom this section did not apply prior to June 12, 2008, who:
(i) Are convicted on or after June 12, 2008, of an offense listed in subsection (1)(a) of this section on the date of conviction; or
(ii) Were convicted prior to June 12, 2008, of an offense listed in subsection (1)(a) of this section and are still incarcerated on or after June 12, 2008;
(c) All adults and juveniles who are required to register under RCW 9A.44.130
on or after June 12, 2008, whether convicted before, on, or after June 12, 2008; and
(d) All samples submitted under subsections (2) and (3) of this section.
(9) This section creates no rights in a third person. No cause of action may be brought based upon the noncollection or nonanalysis or the delayed collection or analysis of a biological sample authorized to be taken under RCW 43.43.752
through
43.43.758
.
(10) The detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the sample was obtained or placed in the database by mistake, or if the conviction or juvenile adjudication that resulted in the collection of the biological sample was subsequently vacated or otherwise altered in any future proceeding including but not limited to posttrial or postfact-finding motions, appeals, or collateral attacks. No cause of action may be brought against the state based upon the analysis of a biological sample authorized to be taken pursuant to a municipal ordinance if the conviction or adjudication that resulted in the collection of the biological sample was subsequently vacated or otherwise altered in any future proceeding including, but not limited to, posttrial or postfact-finding motions, appeals, or collateral attacks.
(11) A person commits the crime of refusal to provide DNA if the person willfully refuses to comply with a legal request for a DNA sample as required under this section. The refusal to provide DNA is a gross misdemeanor.
[
2023 c 197 s 7
;
2021 c 215 s 149
;
2020 c 26 s 7
;
2019 c 443 s 3
;
2017 c 272 s 4
;
2015 c 261 s 10
;
2008 c 97 s 2
;
2002 c 289 s 2
;
1999 c 329 s 2
;
1994 c 271 s 402
;
1990 c 230 s 3
;
1989 c 350 s 4
.]
NOTES:
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Intent
—
2020 c 26:
See note following RCW 63.21.090
.
Short title
—
2019 c 443:
"This act may be known and cited as Jennifer and Michella's law." [
2019 c 443 s 1
.]
Findings
—
2019 c 443:
"The legislature finds that the state of Washington has for decades routinely required collection of DNA biological samples from certain convicted offenders and persons required to register as sex and kidnapping offenders. The resulting DNA data has proven to be an invaluable component of forensic evidence analysis. Not only have DNA matches focused law enforcement efforts and resources on productive leads, assisted in the expeditious conviction of guilty persons, and provided identification of recidivist and cold case offenders, DNA analysis has also played a crucial role in absolving wrongly suspected and convicted persons and in providing resolution to those who have tragically suffered unimaginable harm.
In an effort to solve cold cases and unsolved crimes, to provide closure to victims and their family members, and to support efforts to exonerate the wrongly accused or convicted, the legislature finds that procedural improvements and measured expansions to the collection and analysis of lawfully obtained DNA biological samples are both appropriate and necessary." [
2019 c 443 s 2
.]
Severability
—
Effective date
—
2002 c 289:
See notes following RCW 43.43.753
.
Findings
—
1999 c 329:
"The legislature finds it necessary to expand the current pool of convicted offenders who must have a blood sample drawn for purposes of DNA identification analysis. The legislature further finds that there is a high rate of recidivism among certain types of violent and sex offenders and that drawing blood is minimally intrusive. Creating an expanded DNA data bank bears a rational relationship to the public's interest in enabling law enforcement to better identify convicted violent and sex offenders who are involved in unsolved crimes, who escape to reoffend, and who reoffend after release." [
1999 c 329 s 1
.]
Severability
—
1999 c 329:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1999 c 329 s 3
.]
Finding
—
1994 c 271:
"The legislature finds that DNA identification analysis is an accurate and useful law enforcement tool for identifying and prosecuting sexual and violent offenders. The legislature further finds no compelling reason to exclude juvenile sexual and juvenile violent offenders from DNA identification analysis." [
1994 c 271 s 401
.]
Purpose
—
Severability
—
1994 c 271:
See notes following RCW 9A.28.020
.
Finding
—
Funding limitations
—
1989 c 350:
See notes following RCW 43.43.752
.
RCW 43.43.7541
DNA identification system
—
Collection of biological samples
—
Fees prior to July 1, 2023
—
Distribution
—
Waiver.
(1) The clerk of the court shall transmit 80 percent of any amounts collected for fees imposed prior to July 1, 2023, for the collection of an offender's DNA to the state treasurer for deposit in the state DNA database account created under RCW 43.43.7532, and shall transmit 20 percent of the fee collected to the agency responsible for collection of a biological sample from the offender as required under RCW 43.43.754
.
(2) Upon motion by the offender, the court shall waive any fee for the collection of the offender's DNA imposed prior to July 1, 2023.
[
2023 c 449 s 4
;
2018 c 269 s 18
;
2015 c 265 s 31
;
2011 c 125 s 1
;
2008 c 97 s 3
;
2002 c 289 s 4
.]
NOTES:
Effective date
—
2023 c 449:
See note following RCW 13.40.058
.
Construction
—
2018 c 269:
See note following RCW 10.82.090
.
Finding
—
Intent
—
2015 c 265:
See note following RCW 13.50.010
.
Severability
—
Effective date
—
2002 c 289:
See notes following RCW 43.43.753
.
RCW 43.43.756
DNA identification system
—
Analysis, assistance, and testimony services.
The Washington state patrol forensic laboratory services bureau may:
(1) Provide DNA analysis services to law enforcement agencies throughout the state;
(2) Provide assistance to law enforcement officials and prosecutors in the preparation and utilization of DNA evidence for presentation in court; and
(3) Provide expert testimony in court on DNA evidentiary issues.
[
2008 c 97 s 4
;
1989 c 350 s 5
.]
NOTES:
Finding
—
Funding limitations
—
1989 c 350:
See notes following RCW 43.43.752
.
RCW 43.43.758
DNA identification system
—
Local law enforcement systems
—
Limitations.
(1) Except as provided in subsection (2) of this section, no local law enforcement agency may establish or operate a DNA identification system before July 1, 1990, and unless:
(a) The equipment of the local system is compatible with that of the state system under RCW 43.43.752
;
(b) The local system is equipped to receive and answer inquiries from the Washington state patrol DNA identification system and transmit data to the Washington state patrol DNA identification system; and
(c) The procedure and rules for the collection, analysis, storage, expungement, and use of DNA identification data do not conflict with procedures and rules applicable to the state patrol DNA identification system.
(2) Nothing in this section shall prohibit a local law enforcement agency from performing DNA identification analysis in individual cases to assist law enforcement officials and prosecutors in the preparation and use of DNA evidence for presentation in court.
[
1990 c 230 s 2
;
1989 c 350 s 6
.]
NOTES:
Finding
—
Funding limitations
—
1989 c 350:
See notes following RCW 43.43.752
.
RCW 43.43.759
DNA identification system
—
Rule-making requirements.
The Washington state patrol shall consult with the forensic investigations council and adopt rules to implement RCW 43.43.752
through
43.43.758
. The rules shall prohibit the use of DNA identification data for any research or other purpose that is not related to a criminal investigation, to the identification of human remains or missing persons, or to improving the operation of the system authorized by RCW 43.43.752
through
43.43.758
. The rules must also identify appropriate sources and collection methods for biological samples needed for purposes of DNA identification analysis.
[
2002 c 289 s 3
;
1990 c 230 s 1
.]
NOTES:
Severability
—
Effective date
—
2002 c 289:
See notes following RCW 43.43.753
.
RCW 43.43.760
Personal identification
—
Requests
—
Purpose
—
Applicants
—
Fee.
(1) Whenever a resident of this state appears before any law enforcement agency and requests an impression of his or her fingerprints to be made, such agency may comply with his or her request and make the required copies of the impressions on forms marked "Personal Identification". The required copies shall be forwarded to the section and marked "for personal identification only".
The section shall accept and file such fingerprints submitted voluntarily by such resident, for the purpose of securing a more certain and easy identification in case of death, injury, loss of memory, or other similar circumstances. Upon the request of such person, the section shall return his or her identification data.
(2) Whenever a person claiming to be a victim of identity theft appears before any law enforcement agency and requests an impression of his or her fingerprints to be made, such agency may comply with this request and make the required copies of the impressions on forms marked "Personal Identification." The required copies shall be forwarded to the section and marked "for personal identification only."
The section shall accept and file such fingerprints submitted by such resident, for the purpose of securing a more certain and easy identification in cases of identity theft. The section shall provide a statement showing that the victim's impression of fingerprints has been accepted and filed with the section.
The statement provided to the victim shall state clearly in twelve-point print:
"The person holding this statement has claimed to be a victim of identity theft. Pursuant to chapter
9.35
RCW, a business is required by law to provide this victim with copies of all relevant application and transaction information related to the transaction being alleged as a potential or actual identity theft. A business must provide this information once the victim makes a request in writing, shows this statement, any government issued photo identification card, and a copy of a police report."
Upon the request of such person, the section shall return his or her identification data.
(3) Whenever any person is an applicant for appointment to any position or is an applicant for employment or is an applicant for a license to be issued by any governmental agency, and the law or a regulation of such governmental agency requires that the applicant be of good moral character or not have been convicted of a crime, or is an applicant for appointment to or employment with a criminal justice agency, or the department, or is an applicant for the services of an international matchmaking organization, the applicant may request any law enforcement agency to make an impression of his or her fingerprints to be submitted to the section. The law enforcement agency may comply with such request and make copies of the impressions on forms marked "applicant", and submit such copies to the section.
The section shall accept such fingerprints and shall cause its files to be examined and shall promptly send to the appointing authority, employer, licensing authority, or international matchmaking organization indicated on the form of application, a transcript of the record of previous crimes committed by the person described on the data submitted, or a transcript of the *dependency record information regarding the person described on the data submitted, or if there is no record of his or her commission of any crimes, or if there is no *dependency record information, a statement to that effect.
(4) The Washington state patrol shall charge fees for processing of noncriminal justice system requests for criminal history record information pursuant to this section which will cover, as nearly as practicable, the direct and indirect costs to the patrol of processing such requests.
Any law enforcement agency may charge a fee not to exceed five dollars for the purpose of taking fingerprint impressions or searching its files of identification for noncriminal purposes.
[
2002 c 115 s 5
;
2001 c 217 s 3
;
1985 c 201 s 15
;
1983 c 184 s 1
;
1972 ex.s. c 152 s 13
.]
NOTES:
*Reviser's note:
The definition for "dependency record information" was removed by
2006 c 294 s 2
.
Effective date
—
2002 c 115:
See RCW 19.220.900
.
Captions not law
—
2001 c 217:
See note following RCW 9.35.005
.
Dissemination of information
—
Limitations
—
Disclaimer of liability: RCW 43.43.815
.
RCW 43.43.762
Criminal street gang database
—
Information exempt from public disclosure.
The Washington association of sheriffs and police chiefs shall work with the Washington state patrol to coordinate, designate, and recommend the use of a statewide database accessible by law enforcement agencies that utilizes existing resources, networks, or structures for assessing and addressing the problems associated with criminal street gangs.
(1) The gang database shall comply with federal regulations for state law enforcement databases shared with other law enforcement agencies, including auditing and access to data.
(2) The Washington state patrol, in consultation with the Washington state association of sheriffs and police chiefs, shall adopt uniform state criteria for entering gangs, gang members, and gang associates into the database. Data on individuals may be entered only based on reasonable suspicion of criminal activity or actual criminal activity and must be supported by documentation, where documentation is available.
(3) Information in the database shall be available to all local, state, and federal general authority law enforcement agencies, the Washington department of corrections, and the juvenile rehabilitation administration of the Washington department of social and health services solely for gang enforcement and for tracking gangs, gang members, and gang incidents. Information in the database shall not be available for public use.
(4) The database shall provide an internet-based multiagency, multilocation, information-sharing application that operates in a network fashion.
(5) The database shall be used solely as a law enforcement intelligence tool and shall not be used as evidence in any criminal, civil, or administrative proceeding. Law enforcement may use the information within the database to obtain information external to the database to formulate the probable cause necessary to make a stop or arrest. The mere existence of information relating to an individual within the database does not by itself justify a stop or arrest.
(6) Access to the database shall be determined by the chief executive officer of each participating agency. Information about specific individuals in the database shall be automatically expunged if: (a) No new or updated information has been entered into the database within the previous five years; (b) there are no pending criminal charges against such person in any court in this state or another state or in any federal court; (c) the person has not been convicted of a new crime in this state, another state, or federal court within the last five years; and (d) it has been five years since the person completed his or her term of total confinement.
(7) Each law enforcement and criminal justice agency using the database is required to:
(a) Identify a system administrator that is responsible for annually auditing the use of the system within his or her respective agency to ensure agency compliance with policies established for the use of the database;
(b) Ensure that all users of the database receive training on the use of the database before granting the users access to the database;
(c) Ensure that any information entered into the database relates to a criminal street gang associate or gang member who is twelve years old or older;
(d) Annually produce a gang threat assessment report including available data sources such as uniform crime reports, record management systems, and entries into the statewide gang database. Local public schools shall also be encouraged to provide data to the local gang threat assessment report.
(8) The database and all contents in the database are confidential and exempt from public disclosure under chapter
42.56
RCW.
(9) Any public employee or public agency as defined in RCW 4.24.470, or units of local government and its employees, as provided in RCW 36.28A.010, and the Washington association of sheriffs and police chiefs and its employees are immune from civil liability for damages arising from incidents involving a person who has been included in the database, unless it is shown that an employee acted with gross negligence or bad faith.
[
2008 c 276 s 201
.]
NOTES:
Severability
—
Part headings, subheadings not law
—
2008 c 276:
See notes following RCW 36.28A.200
.
RCW 43.43.765
Reports of transfer, release or changes as to committed or imprisoned persons
—
Records.
The principal officers of the jails, correctional institutions, state mental institutions and all places of detention to which a person is committed under chapter
10.77
RCW, chapter
71.06
RCW, or chapter
71.09
RCW for treatment or under a sentence of imprisonment for any crime as provided for in RCW 43.43.735
shall within seventy-two hours, report to the section, any interinstitutional transfer, release or change of release status of any person held in custody pursuant to the rules promulgated by the chief.
The principal officers of all state mental institutions to which a person has been committed under chapter
10.77
RCW, chapter
71.06
RCW, or chapter
71.09
RCW shall keep a record of the photographs, description, fingerprints, and other identification data as may be obtainable from the appropriate criminal justice agency.
[
1990 c 3 s 131
;
1983 c 3 s 108
;
1972 ex.s. c 152 s 14
.]
RCW 43.43.770
Unidentified deceased persons.
It shall be the duty of the sheriff or director of public safety of every county, or the chief of police of every city or town, or the chief officer of other law enforcement agencies operating within this state, coroners or medical examiners, to record whenever possible the fingerprints and such other identification data as may be useful to establish identity, of all unidentified dead bodies found within their respective jurisdictions, and to furnish to the section all data so obtained. The section shall search its files and otherwise make a reasonable effort to determine the identity of the deceased and notify the contributing agency of the finding.
In all cases where there is found to exist a criminal record for the deceased, the section shall notify the federal bureau of investigation and each criminal justice agency, within or outside the state in whose jurisdiction the decedent has been arrested, of the date and place of death of decedent.
[
1972 ex.s. c 152 s 15
.]
RCW 43.43.775
Interagency contracts.
The legislative authority of any county, city or town may authorize its sheriff, director of public safety or chief of police to enter into any contract with another public agency which is necessary to carry out the provisions of chapter 152, laws of 1972 ex. sess.
[
1972 ex.s. c 152 s 16
.]
RCW 43.43.780
Transfer of records, data, equipment to section.
All fingerprint cards, photographs, file cabinets, equipment, and other records collected and filed by the bureau of criminal identification, and now in the department of social and health services shall be transferred to the Washington state patrol for use by the *section on identification created by chapter 152, Laws of 1972 ex. sess.
[
1972 ex.s. c 152 s 17
.]
NOTES:
*Reviser's note:
The "section on identification" was renamed the "identification and criminal history section" by
2006 c 294 s 1
.
RCW 43.43.785
Criminal justice services
—
Consolidation
—
Establishment of program.
The legislature finds that there is a need for the Washington state patrol to establish a program which will consolidate existing programs of criminal justice services within its jurisdiction so that such services may be more effectively utilized by the criminal justice agencies of this state. The chief shall establish such a program which shall include but not be limited to the identification section, all auxiliary systems including the Washington crime information center and the teletypewriter communications network, the drug control assistance unit, and any other services the chief deems necessary which are not directly related to traffic control.
[
1999 c 151 s 1102
;
1972 ex.s. c 152 s 18
.]
NOTES:
Part headings not law
—
Effective date
—
1999 c 151:
See notes following RCW 18.28.010
.
RCW 43.43.800
Criminal justice services programs
—
Duties of executive committee.
The executive committee created in RCW 10.98.160
shall review the provisions of RCW 43.43.700
through
43.43.785
and the administration thereof and shall consult with and advise the chief of the state patrol on matters pertaining to the policies of criminal justice services program.
[
1999 c 151 s 1103
;
1972 ex.s. c 152 s 21
.]
NOTES:
Part headings not law
—
Effective date
—
1999 c 151:
See notes following RCW 18.28.010
.
RCW 43.43.810
Obtaining information by false pretenses
—
Unauthorized use of information
—
Falsifying records
—
Penalty.
Any person who willfully requests, obtains or seeks to obtain criminal history record information under false pretenses, or who willfully communicates or seeks to communicate criminal history record information to any agency or person except in accordance with chapter 152, Laws of 1972 ex. sess., or any member, officer, employee or agent of the section, the council or any participating agency, who willfully falsifies criminal history record information, or any records relating thereto, shall for each such offense be guilty of a misdemeanor.
[
2006 c 294 s 8
;
1977 ex.s. c 314 s 17
;
1972 ex.s. c 152 s 23
.]
RCW 43.43.815
Conviction record furnished to employer
—
Purposes
—
Notification to subject of record
—
Fees
—
Limitations
—
Injunctive relief, damages, attorneys' fees
—
Disclaimer of liability
—
Rules.
(1) Notwithstanding any provision of RCW 43.43.700
through
43.43.810
to the contrary, the Washington state patrol shall furnish a conviction record, as defined in RCW 10.97.030, pertaining to any person of whom the Washington state patrol has a record upon the written or electronic request of any employer for the purpose of:
(a) Securing a bond required for any employment;
(b) Conducting preemployment and postemployment evaluations of employees and prospective employees who, in the course of employment, may have access to information affecting national security, trade secrets, confidential or proprietary business information, money, or items of value; or
(c) Assisting an investigation of suspected employee misconduct where such misconduct may also constitute a penal offense under the laws of the United States or any state.
(2) When an employer has received a conviction record under subsection (1) of this section, the employer shall notify the subject of the record of such receipt within thirty days after receipt of the record, or upon completion of an investigation under subsection (1)(c) of this section. The employer shall make the record available for examination by its subject and shall notify the subject of such availability.
(3) The Washington state patrol shall charge fees for disseminating records pursuant to this section which will cover, as nearly as practicable, the direct and indirect costs to the Washington state patrol of disseminating such records.
(4) Information disseminated pursuant to this section or RCW 43.43.760
shall be available only to persons involved in the hiring, background investigation, or job assignment of the person whose record is disseminated and shall be used only as necessary for those purposes enumerated in subsection (1) of this section.
(5) Any person may maintain an action to enjoin a continuance of any act or acts in violation of any of the provisions of this section, and if injured thereby, for the recovery of damages and for the recovery of reasonable attorneys' fees. If, in such action, the court finds that the defendant is violating or has violated any of the provisions of this section, it shall enjoin the defendant from a continuance thereof, and it shall not be necessary that actual damages to the plaintiff be alleged or proved. In addition to such injunctive relief, the plaintiff in the action is entitled to recover from the defendant the amount of the actual damages, if any, sustained by him or her if actual damages to the plaintiff are alleged and proved. In any suit brought to enjoin a violation of this chapter, the prevailing party may be awarded reasonable attorneys' fees, including fees incurred upon appeal. Commencement, pendency, or conclusion of a civil action for injunction or damages shall not affect the liability of a person or agency to criminal prosecution for a violation of chapter
10.97
RCW.
(6) Neither the section, its employees, nor any other agency or employee of the state is liable for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information pursuant to this section or RCW 43.43.760
.
(7) The Washington state patrol may adopt rules and forms to implement this section and to provide for security and privacy of information disseminated pursuant hereto, giving first priority to the criminal justice requirements of chapter
43.43
RCW. Such rules may include requirements for users, audits of users, and other procedures to prevent use of criminal history record information inconsistent with this section.
(8) Nothing in this section shall authorize an employer to make an inquiry not otherwise authorized by law, or be construed to affect the policy of the state declared in RCW 9.96A.010, encouraging the employment of ex-offenders.
[
2009 c 549 s 5132
;
1995 c 169 s 1
;
1982 c 202 s 1
.]
RCW 43.43.820
Stale records.
Stale records shall be destroyed in a manner to be prescribed by the chief.
[
1972 ex.s. c 152 s 25
.]
RCW 43.43.822
County sheriff to forward registration information
—
Felony firearm offense conviction database
—
Exempt from public disclosure.
(1) The county sheriff shall forward registration information, photographs, and fingerprints obtained pursuant to RCW 9.41.333
to the Washington state patrol within five working days.
(2) Upon implementation of chapter 183, Laws of 2013, the Washington state patrol shall maintain a felony firearm offense conviction database of felony firearm offenders required to register under RCW 9.41.333
and shall adopt rules as are necessary to carry out the purposes of chapter 183, Laws of 2013.
(3) Upon expiration of the person's duty to register, as described in RCW 9.41.333
(8), the Washington state patrol shall automatically remove the person's name and information from the database.
(4) The felony firearm offense conviction database of felony firearm offenders shall be used only for law enforcement purposes and is not subject to public disclosure under chapter
42.56
RCW.
[
2013 c 183 s 6
.]
RCW 43.43.823
Incorporation of denied firearm transaction records
—
Removal of record, when required
—
Notice
—
Rules.
(Contingent expiration date.)
(1) Upon receipt of the information from the Washington association of sheriffs and police chiefs pursuant to RCW 36.28A.400, the Washington state patrol must incorporate the information into its electronic database accessible to law enforcement agencies and officers, including federally recognized Indian tribes, that have a connection to the Washington state patrol electronic database.
(2) Upon receipt of documentation that a person has appealed a background check denial, the Washington state patrol shall immediately remove the record of the person initially reported pursuant to RCW 36.28A.400
from its electronic database accessible to law enforcement agencies and officers. The Washington state patrol must keep a separate record of the person's information for a period of one year or until such time as the appeal has been resolved. Every twelve months, the Washington state patrol shall notify the person that the person must provide documentation that his or her appeal is still pending or the record of the person's background check denial will be put back in its electronic database accessible to law enforcement agencies and officers. At any time, upon receipt of documentation that a person's appeal has been granted, the Washington state patrol shall remove any record of the person's denied firearms purchase or transfer application from its electronic database accessible to law enforcement agencies and officers.
(3) Upon receipt of satisfactory proof that a person who was reported to the Washington state patrol pursuant to RCW 36.28A.400
is no longer ineligible to possess a firearm under state or federal law, the Washington state patrol must remove any record of the person's denied firearms purchase or transfer application from its electronic database accessible to law enforcement agencies and officers.
(4) Upon receipt of notification from the Washington association of sheriffs and police chiefs that a person originally denied the purchase or transfer of a firearm as the result of a background check or completed and submitted firearm purchase or transfer application that indicates the applicant is ineligible to possess a firearm under state or federal law has subsequently been approved for the purchase or transfer, the Washington state patrol must remove any record of the person's denied firearms purchase or transfer application from its electronic database accessible to law enforcement agencies and officers within five business days.
(5) The Washington state patrol shall generate and distribute a notice form to all firearm dealers, to be provided by the dealers to applicants denied the purchase or transfer of a firearm as a result of a background check that indicates the applicant is ineligible to possess a firearm. The notice form must contain the following statements:
State law requires that I transmit the following information to the Washington association of sheriffs and police chiefs as a result of your firearm purchase or transfer denial within five days of the denial:
(a) Identifying information of the applicant;
(b) The date of the application and denial of the
application;
(c) Other information as prescribed by the Washington
association of sheriffs and police chiefs.
If you believe this denial is in error, and you do not exercise your right to appeal, you may be subject to criminal investigation by the Washington state patrol and/or a local law enforcement agency.
The notice form shall also contain information directing the applicant to a website describing the process of appealing a national instant criminal background check system denial through the federal bureau of investigation and refer the applicant to local law enforcement for information on a denial based on a state background check. The notice form shall also contain a phone number for a contact at the Washington state patrol to direct the person to resources regarding an individual's right to appeal a background check denial.
(6) The Washington state patrol may adopt rules as are necessary to carry out the purposes of this section.
[
2018 c 22 s 11
;
2017 c 261 s 3
.]
NOTES:
Explanatory statement
—
2018 c 22:
See note following RCW 1.20.051
.
PDF
RCW 43.43.823
Denied firearm transaction records
—
Removal of record, when required
—
Notice
—
Rules.
(Contingent effective date.)
(1) The Washington state patrol firearms background check program shall report each instance where an application for the purchase or transfer of a firearm is denied as the result of a background check that indicates the applicant is ineligible to possess a firearm to the local law enforcement agency in the jurisdiction where the attempted purchase or transfer took place. The reported information must include the identifying information of the applicant, the date of the application and denial of the application, the basis for the denial of the application, and other information deemed appropriate by the Washington state patrol firearms background check program.
(2) The Washington state patrol firearms background check program must incorporate the information concerning any person whose application for the purchase or transfer of a firearm is denied as the result of a background check into its electronic database accessible to law enforcement agencies and officers, including federally recognized Indian tribes, that have a connection to the Washington state patrol firearms background check program electronic database.
(3) Upon appeal of a background check denial, the Washington state patrol firearms background check program shall immediately remove the record of the person from its electronic database accessible to law enforcement agencies and officers and keep a separate record of the person's information until such time as the appeal has been resolved. If the appeal is denied, the Washington state patrol firearms background check program shall put the person's background check denial information back in its electronic database accessible to law enforcement agencies and officers.
(4) Upon receipt of satisfactory proof that a person is no longer ineligible to possess a firearm under state or federal law, the Washington state patrol firearms background check program must remove any record of the person's denied firearms purchase or transfer application from its electronic database accessible to law enforcement agencies and officers.
(5) In any case where the purchase or transfer of a firearm is initially denied as the result of a background check that indicates the applicant is ineligible to possess a firearm, but the purchase or transfer is subsequently approved, the Washington state patrol firearms background check program must remove any record of the person's denied firearms purchase or transfer application from its electronic database accessible to law enforcement agencies and officers within five business days and report the subsequent approval to the local law enforcement agency that received notification of the original denial.
(6) The Washington state patrol firearms background check program shall generate and distribute a notice form to all firearm dealers, to be provided by the dealers to applicants denied the purchase or transfer of a firearm as a result of a background check that indicates the applicant is ineligible to possess a firearm. The notice form must contain the following statements:
State law requires that the Washington state patrol transmit the following information to the local law enforcement agency as a result of your firearm purchase or transfer denial within five days of the denial:
(a) Identifying information of the applicant;
(b) The date of the application and denial of the
application;
(c) The basis for the denial; and
(d) Other information as determined by the Washington state patrol firearms background check program.
If you believe this denial is in error, and you do not exercise your right to appeal, you may be subject to criminal investigation by the Washington state patrol and/or a local law enforcement agency.
The notice form shall also contain information directing the applicant to a website describing the process of appealing a background check system denial and refer the applicant to the Washington state patrol firearms background check program for information on a denial based on a state background check. The notice form shall also contain a phone number for a contact at the Washington state patrol to direct the person to resources regarding an individual's right to appeal a background check denial.
(7) The Washington state patrol shall provide to the Washington association of sheriffs and police chiefs any information necessary for the administration of the grant program in RCW 36.28A.420, providing notice to a protected person pursuant to RCW 36.28A.410, or preparation of the report required under RCW 36.28A.405
.
(8) The Washington state patrol may adopt rules as are necessary to carry out the purposes of this section.
[
2024 c 289 s 6
;
2020 c 28 s 6
;
2018 c 22 s 11
;
2017 c 261 s 3
.]
NOTES:
Effective date
—
2024 c 289:
See note following RCW 9.41.111
.
Contingent effective date
—
2020 c 28 ss 5-9:
See note following RCW 9.41.114
.
Explanatory statement
—
2018 c 22:
See note following RCW 1.20.051
.
RCW 43.43.825
Guilty plea or conviction for certain felony crimes
—
Notification of state patrol
—
Transmission of information to the department of health.
(1) Upon a guilty plea or conviction of a person for any felony crime involving homicide under chapter
9A.32
RCW, assault under chapter
9A.36
RCW, kidnapping under chapter
9A.40
RCW, sex offenses under chapter
9A.44
RCW, financial crimes under chapter
9A.60
RCW, violations of the uniform controlled substances act under chapter
69.50
RCW, any drug offense defined under RCW 9.94A.030, or a crime of any type classified as a felony under Washington state law, the prosecuting attorney shall notify the state patrol of such guilty pleas or convictions.
(2) When the state patrol receives information that a person has pled guilty to or been convicted of one of the felony crimes under subsection (1) of this section, the state patrol shall transmit that information to the department of health. It is the duty of the department of health to identify whether the person holds a credential issued by a disciplining authority listed under RCW 18.130.040, and provide this information to the disciplining authority that issued the credential to the person who pled guilty or was convicted of a crime listed in subsection (1) of this section.
[
2008 c 134 s 28
;
2006 c 99 s 8
.]
NOTES:
Finding
—
Intent
—
Severability
—
2008 c 134:
See notes following RCW 18.130.020
.
RCW 43.43.830
Background checks
—
Access to children or vulnerable persons
—
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and RCW 43.43.832
through
43.43.845
.
(1) "Agency" means any person, firm, partnership, association, corporation, or facility which receives, provides services to, houses or otherwise cares for vulnerable adults, juveniles, or children, or which provides child day care, early learning, or early childhood education services.
(2) "Applicant" means:
(a) Any prospective employee, volunteer, or contractor who will or may have supervised or unsupervised access to children, the elderly, or individuals with disabilities during the course of his or her employment or involvement with the business or organization;
(b) Any prospective volunteer who will have regularly scheduled unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults during the course of his or her employment or involvement with the business or organization under circumstances where such access will or may involve groups of (i) five or fewer children under twelve years of age, (ii) three or fewer children between twelve and sixteen years of age, (iii) developmentally disabled persons, or (iv) vulnerable adults;
(c) Any prospective adoptive parent, as defined in RCW 26.33.020
; or
(d) Any prospective custodian in a nonparental custody proceeding under *chapter
26.10
RCW.
(3) "Business or organization" means a person, business, or organization licensed in this state, any agency of the state, or other governmental entity, that educates, trains, treats, supervises, houses, or provides recreation to developmentally disabled persons, vulnerable adults, or children under sixteen years of age, or that provides child day care, early learning, or early learning childhood education services, including but not limited to public housing authorities, school districts, and educational service districts.
(4) "Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.
(5) "Civil adjudication proceeding" is a judicial or administrative adjudicative proceeding that results in a finding of, or upholds an agency finding of, domestic violence, abuse, sexual abuse, neglect, abandonment, violation of a professional licensing standard regarding a child or vulnerable adult, or exploitation or financial exploitation of a child or vulnerable adult under any provision of law, including but not limited to chapter
13.34, 26.44, or
74.34
RCW, or rules adopted under chapters
18.51
and
74.42
RCW. "Civil adjudication proceeding" also includes judicial or administrative findings that become final due to the failure of the alleged perpetrator to timely exercise a legal right to administratively challenge such findings.
(6) "Client" or "resident" means a child, person with developmental disabilities, or vulnerable adult applying for housing assistance from a business or organization.
(7) "Conviction record" means "conviction record" information as defined in RCW 10.97.030
and **
10.97.050
relating to a crime committed by either an adult or a juvenile. It does not include a conviction for an offense that has been the subject of an expungement, pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or a conviction that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. It does include convictions for offenses for which the defendant received a deferred or suspended sentence, unless the record has been expunged according to law.
(8) "Covered individual" means an individual:
(a) Who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity; and
(b) Who:
(i) Is employed by, volunteers with, or contracts with, or seeks to be employed by or volunteer or contract with a qualified entity; or
(ii) Owns or operates or seeks to own or operate, a qualified entity.
(9) "Crime against children or other persons" means a conviction of any of the following offenses: Aggravated murder; first or second degree murder; first or second degree kidnapping; first, second, or third degree assault; fourth degree assault (if a violation of RCW 9A.36.041
(3)); first, second, or third degree assault of a child; first, second, or third degree rape; first, second, or third degree rape of a child; first or second degree robbery; first degree arson; first degree burglary; first or second degree manslaughter; first or second degree extortion; indecent liberties; incest; vehicular homicide; first degree promoting prostitution; communication with a minor; unlawful imprisonment; simple assault; sexual exploitation of minors; first or second degree criminal mistreatment; endangerment with a controlled substance; child abuse or neglect as defined in RCW 26.44.020
; first or second degree custodial interference; first or second degree custodial sexual misconduct; hate crime; first, second, or third degree child molestation; first or second degree sexual misconduct with a minor; commercial sexual abuse of a minor; child abandonment; promoting pornography; selling or distributing erotic material to a minor; custodial assault; violation of child abuse restraining order; child buying or selling; prostitution; felony indecent exposure; criminal abandonment; or any of these crimes as they may be renamed in the future.
(10) "Crimes relating to drugs" means a conviction of a crime to manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.
(11) "Crimes relating to financial exploitation" means a conviction for first, second, or third degree extortion; first, second, or third degree theft; first or second degree robbery; forgery; or any of these crimes as they may be renamed in the future.
(12) "Elderly" means a person 60 years of age or older.
(13) "Financial exploitation" means "financial exploitation" as defined in RCW 74.34.020
.
(14) "Health care facility" means a nursing home licensed under chapter
18.51
RCW, an assisted living facility licensed under chapter
18.20
RCW, or an adult family home licensed under chapter
70.128
RCW.
(15) "Individuals with disabilities" means persons with the functional, mental, or physical inability to care for themselves, individuals with developmental disabilities, or individuals subject to a conservatorship or guardianship.
(16) "Peer counselor" means a nonprofessional person who has equal standing with another person, providing advice on a topic about which the nonprofessional person is more experienced or knowledgeable, and who is a counselor for a peer counseling program that contracts with or is otherwise approved by the department, another state or local agency, or the court.
(17) "Qualified entity" means a business or organization, whether public, private, for profit, not for profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.
(18) "Unsupervised" means not in the presence of:
(a) Another employee or volunteer from the same business or organization as the applicant; or
(b) Any relative or guardian of any of the children, the elderly, or individuals with disabilities to which the applicant has access during the course of his or her employment or involvement with the qualified entity, business, or organization.
With regard to peer counselors, "unsupervised" does not include incidental contact with children under age sixteen at the location at which the peer counseling is taking place. "Incidental contact" means minor or casual contact with a child in an area accessible to and within visual or auditory range of others. It could include passing a child while walking down a hallway but would not include being alone with a child for any period of time in a closed room or office.
(19) "Vulnerable adult" means "vulnerable adult" as defined in chapter
74.34
RCW, except that for the purposes of requesting and receiving background checks pursuant to RCW 43.43.832, it shall also include adults of any age who lack the functional, mental, or physical ability to care for themselves.
[
2025 c 60 s 1
;
2019 c 271 s 10
;
2017 c 272 s 5
;
2012 c 44 s 1
. Prior:
2011 c 253 s 5
;
2007 c 387 s 9
;
2005 c 421 s 1
;
2003 c 105 s 5
;
2002 c 229 s 3
;
1999 c 45 s 5
;
1998 c 10 s 1
;
1996 c 178 s 12
;
1995 c 250 s 1
;
1994 c 108 s 1
;
1992 c 145 s 16
; prior:
1990 c 146 s 8
;
1990 c 3 s 1101
; prior:
1989 c 334 s 1
;
1989 c 90 s 1
;
1987 c 486 s 1
.]
NOTES:
Reviser's note:
*(1) Chapter
26.10
RCW, with the exception of RCW 26.10.115, was repealed by
2020 c 312 s 905
. RCW 26.10.115
was repealed by 2021 c 215 s 170, effective July 1, 2022.
**(2) RCW 10.97.050
was amended by 2012 c 125 s 2, eliminating the limitation on what may be included in a conviction record.
Effective date
—
2002 c 229:
See note following RCW 9A.42.100
.
Effective date
—
1996 c 178:
See note following RCW 18.35.110
.
At-risk children volunteer program: RCW 43.150.080
.
State hospitals: RCW 72.23.035
.
RCW 43.43.832
Background checks
—
Disclosure of information
—
Sharing of state criminal background information by health care facilities.
(1) The Washington state patrol identification and criminal history section shall disclose conviction records as follows:
(a) An applicant's conviction record, upon the request of a business or organization as defined in RCW 43.43.830, a developmentally disabled person, or a vulnerable adult as defined in RCW 43.43.830
or his or her guardian;
(b) The conviction record of an applicant for certification, upon the request of the Washington professional educator standards board;
(c) Any conviction record to aid in the investigation and prosecution of child, developmentally disabled person, and vulnerable adult abuse cases and to protect children and adults from further incidents of abuse, upon the request of a law enforcement agency, the office of the attorney general, prosecuting authority, or the department of social and health services; and
(d) A prospective client's or resident's conviction record, upon the request of a business or organization that qualifies for exemption under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) and that provides emergency shelter or transitional housing for children, persons with developmental disabilities, or vulnerable adults.
(2) The secretary of the department of social and health services and the secretary of children, youth, and families must establish rules and set standards to require specific action when considering the information received pursuant to subsection (1) of this section, and when considering additional information including but not limited to civil adjudication proceedings as defined in RCW 43.43.830
and any out-of-state equivalent, in the following circumstances:
(a) When considering persons for state employment in positions directly responsible for the supervision, care, or treatment of children, vulnerable adults, or individuals with mental illness or developmental disabilities provided that: For persons residing in a home that will be utilized to provide foster care for dependent youth, a criminal background check will be required for all persons aged sixteen and older and the department of children, youth, and families may require a criminal background check for persons who are younger than sixteen in situations where it may be warranted to ensure the safety of youth in foster care;
(b) When considering persons for state positions involving unsupervised access to vulnerable adults to conduct comprehensive assessments, financial eligibility determinations, licensing and certification activities, investigations, surveys, or case management; or for state positions otherwise required by federal law to meet employment standards;
(c) When licensing agencies or facilities with individuals in positions directly responsible for the care, supervision, or treatment of children, developmentally disabled persons, or vulnerable adults, including but not limited to agencies or facilities licensed under chapter
74.15
or
18.51
RCW;
(d) When contracting with individuals or businesses or organizations for the care, supervision, case management, or treatment, including peer counseling, of children, developmentally disabled persons, or vulnerable adults, including but not limited to services contracted for under chapter
18.20, 70.127, 70.128, 72.36, or
74.39A
RCW or Title
71A
RCW;
(e) When individual providers as defined in RCW 74.39A.240
or providers paid by home care agencies provide in-home services involving unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter
74.34
RCW, including but not limited to services provided under chapter
74.39
or
74.39A
RCW.
(3) The secretary of the department of children, youth, and families shall investigate the conviction records, pending charges, and other information including civil adjudication proceeding records of current employees and of any person actively being considered for any position with the department who will or may have unsupervised access to children, or for state positions otherwise required by federal law to meet employment standards. "Considered for any position" includes decisions about (a) initial hiring, layoffs, reallocations, transfers, promotions, or demotions, or (b) other decisions that result in an individual being in a position that will or may have unsupervised access to children as an employee, an intern, or a volunteer.
(4) The secretary of the department of children, youth, and families shall adopt rules and investigate conviction records, pending charges, and other information including civil adjudication proceeding records, in the following circumstances:
(a) When licensing or certifying agencies with individuals in positions that will or may have unsupervised access to children who are in child day care, in early learning programs, or receiving early childhood education services, including but not limited to licensees, agency staff, interns, volunteers, contracted providers, and persons living on the premises who are sixteen years of age or older;
(b) When authorizing individuals who will or may have unsupervised access to children who are in child day care, in early learning programs, or receiving early childhood learning education services in licensed or certified agencies, including but not limited to licensees, agency staff, interns, volunteers, contracted providers, and persons living on the premises who are sixteen years of age or older;
(c) When contracting with any business or organization for activities that will or may have unsupervised access to children who are in child day care, in early learning programs, or receiving early childhood learning education services;
(d) When establishing the eligibility criteria for individual providers to receive state paid subsidies to provide child day care or early learning services that will or may involve unsupervised access to children; and
(e) When responding to a request from an individual for a certificate of parental improvement under chapter
74.13
RCW.
(5) Whenever a state conviction record check is required by state law, persons may be employed or engaged as volunteers or independent contractors on a conditional basis pending completion of the state background investigation. Whenever a national criminal record check through the federal bureau of investigation is required by state law, a person may be employed or engaged as a volunteer or independent contractor on a conditional basis pending completion of the national check. The office of financial management shall adopt rules to accomplish the purposes of this subsection as it applies to state employees. The department of social and health services shall adopt rules to accomplish the purpose of this subsection as it applies to long-term care workers subject to RCW 74.39A.056
.
(6)(a) For purposes of facilitating timely access to criminal background information and to reasonably minimize the number of requests made under this section, recognizing that certain health care providers change employment frequently, health care facilities may, upon request from another health care facility, share copies of completed Washington state criminal background inquiry information.
(b) Completed state criminal background inquiry information may be shared by a willing health care facility only if the following conditions are satisfied: The licensed health care facility sharing the state criminal background inquiry information is reasonably known to be the person's most recent employer, no more than twelve months has elapsed from the date the person was last employed at a licensed health care facility to the date of their current employment application, and the state criminal background information is no more than two years old.
(c) If state criminal background inquiry information is shared, the health care facility employing the subject of the inquiry must require the applicant to sign a disclosure statement indicating that there has been no conviction or finding as described in RCW 43.43.842
since the completion date of the most recent criminal background inquiry.
(d) Any health care facility that knows or has reason to believe that an applicant has or may have a disqualifying conviction or finding as described in RCW 43.43.842, subsequent to the completion date of their most recent criminal background inquiry, shall be prohibited from relying on the applicant's previous employer's state criminal background inquiry information. A new state criminal background inquiry shall be requested pursuant to RCW 43.43.830
through
43.43.842
.
(e) Health care facilities that share state criminal background inquiry information shall be immune from any claim of defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of this information in accordance with this subsection.
(f) Health care facilities shall transmit and receive the state criminal background inquiry information in a manner that reasonably protects the subject's rights to privacy and confidentiality.
(7) The department of social and health services may not consider any final founded finding of physical abuse or negligent treatment or maltreatment of a child made pursuant to chapter
26.44
RCW that is accompanied by a certificate of parental improvement or dependency as a result of a finding of abuse or neglect pursuant to chapter
13.34
RCW that is accompanied by a certificate of parental improvement when evaluating an applicant or employee's character, competency, and suitability pursuant to any background check authorized or required by this chapter, RCW 43.20A.710
or
74.39A.056, or any of the rules adopted thereunder.
[
2023 c 223 s 2
;
2021 c 203 s 1
;
2020 c 270 s 7
;
2019 c 146 s 6
. Prior:
2017 3rd sp.s. c 20 s 5
;
2017 3rd sp.s. c 6 s 224
; prior:
2012 c 44 s 2
;
2012 c 10 s 41
;
2011 c 253 s 6
;
2007 c 387 s 10
;
2006 c 263 s 826
;
2005 c 421 s 2
;
2000 c 87 s 1
;
1997 c 392 s 524
;
1995 c 250 s 2
;
1993 c 281 s 51
;
1990 c 3 s 1102
; prior:
1989 c 334 s 2
;
1989 c 90 s 2
;
1987 c 486 s 2
.]
NOTES:
Effective date
—
2021 c 203:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 2021]." [
2021 c 203 s 18
.]
Retroactive application
—
2021 c 203:
"This act is remedial and curative in nature and all of its sections apply retroactively to February 29, 2020, to include the period of the state of emergency created by the COVID-19 outbreak. In any instance where this act grants rule-making authority to the department of social and health services or the department of health, the agencies may adopt the rules as emergency rules and may make the rules retroactively effective." [
2021 c 203 s 19
.]
Effective date
—
2020 c 270:
See note following RCW 74.13.720
.
Construction
—
Competitive procurement process and contract provisions
—
Conflict with federal requirements and Indian Child Welfare Act of 1978
—
2017 3rd sp.s. c 20:
See notes following RCW 74.13.270
.
Effective date
—
2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822:
See note following RCW 43.216.025
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Application
—
2012 c 10:
See note following RCW 18.20.010
.
Findings
—
Purpose
—
Part headings not law
—
2006 c 263:
See notes following RCW 28A.150.230
.
Short title
—
Findings
—
Construction
—
Conflict with federal requirements
—
Part headings and captions not law
—
1997 c 392:
See notes following RCW 74.39A.009
.
Effective date
—
1993 c 281:
See note following RCW 41.06.022
.
RCW 43.43.8321
Background checks
—
Dissemination of conviction record information.
When the Washington state patrol disseminates conviction record information in response to a request under RCW 43.43.832, it shall clearly state that: (1) The conviction record data does not include information on civil adjudications, administrative findings, or disciplinary board final decisions and that all such information must be obtained from the courts and licensing agencies; (2) the conviction record includes 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; and (3) an arrest is not a conviction or a finding of guilt.
[
2012 c 125 s 5
;
2005 c 421 s 10
.]
RCW 43.43.8325
Background checks
—
National crime prevention and privacy compact.
(1) In order to facilitate the authorized interstate exchange of criminal history information for noncriminal justice purposes of background checks for the licensing and screening of employees and volunteers under the national child protection act of 1993, as amended, 34 U.S.C. Sec. 40102, and to implement the national crime prevention and privacy compact, 34 U.S.C. Sec. 40316, the Washington state patrol shall execute the compact on behalf of the state.
(2) The Washington state patrol is the repository of criminal history records for purposes of the compact and shall do all things necessary or incidental to carrying out the compact.
(3) The chief, or the chief's designee, is the state's compact officer and shall administer the compact within the state. The Washington state patrol may establish procedures for the cooperative exchange of criminal history records between the state and federal government for use in noncriminal justice cases.
(4) The state's ratification of the compact remains in effect until legislation is enacted which specifically renounces the compact.
(5) Authorized qualified entities and federally recognized tribes are authorized to conduct a state and national fingerprint-based criminal history record check on applicants and covered individuals for noncriminal justice purposes for any employment, licensing, or volunteering purpose which provides care to children, the elderly, or individuals with disabilities.
(6) Fingerprints must be searched by the Washington state patrol prior to being forwarded to the federal bureau of investigation for a national search.
(7) In order to participate in this program:
(a) Qualified entities and federally recognized tribes must notify the applicant or covered individual that:
(i) They have the right to obtain a copy of their own state and federal criminal history record from the qualified entity or federally recognized tribe that conducted the fingerprint check within a specified amount of time determined by the qualified entity or federally recognized tribe;
(ii) They have the right to appeal the results of the criminal history record to challenge the accuracy or completion of information in the criminal history record.
(b) Qualified entities and federally recognized tribes are obligated to:
(i) Seek approval from the Washington state patrol before submitting a request for screening under this section;
(ii) Submit fingerprints on each applicant and covered individual when requesting criminal history record information under this section;
(iii) Maintain a signed waiver for each applicant and covered individual allowing the release of the state and national criminal history record information to the qualified entity or federally recognized tribe;
(iv) Ensure the applicant or covered individual is provided notification that the results of the state and federal criminal history records check are handled in a manner that protects the applicant or covered individual's privacy;
(v) Provide applicants and covered individuals the opportunity to challenge the accuracy of the information in the state and federal bureau of investigation's criminal history record, if one exists, if using the record to make a determination of the applicant or covered individual's suitability for employment, licensing, or volunteering purposes;
(vi) Advise the applicant or covered individual the procedures for obtaining a change, correction, or updating the federal criminal history record are set forth under 28 C.F.R. Sec. 16.34; and
(vii) Use the state and federal criminal history record information only for the purpose of screening employees, contractor[s], and volunteers or persons applying to be an employee, contractor, or volunteer with a qualified entity or federally recognized tribe.
(8) Qualified entities or federally recognized tribes must not deny employment, licenses, or volunteer positions based on information in the criminal history record until the applicant or covered individual has been afforded a reasonable time to correct or complete the record or has declined to do so.
(9) The Washington state patrol shall by rule establish fees for submission of fingerprints from and dissemination of records to qualified entities or federally recognized tribes under this section. The revenue from the fees shall cover, as nearly as practicable, the direct and indirect costs to the Washington state patrol of processing the submissions and disseminating the records. The cost of record checks must also include the fee the federal bureau of investigation charges for the criminal history background checks.
(10) A qualified entity or federally recognized tribe is not liable for damages solely for failing to obtain the information authorized under this section with respect to an employee, contractor, or volunteer. The state, any political subdivision of the state, or any agency, officer, or employee of the state or a political subdivision is not liable for damages for providing information requested under this section.
(11) The Washington state patrol has authority to adopt rules to implement this section.
[
2025 c 60 s 2
.]
RCW 43.43.833
Background checks
—
State immunity.
If information is released under this chapter by the state of Washington, the state and its employees: (1) Make no representation that the subject of the inquiry has no criminal record or adverse civil or administrative decisions; (2) make no determination that the subject of the inquiry is suitable for involvement with a business or organization; and (3) are not liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information.
[
1997 c 392 s 529
.]
NOTES:
Short title
—
Findings
—
Construction
—
Conflict with federal requirements
—
Part headings and captions not law
—
1997 c 392:
See notes following RCW 74.39A.009
.
RCW 43.43.834
Background checks by business, organization, or insurance company
—
Limitations
—
Civil liability.
(1) A business or organization shall not make an inquiry to the Washington state patrol under RCW 43.43.832
or an equivalent inquiry to a federal law enforcement agency unless the business or organization has notified the applicant who may be offered a position as an employee or volunteer, that an inquiry may be made.
(2) A business or organization shall require each applicant to disclose to the business or organization whether the applicant:
(a) Has been convicted of a crime;
(b) Has had findings made against him or her in any civil adjudicative proceeding as defined in RCW 43.43.830
; or
(c) Has both a conviction under (a) of this subsection and findings made against him or her under (b) of this subsection.
(3) The business or organization shall pay such reasonable fee for the records check as the state patrol may require under RCW 43.43.838
.
(4) The business or organization shall notify the applicant of the state patrol's response within ten days after receipt by the business or organization. The employer shall provide a copy of the response to the applicant and shall notify the applicant of such availability.
(5) The business or organization shall use this record only in making the initial employment or engagement decision. Further dissemination or use of the record is prohibited, except as provided in RCW 28A.320.155
. A business or organization violating this subsection is subject to a civil action for damages.
(6) An insurance company shall not require a business or organization to request background information on any employee before issuing a policy of insurance.
(7) The business and organization shall be immune from civil liability for failure to request background information on an applicant unless the failure to do so constitutes gross negligence.
[
2005 c 421 s 3
;
1999 c 21 s 2
;
1998 c 10 s 3
;
1990 c 3 s 1103
. Prior:
1989 c 334 s 3
;
1989 c 90 s 3
;
1987 c 486 s 3
.]
RCW 43.43.836
Disclosure to individual of own record
—
Fee.
An individual may contact the state patrol to ascertain whether an individual has a conviction record. The state patrol shall disclose such information, subject to the fee established under RCW 43.43.838
.
[
2005 c 421 s 4
;
1987 c 486 s 4
.]
RCW 43.43.837
Fingerprint-based background checks
—
Requirements for applicants and service providers
—
Fees
—
Rules to establish financial responsibility.
(1) In order to determine an applicant's or service provider's character, competence, and suitability for working unsupervised as a department of social and health services or department of children, youth, and families long-term care worker, direct care worker, child placement provider, high-risk provider, residential habilitation center worker, transitional care facility worker, or a contracted home and community-based service provider, applicants and service providers described in subsections (2) and (4) of this section shall submit their fingerprints to the Washington state patrol for forwarding to the federal bureau of investigation for a national background check, as shall individuals 16 years of age or older living in the home of a companion home provider as identified in subsection (2)(c) of this section, and individuals 16 years of age or older living in the home of a child placement provider as identified in subsection (4)(b) of this section.
(2) The department of social and health services shall require a person to submit fingerprints for the purpose of investigating conviction records through both the Washington state patrol and the federal bureau of investigation when the person:
(a) Is an applicant or service provider who has resided in the state less than three consecutive years before application and:
(i) Is a contractor providing services funded by home and community long-term care programs, established pursuant to chapters
71A.12, 74.09, 74.39, and
74.39A
RCW, administered by the department of social and health services; or
(ii) Is applying for employment or is already employed by an area agency on aging or federally recognized Indian tribe, or is an employee of a contractor of an area agency on aging or federally recognized Indian tribe, that will, or may, have unsupervised access to vulnerable adults, children, or juveniles when engaging in the activities described in RCW 74.09.520
(5);
(b) Is an applicant or service provider who:
(i) Is applying for employment or is already employed at any secure facility operated by the department of social and health services under chapter
71.09
RCW;
(ii) Is applying to be an adult family home licensee, entity representative, or resident manager under chapter
70.128
RCW;
(iii) Is applying to be an assisted living facility licensee or administrator under chapter
18.20
RCW. For the purposes of this subsection (2)(b)(iii), "administrator" means an assisted living facility administrator who is in active administrative charge of the assisted living facility as required in this chapter, and unless exempt under RCW 18.88B.041, must complete long-term care worker training and home care aide certification;
(iv) Is applying to be an enhanced services facility licensee or administrator under chapter
70.97
RCW. For the purposes of this subsection (2)(b)(iv), "administrator" means an enhanced services facility administrator who is in active administrative charge of the enhanced services facility as required in this chapter, and unless exempt under RCW 18.88B.041, must complete long-term care worker training and home care aide certification;
(v) Is applying to be a certified community residential service provider or administrator under chapter
71A.12
RCW. For the purposes of this subsection (2)(b)(v), "administrator" means an individual who is responsible for or has control over daily operations of a certified community residential service provider, who may or will have unsupervised access to vulnerable adults in a certified community residential service setting, whether or not they provide direct care to vulnerable adults. An individual who is responsible for or has control over daily operations of a certified community residential service provider includes any person who:
(A) Oversees aspects of staffing, such as recruitment, staff training, or performance reviews;
(B) Develops and maintains policies and procedures that give staff direction to provide appropriate services and supports under chapter
71A.12
RCW; or
(C) Maintains and securely stores client, personnel, or financial records;
(vi) Has been categorized as a high-risk provider as defined in subsection (9)(f) of this section;
(vii) Is applying for employment by a residential habilitation center under chapter
71A.20
RCW or is applying for a job class series change at a residential habilitation center; or
(viii) Is applying for employment by a transitional care facility; or
(c) Is an individual 16 years of age or older and resides in a certified community residential companion home authorized by the developmental disabilities administration to provide services to individuals with developmental disabilities under chapter
71A.12
RCW.
(3) Long-term care workers, as defined in RCW 74.39A.009, who are hired after January 7, 2012, are subject to fingerprint-based background checks under RCW 74.39A.056
.
(4) In order to determine the character, competence, and suitability of a person to have unsupervised access to children or juveniles, the secretary of the department of children, youth, and families shall require the person to submit fingerprints for the purpose of investigating conviction records through both the Washington state patrol and the federal bureau of investigation when:
(a) The person is an applicant or service provider who:
(i) Is applying for a license under RCW 74.15.030
or is an adult living in a home where a child is placed;
(ii) Is applying for employment or already employed at a group care facility, regardless of whether the applicant is working directly with children;
(iii) Is newly applying for an agency license, is newly licensed, is an employee of an agency that is newly licensed, or will newly have unsupervised access to children in child care, pursuant to RCW 43.216.270
; or
(iv) Has resided in the state less than three consecutive years before application; and:
(A) Is applying for employment, promotion, reallocation, or transfer to a position the department of children, youth, and families has identified as one that will, or may, require the applicant to have unsupervised access to children or juveniles because of the nature of the work; or
(B) Is a business or individual contracted to provide services to children or people with developmental disabilities under RCW 74.15.030
; or
(b) The person has resided in the state less than three consecutive years, is an individual 16 years of age or older[,] and: (i) Is not under the placement and care authority of the department of children, youth, and families; and (ii) resides in an applicant or service provider's home, facility, entity, agency, or business or who is authorized by the department of children, youth, and families to provide services to children under RCW 74.15.030
.
(5) The secretary of the department of children, youth, and families shall require a fingerprint-based background check through the Washington state patrol identification and criminal history section and the federal bureau of investigation when the department seeks to approve an applicant or service provider for a foster or adoptive placement of children in accordance with federal and state law. Fees charged by the Washington state patrol and the federal bureau of investigation for fingerprint-based background checks shall be paid by the department of children, youth, and families for foster care and childcare applicants and service providers.
(6) Applicants and service providers of the department of social and health services, except for long-term care workers subject to RCW 74.39A.056, who are required to complete a fingerprint-based background check may be hired for a 120-day provisional period as allowed under law or program rules when:
(a) A fingerprint-based background check is pending; and
(b) The applicant or service provider is not disqualified based on the immediate result of the background check.
(7) Fees charged by the Washington state patrol and the federal bureau of investigation for fingerprint-based background checks shall be paid by the applicable department for applicants or service providers providing:
(a) Services to people with a developmental disability under RCW 74.15.030
;
(b) In-home services funded by medicaid personal care under RCW 74.09.520
;
(c) Community options program entry system waiver services under RCW 74.39A.030
;
(d) Chore services under RCW 74.39A.110
;
(e) Services under home and community long-term care programs, established pursuant to chapters
74.39
and
74.39A
RCW, administered by the department of social and health services or the department of children, youth, and families; and
(f) Services in, or to residents of, a secure facility under RCW 71.09.115
.
(8) The department of social and health services and the department of children, youth, and families shall develop rules identifying the financial responsibility of service providers, applicants, and the respective department for paying the fees charged by law enforcement to roll, print, or scan fingerprints-based for the purpose of a Washington state patrol or federal bureau of investigation fingerprint-based background check.
(9) For purposes of this section, unless the context plainly indicates otherwise:
(a) "Applicant" means a current or prospective department of social and health services, department of children, youth, and families, or service provider employee, volunteer, student, intern, researcher, contractor, or any individual specified in subsection (2) or (4) of this section who will or may have unsupervised access to vulnerable adults, children, or juveniles because of the nature of the work or services he or she provides. "Applicant" includes any individual who will or may have unsupervised access to vulnerable adults, children, or juveniles and is:
(i) Applying for a license or certification from the department of social and health services or the department of children, youth, and families;
(ii) Seeking a contract with the department of social and health services, the department of children, youth, and families, or a service provider;
(iii) Applying for employment, promotion, reallocation, or transfer; or
(iv) An individual that a department of social and health services or department of children, youth, and families client or guardian of a department of social and health services or department of children, youth, and families client chooses to hire or engage to provide services to himself or herself or another vulnerable adult, juvenile, or child and who might be eligible to receive payment from the department of social and health services or the department of children, youth, and families for services rendered.
(b) "Area agency on aging" means an agency that is designated by the state to address the needs and concerns of older persons at the regional and local levels and is responsible for a particular geographic area that is a tribal reservation, a single county, or a multicounty planning area. Area agencies on aging have governance based on the corresponding county, city, tribal government, or council of governments.
(c) "Authorized" means the department of social and health services or the department of children, youth, and families grants an applicant, home, or facility permission to:
(i) Conduct licensing, certification, or contracting activities;
(ii) Have unsupervised access to vulnerable adults, juveniles, and children;
(iii) Receive payments from a department of social and health services or department of children, youth, and families program; or
(iv) Work or serve in a department of social and health services or department of children, youth, and families employment position.
(d) "Community residential services and supports provider" means a person or entity certified by the department of social and health services to deliver one or more of the services described in RCW 71A.12.040
to a person with a developmental disability, as defined in RCW 71A.10.020, who is eligible to receive services from the department of social and health services.
(e) "Entity representative" means the individual designated by an entity provider or entity applicant who:
(i) Is the representative of the entity for the purposes of fulfilling training and qualification requirements that only an individual can fulfill and an entity cannot;
(ii) Is responsible for overseeing the operation of the home; and
(iii) Does not hold the license on behalf of the entity.
(f) "High-risk provider" means a service provider that has been designated by the state medicaid agency as posing an increased financial risk of fraud, waste, or abuse to the medicaid program. A "high-risk provider" additionally includes any person who has a five percent or more direct or indirect ownership interest in such a provider.
(g) "Long-term care workers" include all persons who provide paid, hands-on, personal care services for the elderly or persons with disabilities, including but not limited to individual providers of home care services; direct care workers employed by home care agencies or a consumer directed employer; providers of home care services to persons with developmental disabilities under Title
71A
RCW; all direct care workers in state-licensed assisted living facilities, enhanced services facilities, and adult family homes; respite care providers; direct care workers employed by community residential service businesses; and any other direct care worker providing home or community-based services to the elderly or persons with functional disabilities or developmental disabilities.
(h) "Service provider" means entities, facilities, agencies, businesses, or individuals who are licensed, certified, authorized, or regulated by, receive payment from, or have contracts or agreements with the department of social and health services or the department of children, youth, and families to provide services to vulnerable adults, juveniles, or children. "Service provider" includes individuals whom a department of social and health services or department of children, youth, and families client or guardian of a department of social and health services or department of children, youth, and families client may choose to hire or engage to provide services to himself or herself or another vulnerable adult, juvenile, or child and who might be eligible to receive payment from the department of social and health services or the department of children, youth, and families for services rendered.
(i) "Transitional care facility" means a staff secure and voluntary state-operated residential treatment facility offering specialized treatment and habilitative interventions for eligible youth with developmental disabilities.
(j) "Unsupervised" means not in the presence of:
(i) Another employee or volunteer from the same business or organization as the applicant; or
(ii) Any relative or guardian of any of the children or persons with developmental disabilities or vulnerable adults to which the applicant has access while they are employed or involved with the business or organization.
[
2025 c 46 s 1
. Prior:
2023 c 437 s 1
;
2023 c 223 s 3
;
2022 c 297 s 954
;
2021 c 203 s 2
;
2019 c 470 s 12
;
2017 3rd sp.s. c 6 s 225
;
2012 c 164 s 506
;
2011 1st sp.s. c 31 s 17
;
2011 c 253 s 2
;
2009 c 580 s 6
;
2007 c 387 s 1
.]
NOTES:
Effective date
—
2022 c 297:
See note following RCW 43.79.565
.
Effective date
—
Retroactive application
—
2021 c 203:
See notes following RCW 43.43.832
.
Effective date
—
2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822:
See note following RCW 43.216.025
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Finding
—
Intent
—
Rules
—
Effective date
—
2012 c 164:
See notes following RCW 18.88B.010
.
RCW 43.43.838
Record checks
—
Transcript of conviction record
—
Fees
—
Immunity
—
Rules.
(1) After January 1, 1988, and notwithstanding any provision of RCW 43.43.700
through
43.43.810
to the contrary, the state patrol shall furnish a transcript of the conviction record pertaining to any person for whom the state patrol or the federal bureau of investigation has a record upon the written request of:
(a) The subject of the inquiry;
(b) Any business or organization for the purpose of conducting evaluations under RCW 43.43.832
;
(c) The department of social and health services;
(d) Any law enforcement agency, prosecuting authority, or the office of the attorney general;
(e) The department of social and health services for the purpose of meeting responsibilities set forth in chapter
18.51, 18.20, or
72.23
RCW, or any later-enacted statute which purpose is to regulate or license a facility which handles vulnerable adults; or
(f) The department of children, youth, and families for the purpose of meeting responsibilities in chapters
43.216
and
74.15
RCW. However, access to conviction records pursuant to this subsection (1)(f) does not limit or restrict the ability of [the] department of children, youth, and families to obtain additional information regarding conviction records and pending charges as provided in RCW 74.15.030
(2)(b).
(2) The state patrol shall by rule establish fees for disseminating records under this section to recipients identified in subsection (1)(a) and (b) of this section. The state patrol shall also by rule establish fees for disseminating records in the custody of the national crime information center. The revenue from the fees shall cover, as nearly as practicable, the direct and indirect costs to the state patrol of disseminating the records. No fee shall be charged to a nonprofit organization for the records check. Record checks requested by school districts and educational service districts using only name and date of birth will be provided free of charge.
(3) No employee of the state, employee of a business or organization, or the business or organization is liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information under RCW 43.43.830
through
43.43.840
or
43.43.760
.
(4) Before July 26, 1987, the state patrol shall adopt rules and forms to implement this section and to provide for security and privacy of information disseminated under this section, giving first priority to the criminal justice requirements of this chapter. The rules may include requirements for users, audits of users, and other procedures to prevent use of civil adjudication record information or criminal history record information inconsistent with this chapter.
(5) Nothing in RCW 43.43.830
through
43.43.840
shall authorize an employer to make an inquiry not specifically authorized by this chapter, or be construed to affect the policy of the state declared in chapter
9.96A
RCW.
[
2017 3rd sp.s. c 6 s 226
;
2009 c 170 s 1
;
2007 c 17 s 5
;
2005 c 421 s 5
;
1995 c 29 s 1
;
1992 c 159 s 7
;
1990 c 3 s 1104
. Prior:
1989 c 334 s 4
;
1989 c 90 s 4
;
1987 c 486 s 5
.]
NOTES:
Effective date
—
2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822:
See note following RCW 43.216.025
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Findings
—
1992 c 159:
See note following RCW 28A.400.303
.
RCW 43.43.839
Fingerprint identification account.
The fingerprint identification account is created in the custody of the state treasurer. All receipts from incremental charges of fingerprint checks requested for noncriminal justice purposes and electronic background requests shall be deposited in the account. Receipts for fingerprint checks by the federal bureau of investigation may also be deposited in the account. Expenditures from the account may be used only for the cost of record checks. Only the chief of the state patrol or the chief's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter
43.88
RCW. The account shall be subject to appropriation. During the 2017-2019 and 2019-2021 fiscal biennia, funds in the account may be used for expenditures related to the upgrade of the state patrol's criminal history system. During the 2017-2019 and 2019-2021 fiscal biennia, the account may be used for building the sexual assault kit tracking system. It is the intent of the legislature that this policy will be continued in subsequent fiscal biennia.
[
2019 c 415 s 964
;
2017 3rd sp.s. c 1 s 969
;
2016 sp.s. c 36 s 928
;
2015 3rd sp.s. c 4 s 955
;
2014 c 221 s 916
;
2010 1st sp.s. c 37 s 922
;
1995 c 169 s 2
;
1992 c 159 s 8
.]
NOTES:
Effective date
—
2019 c 415:
See note following RCW 28B.20.476
.
Effective date
—
2017 3rd sp.s. c 1:
See note following RCW 43.41.455
.
Effective date
—
2016 sp.s. c 36:
See note following RCW 18.20.430
.
Effective dates
—
2015 3rd sp.s. c 4:
See note following RCW 28B.15.069
.
Effective date
—
2014 c 221:
See note following RCW 28A.710.260
.
Effective date
—
2010 1st sp.s. c 37:
See note following RCW 13.06.050
.
Findings
—
1992 c 159:
See note following RCW 28A.400.303
.
RCW 43.43.840
Notification to licensing agency of employment termination for certain crimes against persons.
When a business or an organization terminates, fires, dismisses, fails to renew the contract, or permits the resignation of an employee because of crimes against children or other persons or because of crimes relating to the financial exploitation of a vulnerable adult, and if that employee is employed in a position requiring a certificate or license issued by a licensing agency such as the Washington professional educator standards board, the business or organization shall notify the licensing agency of such termination of employment.
[
2006 c 263 s 827
;
2005 c 421 s 6
;
1997 c 386 s 40
. Prior:
1989 c 334 s 5
;
1989 c 90 s 5
;
1987 c 486 s 6
.]
NOTES:
Findings
—
Purpose
—
part headings not law
—
2006 c 263:
See notes following RCW 28A.150.230
.
RCW 43.43.842
Vulnerable adults
—
Additional licensing requirements for agencies, facilities, and individuals providing services.
(1)(a) The secretary of social and health services and the secretary of health shall adopt additional requirements for the licensure or relicensure of agencies, facilities, and licensed individuals who provide care and treatment to vulnerable adults, including nursing pools registered under chapter
18.52C
RCW. These additional requirements shall ensure that any person associated with a licensed agency or facility having unsupervised access with a vulnerable adult shall not be the respondent in an active vulnerable adult protection order under chapter
7.105
RCW, nor have been: (i) Convicted of a crime against children or other persons as defined in RCW 43.43.830, except as provided in this section; (ii) convicted of crimes relating to financial exploitation as defined in RCW 43.43.830, except as provided in this section; or (iii) found in any disciplinary board final decision to have abused a vulnerable adult as defined in RCW 43.43.830
.
(b) A person associated with a licensed agency or facility who has unsupervised access with a vulnerable adult shall make the disclosures specified in RCW 43.43.834
(2). The person shall make the disclosures in writing, sign, and swear to the contents under penalty of perjury. The person shall, in the disclosures, specify all crimes against children or other persons, all crimes relating to financial exploitation, and all crimes relating to drugs as defined in RCW 43.43.830, committed by the person.
(2) The rules adopted under this section shall permit the licensee to consider the criminal history of an applicant for employment in a licensed facility when the applicant has one or more convictions for a past offense and:
(a) The offense was simple assault, assault in the fourth degree, or the same offense as it may be renamed, and three or more years have passed between the most recent conviction and the date of application for employment;
(b) The offense was prostitution, or the same offense as it may be renamed, and three or more years have passed between the most recent conviction and the date of application for employment;
(c) The offense was theft in the third degree, or the same offense as it may be renamed, and three or more years have passed between the most recent conviction and the date of application for employment;
(d) The offense was theft in the second degree, or the same offense as it may be renamed, and five or more years have passed between the most recent conviction and the date of application for employment;
(e) The offense was forgery, or the same offense as it may be renamed, and five or more years have passed between the most recent conviction and the date of application for employment;
(f) The department of social and health services reviewed the employee's otherwise disqualifying criminal history through the department of social and health services' background assessment review team process conducted in 2002, and determined that such employee could remain in a position covered by this section; or
(g) The otherwise disqualifying conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure.
The offenses set forth in (a) through (g) of this subsection do not automatically disqualify an applicant from employment by a licensee. Nothing in this section may be construed to require the employment of any person against a licensee's judgment.
(3) The rules adopted pursuant to subsection (2) of this section may not allow a licensee to automatically deny an applicant with a conviction for an offense set forth in subsection (2) of this section for a position as a substance use disorder professional or substance use disorder professional trainee certified under chapter
18.205
RCW, as an agency affiliated counselor credentialed under chapter
18.19
RCW practicing as a peer counselor in an agency or facility, or as a peer specialist or peer specialist trainee certified under chapter
18.420
RCW, if:
(a) At least one year has passed between the applicant's most recent conviction for an offense set forth in subsection (2) of this section and the date of application for employment;
(b) The offense was committed as a result of the applicant's substance use or untreated mental health symptoms; and
(c) The applicant is at least one year in recovery from a substance use disorder, whether through abstinence or stability on medication-assisted therapy, or in recovery from a mental health disorder.
(4) In consultation with law enforcement personnel, the secretary of social and health services and the secretary of health shall investigate, or cause to be investigated, the conviction record and the protection proceeding record information under this chapter of the staff of each agency or facility under their respective jurisdictions seeking licensure or relicensure. An individual responding to a criminal background inquiry request from his or her employer or potential employer shall disclose the information about his or her criminal history under penalty of perjury. The secretaries shall use the information solely for the purpose of determining eligibility for licensure or relicensure. Criminal justice agencies shall provide the secretaries such information as they may have and that the secretaries may require for such purpose.
[
2025 c 58 s 3009
. Prior:
2023 c 469 s 20
;
2023 c 425 s 23
;
2021 c 215 s 150
; prior:
2019 c 446 s 44
;
2019 c 444 s 22
;
2014 c 88 s 1
;
2007 c 387 s 4
;
1998 c 10 s 4
;
1997 c 392 s 518
;
1992 c 104 s 1
;
1989 c 334 s 11
.]
NOTES:
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2023 c 425 ss 1-7, 13-20, and 22-26:
See note following RCW 18.83.170
.
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Short title
—
Findings
—
Construction
—
Conflict with federal requirements
—
Part headings and captions not law
—
1997 c 392:
See notes following RCW 74.39A.009
.
RCW 43.43.845
Notification of conviction or guilty plea of certain felony crimes
—
Transmittal of information to superintendent of public instruction.
(1) Upon a guilty plea or conviction of a person of any felony crime specified under RCW 28A.400.322, the prosecuting attorney shall notify the state patrol of such guilty pleas or convictions.
(2) When the state patrol receives the notice required under subsection (1) of this section, the state patrol shall transmit that information to the superintendent of public instruction. It shall be the duty of the superintendent of public instruction, on at least a quarterly basis, to identify whether the person holds a certificate or permit issued under chapters
28A.405
and
28A.410
RCW or is employed by a school district, and provide this information to the Washington professional educator standards board and the school district employing the person.
[
2009 c 396 s 8
;
2006 c 263 s 828
. Prior:
2005 c 421 s 7
;
2005 c 237 s 1
;
1990 c 33 s 577
;
1989 c 320 s 6
.]
NOTES:
Findings
—
Purpose
—
Part headings not law
—
2006 c 263:
See notes following RCW 28A.150.230
.
Purpose
—
Statutory references
—
Severability
—
1990 c 33:
See RCW 28A.900.100
through
28A.900.102
.
Severability
—
1989 c 320:
See note following RCW 28A.410.090
.
RCW 43.43.850
Organized crime intelligence unit
—
Created.
There is hereby created in the Washington state patrol an organized crime intelligence unit which shall be under the direction of the chief of the Washington state patrol.
[
1973 1st ex.s. c 202 s 1
.]
RCW 43.43.852
"Organized crime" defined.
For the purposes of *RCW 43.43.850
through
43.43.864
"organized crime" means those activities which are conducted and carried on by members of an organized, disciplined association, engaged in supplying illegal goods and services and/or engaged in criminal activities in contravention of the laws of this state or of the United States.
[
1973 1st ex.s. c 202 s 2
.]
NOTES:
*Reviser's note:
RCW 43.43.858
through
43.43.864
were repealed by
2009 c 560 s 24
.
RCW 43.43.854
Powers and duties of organized crime intelligence unit.
The organized crime intelligence unit shall collect, evaluate, collate, and analyze data and specific investigative information concerning the existence, structure, activities and operations of organized crime and the participants involved therein; coordinate such intelligence data into a centralized system of intelligence information; furnish and exchange pertinent intelligence data with law enforcement agencies and prosecutors with such security and confidentiality as the chief of the Washington state patrol may determine; develop intelligence data concerning the infiltration of organized crime into legitimate businesses within the state of Washington and furnish pertinent intelligence information thereon to law enforcement agencies and prosecutors in affected jurisdictions; and may assist law enforcement agencies and prosecutors in developing evidence for purposes of criminal prosecution of organized crime activities upon request.
[
1973 1st ex.s. c 202 s 3
.]
RCW 43.43.856
Divulging investigative information prohibited
—
Confidentiality
—
Security of records and files.
(1)(a) On and after April 26, 1973, it shall be unlawful for any person to divulge specific investigative information pertaining to activities related to organized crime which he or she has obtained by reason of public employment with the state of Washington or its political subdivisions unless such person is authorized or required to do so by operation of state or federal law.
(b) Any person violating (a) of this subsection is guilty of a class B felony punishable according to chapter
9A.20
RCW.
(2) Except as provided in RCW 43.43.854, or pursuant to the rules of the supreme court of Washington, all of the information and data collected and processed by the organized crime intelligence unit shall be confidential and not subject to examination or publication pursuant to chapter
42.56
RCW.
(3) The chief of the Washington state patrol shall prescribe such standards and procedures relating to the security of the records and files of the organized crime intelligence unit, as he or she deems to be in the public interest with the advice of the governor and the board.
[
2005 c 274 s 298
;
2003 c 53 s 230
;
1973 1st ex.s. c 202 s 4
.]
NOTES:
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
RCW 43.43.870
Missing children clearinghouse and hotline, duties of state patrol.
See chapter
13.60
RCW.
RCW 43.43.874
Missing and murdered indigenous women, other indigenous persons
—
Liaison positions.
(1) Two liaison positions for missing and murdered indigenous women and other missing and murdered indigenous persons are established in the Washington state patrol. One liaison must reside in western Washington, and one liaison must reside in eastern Washington. The liaisons shall work to build relationships to increase trust between governmental organizations and native communities. The liaisons shall facilitate communications among:
(a) Indian tribes and tribal organizations and communities;
(b) Urban Indian organizations and communities;
(c) Tribal liaisons in other state agencies;
(d) Law enforcement agencies at the federal, state, local, and tribal level; and
(e) Nongovernmental entities that provide services to Native American women.
(2) The salary for the liaison positions is fixed by the Washington state patrol.
(3) To be eligible for hire as a liaison, an applicant must have significant experience living in tribal or urban indigenous communities.
[
2019 c 127 s 2
.]
NOTES:
Findings
—
Intent
—
2019 c 127:
"The legislature finds that Native American women experience violence at much higher rates than other populations. A recent federal study reported that Native American women are murdered at rates greater than ten times the national average. Many of these crimes, however, are often unsolved or even unreported because there are also very high rates of disappearance for Native American women.
The legislature further finds that although violence against Native American women has been a neglected issue in society, there is a growing awareness of this crisis, as well as a recognition that the criminal justice system needs to better serve and protect Native American women. The legislature intends to find ways to connect state, tribal, and federal resources to create partnerships to find ways to solve this crisis facing Native American women in our state, while being mindful to include voices from both tribal and urban communities." [
2019 c 127 s 1
.]
RCW 43.43.876
Missing and murdered indigenous women, other indigenous persons
—
Protocol
—
Training.
(1) The Washington state patrol must develop a best practices protocol for law enforcement response to missing persons reports for indigenous women and other indigenous persons. The protocol must include steps that law enforcement should take upon receiving a missing persons report for an indigenous woman or other indigenous person.
(2) The governor's office of Indian affairs must provide the Washington state patrol with government-to-government training, and must work with the Washington state patrol to schedule and facilitate the training.
[
2019 c 127 s 3
.]
NOTES:
Findings
—
Intent
—
2019 c 127:
See note following RCW 43.43.874
.
RCW 43.43.880
Agreements with contiguous states
—
Jointly occupied ports of entry
—
Collection of fees and taxes.
The Washington state patrol may negotiate and enter into bilateral agreements with designated representatives of contiguous states. Agreements may provide for the manning and operation of jointly occupied ports of entry, for the collection of highway user fees, registration fees, and taxes that may be required by statute or rule. Agreements may further provide for the collection of these fees and taxes by either party state at jointly occupied ports of entry before authorization is given for vehicles to legally operate within that state or jurisdiction, and for the enforcement of safety, size, and weight statutes or rules of the respective states.
[
1988 c 21 s 1
.]
RCW 43.43.885
Scrap metal no-buy list database program.
(1) Beginning on July 1, 2014, to the extent funds are appropriated, the Washington association of sheriffs and police chiefs shall implement and operate an ongoing electronic statewide no-buy list database program.
(2) The database must be made available on a secured network or website.
(3) The no-buy list database program shall allow for any scrap metal business to enter a customer's name and date of birth into the database. The database must determine if the customer pursuing the transaction with the scrap metal business has been convicted in Washington of any crime involving burglary, robbery, theft, or possession of or receiving stolen property within the past four years.
(4) If the customer has been convicted of any crime involving burglary, robbery, theft, or possession of or receiving stolen property within the past four years despite whether the person was acting in his or her own behalf or as the agent of another then, at a minimum, the no-buy list database program must immediately send an alert to the scrap metal business stating: (a) That the customer is listed on a current no-buy list, (b) the four-year expiration period for the customer's most recent crime listed, and (c) a notification that entering into a transaction with the customer is prohibited under RCW 9A.56.410
.
(5) The database shall also include individuals who have attempted to purchase or sell unlawfully obtained metals at licensed scrap metal recyclers and individuals who attempt to conduct a transaction while under the influence of controlled substances.
(6) Local jurisdictions applying for grants under RCW 36.28A.240
must provide updates to the no-buy list database annually and 120 days after a grant is distributed.
[
2022 c 221 s 9
;
2013 c 322 s 31
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2022 c 221:
See notes following RCW 19.290.020
.
RCW 43.43.887
Scrap metal no-buy list database program
—
Washington association of sheriffs and police chiefs not liable for civil damages.
The Washington association of sheriffs and police chiefs shall not be held liable for civil damages resulting from any act or omission in carrying out the requirements of RCW 43.43.885
other than an act or omission constituting gross negligence or willful or wanton misconduct.
[
2013 c 322 s 33
.]
RCW 43.43.888
Catalytic converter inspections.
Subject to the availability of amounts appropriated for this specific purpose, the Washington state patrol shall:
(1) Conduct periodic inspections at least once a year of all licensed purchasers of catalytic converters that have been removed from vehicles that are licensed under chapter
46.79
or
46.80
RCW;
(2) Develop a standardized inspection form and train local law enforcement agencies, civilian employees, and limited authority law enforcement personnel on inspection procedures of licensed purchasers;
(3) Specify which specific law enforcement agencies have a duty to inspect the different business types that are licensed to purchase catalytic converters; and
(4) Authorize inspections to be conducted by civilian employees or limited authority law enforcement agencies if necessary to increase the availability of potential inspectors, provided that the Washington state patrol shall retain oversight of such inspections.
[
2024 c 301 s 21
.]
NOTES:
Effective date
—
Findings
—
Intent
—
2024 c 301:
See notes following RCW 9A.82.180
.
RCW 43.43.912
Construction
—
Chapter applicable to state registered domestic partnerships
—
2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[
2009 c 521 s 107
.]
NOTES:
Effective dates
—
2009 c 521 ss 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and 190-192:
See note following RCW 2.10.900
.
RCW 43.43.930
State fire protection services
—
Intent.
The legislature finds that fire protection services at the state level are provided by different, independent state agencies. This has resulted in a lack of a comprehensive state-level focus for state fire protection services, funding, and policy. The legislature further finds that the paramount duty of the state in fire protection services is to enhance the capacity of all local jurisdictions to assure that their personnel with fire suppression, prevention, inspection, origin and cause, and arson investigation responsibilities are adequately trained to discharge their responsibilities. It is the intent of the legislature to consolidate fire protection services into a single state agency. It is also the intent of the legislature that the fire protection services program created herein will assist local fire protection agencies in program development without encroaching upon their historic autonomy. It is the further intent of the legislature that the fire protection services program be implemented incrementally to assure a smooth transition, to build local, regional, and state capacity, and to avoid undue burdens on jurisdictions with limited resources.
[
2010 1st sp.s. c 7 s 44
;
1995 c 369 s 14
;
1993 c 280 s 68
;
1986 c 266 s 54
. Formerly RCW 43.63A.300
.]
NOTES:
Effective date
—
2010 1st sp.s. c 26; 2010 1st sp.s. c 7:
See note following RCW 43.03.027
.
Application
—
1995 c 369:
"This act does not apply to forest fire service personnel and programs." [
1995 c 369 s 70
.]
Effective date
—
1995 c 369:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [
1995 c 369 s 72
.]
Effective date
—
1993 c 280:
See RCW 43.330.902
.
Severability
—
1986 c 266:
See note following RCW 38.52.005
.
State fire protection: Chapter
43.44
RCW.
RCW 43.43.934
Director of fire protection
—
Duties.
The director of fire protection shall:
(1)(a)(i) With the state board for community and technical colleges, provide academic, vocational, and field training programs for the fire service; and (ii) with the state colleges and universities, provide instructional programs requiring advanced training, especially in command and management skills;
(b) Cooperate with the common schools, technical and community colleges, institutions of higher education, and any department or division of the state, or of any county or municipal corporation in establishing and maintaining instruction in fire service training and education in accordance with any act of congress and legislation enacted by the legislature in pursuance thereof and in establishing, building, and operating training and education facilities.
Industrial fire departments and private fire investigators may participate in training and education programs under this chapter for a reasonable fee established by rule;
(c) Develop and adopt a master plan for constructing, equipping, maintaining, and operating necessary fire service training and education facilities subject to the provisions of *chapter
43.19
RCW;
(d) Develop and adopt a master plan for the purchase, lease, or other acquisition of real estate necessary for fire service training and education facilities in a manner provided by law; and
(e)(i) Develop and adopt a plan for the Washington state patrol fire training academy to deliver basic firefighter training and testing to all city fire departments, fire protection districts, regional fire protection service authorities, and other public fire agencies in the state. The plan required by this subsection (1)(e) must specify that the delivery of training and testing services will be provided:
(A) To recipients in the following order of priority:
(I) Volunteer departments;
(II) Combination departments; and
(III) Fire agencies that employ only career firefighters and fire officers; and
(B) By personnel of the fire training academy, either at the academy's facilities in North Bend, Washington, or regionally at local fire agencies.
(ii) City fire departments, fire protection districts, regional fire protection service authorities, and other public fire agencies in the state may seek reimbursement for their firefighter I training expenses in accordance with the rules established by the Washington state patrol, director of fire protection.
(iii) Subject to approval by the director of fire protection, and in accordance with the plan required by this subsection (1)(e), the fire training academy facilities must be made available at no cost to fire service youth programs. The goal of making these facilities available is to increase enrollment of volunteer firefighters, and to improve gender, cultural, and ethnic diversity within the fire service.
(iv) For purposes of this subsection (1)(e), the following definitions apply:
(A) "Basic firefighter training and testing" means training and testing for firefighters that is up to and includes the requirements of firefighter I, as identified by the national fire protection association standard 1001;
(B) "Combination department" means a fire department with emergency service personnel comprising less than eighty-five percent of either volunteer or career membership;
(C) "Delivery of training" includes all resources, personnel, and equipment necessary to deliver training at the fire academy in North Bend, Washington, or regionally at local fire agencies; and
(D) "Volunteer department" means a fire department with volunteer emergency service personnel comprising eighty-five percent or greater of its department membership.
(2)(a) Promote mutual aid and disaster planning for fire services in this state;
(b) Assure the dissemination of information concerning the amount of fire damage including that damage caused by arson, and its causes and prevention; and
(c) Implement any legislation enacted by the legislature to meet the requirements of any acts of congress that apply to this section.
(3) In carrying out its statutory duties, the office of the state fire marshal shall give particular consideration to the appropriate roles to be played by the state and by local jurisdictions with fire protection responsibilities. Any determinations on the division of responsibility shall be made in consultation with local fire officials and their representatives.
To the extent possible, the office of the state fire marshal shall encourage development of regional units along compatible geographic, population, economic, and fire risk dimensions. Such regional units may serve to: (a) Reinforce coordination among state and local activities in fire service training, reporting, inspections, and investigations; (b) identify areas of special need, particularly in smaller jurisdictions with inadequate resources; (c) assist the state in its oversight responsibilities; (d) identify funding needs and options at both the state and local levels; and (e) provide models for building local capacity in fire protection programs.
(4) The Washington state patrol, through the director of fire protection, may adopt rules necessary to carry out the purposes of this section.
[
2024 c 46 s 1
;
2015 c 43 s 1
;
2012 c 229 s 818
;
2010 1st sp.s. c 7 s 45
;
2003 c 316 s 1
. Prior:
1999 c 117 s 1
;
1999 c 24 s 3
;
1998 c 245 s 65
; prior:
1995 c 369 s 16
;
1995 c 243 s 11
;
1993 c 280 s 69
;
1986 c 266 s 56
. Formerly RCW 43.63A.320
.]
NOTES:
*Reviser's note:
Requirements for procurement of goods and services are provided in chapter
39.26
RCW.
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
Effective date
—
2010 1st sp.s. c 26; 2010 1st sp.s. c 7:
See note following RCW 43.03.027
.
Findings
—
1999 c 24:
See note following RCW 38.52.505
.
Application
—
Effective date
—
1995 c 369:
See notes following RCW 43.43.930
.
Effective date
—
1995 c 243 s 11:
"Section 11 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [
1995 c 243 s 13
.]
Findings
—
Severability
—
1995 c 243:
See notes following RCW 80.36.555
.
Effective date
—
1993 c 280:
See RCW 43.330.902
.
Severability
—
1986 c 266:
See note following RCW 38.52.005
.
RCW 43.43.938
Director of fire protection
—
Appointment
—
Duties.
(1) Wherever the term state fire marshal appears in the Revised Code of Washington or the Washington Administrative Code it shall mean the director of fire protection.
(2) The chief of the Washington state patrol shall appoint an officer who shall be known as the director of fire protection.
(3) The director of fire protection may designate one or more deputies and may delegate to those deputies his or her duties and authorities as deemed appropriate.
(4) The director of fire protection shall prepare a biennial budget pertaining to fire protection services. Such biennial budget shall be submitted as part of the Washington state patrol's budget request.
(5) The director of fire protection, shall implement and administer, within constraints established by budgeted resources, all duties of the chief of the Washington state patrol that are to be carried out through the director of fire protection, and all of the duties of the director of fire protection. Such administration shall include negotiation of agreements with the state board for community and technical colleges and the state colleges and universities as provided in RCW 43.43.934
. Programs covered by such agreements shall include, but not be limited to, planning curricula, developing and delivering instructional programs and materials, and using existing instructional personnel and facilities. Where appropriate, such contracts shall also include planning and conducting instructional programs at the state fire service training center.
[
2012 c 229 s 819
;
2010 1st sp.s. c 7 s 46
;
1995 c 369 s 18
;
1993 c 280 s 71
;
1986 c 266 s 58
. Formerly RCW 43.63A.340
.]
NOTES:
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
Effective date
—
2010 1st sp.s. c 26; 2010 1st sp.s. c 7:
See note following RCW 43.03.027
.
Application
—
Effective date
—
1995 c 369:
See notes following RCW 43.43.930
.
Effective date
—
1993 c 280:
See RCW 43.330.902
.
Severability
—
1986 c 266:
See note following RCW 38.52.005
.
RCW 43.43.939
Director of fire protection
—
Adoption of minimum standard requirements for before-school and after-school programs.
The chief of the Washington state patrol, through the director of fire protection, shall have the power and it shall be his or her duty to adopt licensing minimum standard requirements for before-school and after-school programs in existing buildings approved by the state fire marshal.
[
2013 c 227 s 2
.]
RCW 43.43.940
Fire service training program
—
Grants and bequests.
The Washington state patrol may accept any and all donations, grants, bequests, and devises, conditional or otherwise, or money, property, service, or other things of value which may be received from the United States or any agency thereof, any governmental agency, any institution, person, firm, or corporation, public and private, to be held, used, or applied for the purposes of the fire service training program established in RCW 43.43.934
.
[
1995 c 369 s 19
;
1986 c 266 s 59
. Formerly RCW 43.63A.350
.]
NOTES:
Application
—
Effective date
—
1995 c 369:
See notes following RCW 43.43.930
.
Severability
—
1986 c 266:
See note following RCW 38.52.005
.
RCW 43.43.941
Fire services training
—
Student training programs.
(1) The director of fire protection shall assess its policies affecting students who are participating in fire services training offered at: A community and technical college, including through the running start program established in RCW 28A.600.300
; a preparatory secondary career and technical education program under chapter
28A.700
RCW, including a program administered by a skill center under chapter
28A.245
RCW; and other relevant educational programs. The policies, including age restrictions for fire services training, examinations, and certification, must be assessed for the purposes of increasing professional and volunteer opportunities in the fire service.
(2) The director of fire protection shall report to the legislature by October 1, 2025, on any changes made to its policies and practices and any recommendations on changes to state laws and rules for purposes of improving professional and volunteer opportunities in the fire service.
[
2025 c 98 s 3
.]
NOTES:
Finding
—
Intent
—
2025 c 98:
See note following RCW 18.73.165
.
RCW 43.43.942
Fire service training
—
Fees and fee schedules.
The Washington state patrol may: (1) Impose and collect fees for fire service training; and (2) establish and set fee schedules for fire service training.
[
1995 c 369 s 20
;
1986 c 266 s 60
. Formerly RCW 43.63A.360
.]
NOTES:
Application
—
Effective date
—
1995 c 369:
See notes following RCW 43.43.930
.
Severability
—
1986 c 266:
See note following RCW 38.52.005
.
RCW 43.43.944
Fire service training account.
(1) The fire service training account is hereby established in the state treasury. The primary purpose of the account is firefighter training for both volunteer and career firefighters. The fund shall consist of:
(a) All fees received by the Washington state patrol for fire service training;
(b) All grants and bequests accepted by the Washington state patrol under RCW 43.43.940
;
(c) Twenty-two percent of all moneys received by the state on fire insurance premiums;
(d) Revenue from penalties established under RCW 19.27.740
; and
(e) General fund
—
state moneys appropriated into the account by the legislature.
(2) Moneys in the account may be appropriated for: (a) Fire service training; (b) school fire prevention activities within the Washington state patrol; and (c) the maintenance, operations, and capital projects of the state fire training academy. However, expenditures for purposes of (b) and (c) of this subsection may only be made to the extent that these expenditures do not adversely affect expenditures for the purpose of (a) of this subsection. The state patrol may use amounts appropriated from the fire service training account under this section to contract with the Washington state firefighters apprenticeship trust for the operation of the firefighter joint apprenticeship training program. The contract may call for payments on a monthly basis.
(3) Any general fund
—
state moneys appropriated into the account shall be allocated solely to the firefighter joint apprenticeship training program. The Washington state patrol may contract with outside entities for the administration and delivery of the firefighter joint apprenticeship training program.
[
2024 c 279 s 1
;
2020 c 88 s 6
;
2012 c 173 s 1
;
2011 1st sp.s. c 48 s 7026
;
2010 1st sp.s. c 37 s 923
;
2007 c 520 s 6034
;
2007 c 290 s 1
;
2005 c 518 s 929
;
2003 1st sp.s. c 25 s 919
;
1999 c 117 s 2
;
1995 c 369 s 21
;
1986 c 266 s 61
. Formerly RCW 43.63A.370
.]
NOTES:
Effective date
—
2020 c 88:
See note following RCW 19.27.700
.
Effective date
—
2011 1st sp.s. c 48:
See note following RCW 39.35B.050
.
Effective date
—
2010 1st sp.s. c 37:
See note following RCW 13.06.050
.
Part headings not law
—
Severability
—
Effective dates
—
2007 c 520:
See notes following RCW 43.19.125
.
Effective date
—
2005 c 518:
See note following RCW 28A.600.110
.
Severability
—
Effective date
—
2003 1st sp.s. c 25:
See notes following RCW 19.28.351
.
Application
—
Effective date
—
1995 c 369:
See notes following RCW 43.43.930
.
Severability
—
1986 c 266:
See note following RCW 38.52.005
.
RCW 43.43.946
Fire services trust fund.
The fire services trust fund is created in the state treasury. All receipts designated by the legislature shall be deposited in the fund. Appropriations from the fund may be made exclusively for the purposes specified in *RCW 43.63A.377
.
[
1991 c 135 s 2
. Formerly RCW 43.63A.375
.]
NOTES:
*Reviser's note:
RCW 43.63A.377
was recodified as RCW 43.43.948
pursuant to 1995 c 369 s 69, effective July 1, 1995.
Intent
—
1991 c 135:
"It is necessary for the health, safety, and welfare of the people of the state of Washington that fire code enforcement, public education on fire prevention, fire training for fire and emergency response personnel, and administration of these activities be funded in a dependable manner. It is therefore the intent of the legislature to establish a fund for these purposes." [
1991 c 135 s 1
.]
Effective date
—
1991 c 135:
"This act is necessary for the preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991." [
1991 c 135 s 8
.]
Severability
—
1991 c 135:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1991 c 135 s 9
.]
RCW 43.43.948
Fire services trust fund
—
Expenditures.
Money from the fire services trust fund may be expended for the following purposes:
(1) Training of fire service personnel, including both classroom and hands-on training at the state fire training center or other locations approved by the chief of the Washington state patrol through the director of fire protection services;
(2) Maintenance and operation at the state's fire training center near North Bend. If in the future the state builds or leases other facilities as other fire training centers, a portion of these moneys may be used for the maintenance and operation at these centers;
(3) Lease or purchase of equipment for use in the provisions of training to fire service personnel;
(4) Grants or subsidies to local jurisdictions to allow them to perform their functions under this section;
(5) Costs of administering these programs under this section;
(6) Licensing and enforcement of state laws governing the sales of fireworks; and
(7) Development with the legal fireworks industry and funding of a statewide public education program for fireworks safety.
[
1995 c 369 s 22
;
1991 c 135 s 3
. Formerly RCW 43.63A.377
.]
NOTES:
Application
—
Effective date
—
1995 c 369:
See notes following RCW 43.43.930
.
Intent
—
Effective date
—
Severability
—
1991 c 135:
See notes following RCW 43.43.946
.
RCW 43.43.950
Fire service training center bond retirement account of 1977.
The state fire service training center bond retirement account of 1977 is hereby reestablished as an account within the treasury for the purpose of the payment of the principal of and interest on the bonds authorized to be issued pursuant to chapter 349, Laws of 1977 ex. sess., or chapter 470, Laws of 1985 or, if the legislature so determines, for any bonds and notes hereafter authorized and issued for the commission for vocational education or the statutory successor to its powers and duties involving the state fire training center.
The state finance committee, on or before June 30th of each year, shall certify to the state treasurer the amount required in the next succeeding twelve months for the payment of the principal of and the interest coming due on such bonds. The state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the state general obligation bond retirement fund such amounts and at such times as are required by the bond proceedings.
[
1991 sp.s. c 13 s 79
. Formerly RCW 43.63A.380
.]
NOTES:
Effective dates
—
Severability
—
1991 sp.s. c 13:
See notes following RCW 18.08.240
.
RCW 43.43.952
Arson investigation information system
—
Findings
—
Intent.
(1) The legislature finds that provisions for information systems relating to statistics and reporting for fire prevention, suppression, and damage control do not adequately address the needs of ongoing investigations of fire incidents where the cause is suspected or determined to be the result of negligence or otherwise suggestive of some criminal activity, particularly that of arson. It is the intent of the legislature to establish an information and reporting system designed specifically to assist state and local officers in conducting such investigations and, where substantiated, to undertake prosecution of individuals suspected of such activities.
(2)(a) In addition to the information provided by local officials about the cause, origin, and extent of loss in fires under *chapter
48.48
RCW, there is hereby created the state arson investigation information system in the Washington state patrol.
(b) The chief of the Washington state patrol shall develop the arson investigation information system in consultation with representatives of the various state and local officials charged with investigating fires resulting from suspicious or criminal activities under *chapter
48.48
RCW and of the insurance industry.
(c) The arson investigation information system shall be designed to include at least the following attributes: (i) The information gathered and reported shall meet the diverse needs of state and local investigating agencies; (ii) the forms and reports are drafted in understandable terms of common usage; and (iii) the results shall be adaptable to the varying levels of available resources, maintained in a manner to foster data sharing and mutual aid activities, and made available to other law enforcement agencies responsible for criminal investigations.
(d) All insurers required to report claim information under the provisions of chapter
48.50
RCW shall cooperate fully with any requests from the chief of the Washington state patrol in developing and maintaining the arson investigation information system. The confidentiality provisions of that chapter shall be fully enforced.
[
1995 c 369 s 64
.]
NOTES:
*Reviser's note:
Chapter
48.48
RCW was recodified as chapter
43.44
RCW pursuant to
2006 c 25 s 13
.
Application
—
Effective date
—
1995 c 369:
See notes following RCW 43.43.930
.
RCW 43.43.960
State fire service mobilization
—
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this subchapter.
(1) "All risk resources" means those resources regularly provided by fire departments, fire districts, and regional fire protection service authorities required to respond to natural or man-made incidents, including but not limited to:
(a) Wild land fires;
(b) Landslides;
(c) Earthquakes;
(d) Floods; and
(e) Contagious diseases.
(2) "Chief" means the chief of the Washington state patrol.
(3) "Fire chief" includes the chief officer of a statutorily authorized fire agency, or the fire chief's authorized representative. Also included are the department of natural resources fire control chief, and the department of natural resources regional managers.
(4) "Jurisdiction" means state, county, city, fire district, regional fire protection service authority, or port district units, or other units covered by this chapter.
(5) "Mobilization" means that all risk resources regularly provided by fire departments, fire districts, and regional fire protection service authorities beyond those available through existing agreements will be requested and, when available, sent in preparation of, or response to, an emergency or disaster situation that has or is predicted to exceed the capabilities of available local resources. During a large scale emergency, mobilization includes the redistribution of regional or statewide risk resources to either direct emergency incident assignments or to assignment in communities where resources are needed. All risk resources may not be mobilized to assist law enforcement with police activities during a civil protest or demonstration, or other exercise by the people of their constitutionally protected First Amendment rights, or other protected concerted activity, however, fire departments, fire districts, and regional fire protection service authorities are not restricted from providing medical care or aid and firefighting when mobilized for any purpose.
When mobilization is declared and authorized as provided in this chapter, all risk resources regularly provided by fire departments, fire districts, and regional fire protection service authorities including those of the host fire protection authorities, i.e. incident jurisdiction, shall be deemed as mobilized under this chapter, including those that responded earlier under existing mutual aid or other agreement. All nonhost fire protection authorities providing resources in response to a mobilization declaration shall be eligible for expense reimbursement as provided by this chapter from the time of the mobilization declaration.
This chapter shall not reduce or suspend the authority or responsibility of the department of natural resources under chapter
76.04
RCW.
(6) "Mutual aid" means emergency interagency assistance provided without compensation under an agreement between jurisdictions under chapter
39.34
RCW.
(7) "State fire marshal" means the director of fire protection in the Washington state patrol.
[
2025 c 239 s 1
;
2019 c 259 s 1
. Prior:
2015 c 181 s 2
;
2003 c 405 s 1
;
1997 c 49 s 8
; prior:
1995 c 391 s 5
;
1995 c 369 s 10
;
1992 c 117 s 9
. Formerly RCW 38.54.010
.]
NOTES:
Effective date
—
2019 c 259:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019." [
2019 c 259 s 3
.]
Intent
—
2015 c 181:
See note following RCW 43.43.965
.
Effective date
—
1995 c 391:
See note following RCW 38.52.005
.
Effective date
—
1995 c 369:
See note following RCW 43.43.930
.
Findings
—
1992 c 117:
See note following RCW 35.21.775
.
RCW 43.43.961
State fire service mobilization
—
Legislative declaration and intent.
Because of the possibility of the occurrence of disastrous fires or other disasters of unprecedented size and destructiveness, the need to insure that the state is adequately prepared to respond to such a fire or disaster, the need to establish a mechanism and a procedure to provide for reimbursement to state agencies and local agencies that respond to help others in time of need or to a host fire district that experiences expenses beyond the resources of the fire district, and generally to protect the public peace, health, safety, lives, and property of the people of Washington, it is hereby declared necessary to:
(1) Provide the policy and organizational structure for large scale mobilization of all risk resources in the state through creation of the Washington state fire services mobilization plan;
(2) Confer upon the chief the powers provided herein;
(3) Provide a means for reimbursement to state agencies and local fire jurisdictions that incur expenses when mobilized by the chief under the Washington state fire services mobilization plan; and
(4) Provide for reimbursement of the host fire department or fire protection district when it has: (a) Exhausted all of its resources; and (b) invoked its local mutual aid network and exhausted those resources. Upon implementation of state fire mobilization, the host district resources shall become state fire mobilization resources consistent with the fire mobilization plan.
It is the intent of the legislature that mutual aid and other interlocal agreements providing for enhanced emergency response be encouraged as essential to the public peace, safety, health, and welfare, and for the protection of the lives and property of the people of the state of Washington. If possible, mutual aid agreements should be without stated limitations as to resources available, time, or area. Nothing in this chapter shall be construed or interpreted to limit the eligibility of any nonhost fire protection authority for reimbursement of expenses incurred in providing all risk resources for mobilization provided that the mobilization must meet the requirements identified in the Washington state fire service mobilization plan.
[
2015 c 181 s 3
;
2003 c 405 s 2
;
1997 c 49 s 9
;
1995 c 391 s 6
;
1992 c 117 s 10
. Formerly RCW 38.54.020
.]
NOTES:
Intent
—
2015 c 181:
See note following RCW 43.43.965
.
Effective date
—
1995 c 391:
See note following RCW 38.52.005
.
Findings
—
1992 c 117:
See note following RCW 35.21.775
.
RCW 43.43.962
State fire service mobilization
—
State fire services mobilization plan
—
State fire resources coordinator.
The director of fire protection shall review and make recommendations to the chief on the refinement and maintenance of the Washington state fire services mobilization plan, which shall include the procedures to be used during fire and other emergencies for coordinating local, regional, and state fire jurisdiction resources. In carrying out this duty, the director of fire protection shall consult with and solicit recommendations from representatives of state and local fire and emergency management organizations, regional fire defense boards, and the department of natural resources. The Washington state fire services mobilization plan shall be consistent with, and made part of, the Washington state comprehensive emergency management plan. The chief shall review the fire services mobilization plan as submitted by the director of fire protection, recommend changes that may be necessary, and approve the fire services mobilization plan for inclusion within the state comprehensive emergency management plan.
It is the responsibility of the chief to mobilize jurisdictions under the Washington state fire services mobilization plan. The state fire marshal shall serve as the state fire resources coordinator when the Washington state fire services mobilization plan is mobilized.
[
2010 1st sp.s. c 7 s 47
;
2003 c 405 s 3
;
1997 c 49 s 10
;
1995 c 269 s 1101
;
1992 c 117 s 11
. Formerly RCW 38.54.030
.]
NOTES:
Effective date
—
2010 1st sp.s. c 26; 2010 1st sp.s. c 7:
See note following RCW 43.03.027
.
Effective date
—
Part headings not law
—
Severability
—
1995 c 269:
See notes following RCW 18.16.050
.
Findings
—
1992 c 117:
See note following RCW 35.21.775
.
RCW 43.43.963
State fire service mobilization
—
Regional fire defense boards
—
Regional fire service plans
—
Regions established.
(1) Regions within the state are initially established as follows but may be adjusted as necessary by the state fire marshal:
(a) Northwest region - Whatcom, Skagit, Snohomish, San Juan, and Island counties;
(b) Northeast region - Okanogan, Ferry, Stevens, Pend Oreille, Spokane, and Lincoln counties;
(c) Olympic region - Clallam and Jefferson counties;
(d) South Puget Sound region - Kitsap, Mason, King, and Pierce counties;
(e) Southeast region - Chelan, Douglas, Kittitas, Grant, Adams, Whitman, Yakima, Klickitat, Benton, Franklin, Walla Walla, Columbia, Garfield, and Asotin counties;
(f) Central region - Grays Harbor, Thurston, Pacific, and Lewis counties; and
(g) Southwest region - Wahkiakum, Cowlitz, Clark, and Skamania counties.
(2)(a) There is created a regional fire defense board within each region created in subsection (1) of this section.
(b) The regional fire defense boards shall consist of two members from each county in the region. One member from each county shall be appointed by the county fire chiefs' association or, in the event there is no such county association, by the county's legislative authority. Each county's office of emergency management or, in the event there is no such office, the county's legislative authority shall select the second representative to the regional board. The department of natural resources fire control chief shall appoint a representative from each department of natural resources region to serve as a member of the appropriate regional fire defense board.
(c) Members of each regional board will select a chairperson and secretary as officers. Members serving on the regional boards do so in a voluntary capacity and are not eligible for reimbursement for meeting-related expenses from the state.
(3)(a) Regional defense boards shall develop regional fire service plans that include provisions for organized fire agencies to respond across municipal, county, or regional boundaries.
(b) Each regional plan shall be consistent with the incident command system, the Washington state fire services mobilization plan, the requirements of this section, and regional response plans already adopted and in use in the state. The regional boards shall work with the relevant local government entities to facilitate development of intergovernmental agreements if any such agreements are required to implement a regional fire service plan.
(c) Each regional fire service plan must include a mechanism by which a local fire mobilization radio frequency, consistent with RCW 76.04.015, is identified and made available during the initial response to any forest fire that crosses jurisdictional lines so that all responders have access to communications during the response. Different initial response frequencies may be identified and used as appropriate in different geographic response areas. If the fire radio communication needs escalate beyond the capability of the identified local radio frequency, the use of other available designated interoperability radio frequencies may be used.
(d) Each regional fire service plan shall be approved by the director of fire protection.
[
2010 1st sp.s. c 7 s 48
;
2010 c 38 s 2
;
1997 c 49 s 11
;
1992 c 117 s 12
. Formerly RCW 38.54.040
.]
NOTES:
Reviser's note:
This section was amended by 2010 c 38 s 2 and by 2010 1st sp.s. c 7 s 48, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Effective date
—
2010 1st sp.s. c 26; 2010 1st sp.s. c 7:
See note following RCW 43.03.027
.
Findings
—
1992 c 117:
See note following RCW 35.21.775
.
RCW 43.43.964
State fire service mobilization
—
Development of reimbursement procedures.
The Washington state patrol in consultation with the office of financial management and the Washington military department shall develop procedures to facilitate reimbursement to state agencies and jurisdictions from appropriate federal and state funds when state agencies and jurisdictions are mobilized by the chief under the Washington state fire services mobilization plan. The Washington state patrol shall ensure that these procedures provide reimbursement to the host district in as timely a manner as possible.
[
2003 c 405 s 4
;
1997 c 49 s 12
;
1995 c 391 s 7
;
1992 c 117 s 13
. Formerly RCW 38.54.050
.]
NOTES:
Effective date
—
1995 c 391:
See note following RCW 38.52.005
.
Findings
—
1992 c 117:
See note following RCW 35.21.775
.
RCW 43.43.965
State fire service mobilization
—
Plan use for purposes other than fire suppression
—
Annual report.
The chief of the Washington state patrol must report on an annual basis the following information for each emergency or disaster in which the Washington state fire service mobilization plan was used for purposes other than fire suppression, and reimbursement was made under RCW 43.43.961
:
(1) The type and nature of the disaster or emergency;
(2) The reasons why the host jurisdiction and mutual aid resources were exhausted;
(3) The additional risk resources provided under the mobilization plan;
(4) The cost incurred by the state patrol;
(5) The amount of reimbursement made under RCW 43.43.961
to the host jurisdiction and to each nonhost jurisdiction providing all risk resources; and
(6) An assessment and any recommendations of actions that can be taken by the host jurisdiction and its mutual aid network to prevent future use of the fire mobilization plan for similar disasters or emergencies.
[
2015 c 181 s 4
.]
NOTES:
Intent
—
2015 c 181:
"The legislature recognizes the vital role that our state's fire service personnel play in responding not just to fires but to disasters of varying types and kinds. The legislature further recognizes that the fire service mobilization plan may be a more effective tool for use in all emergencies and disasters to which fire departments, fire districts, and regional fire protection service authorities typically respond. It is the intent of the legislature that state fire service mobilization be allowed in all incidents to which fire departments, fire districts, and regional fire protection service authorities typically respond, so long as the mobilization meets the requirements identified in the Washington state fire service mobilization plan. It is the intent of the legislature to review the use of the fire mobilization plan for emergencies and disasters other than fire suppression to determine if this policy should continue or be modified." [
2015 c 181 s 1
.]
RCW 43.43.970
Law enforcement mobilization
—
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency" means any general purpose law enforcement agency as defined in RCW 10.93.020
.
(2) "Board" means the state law enforcement mobilization policy board.
(3) "Chief" means the chief of the Washington state patrol.
(4) "Chief law enforcement officer" means the chief of police or sheriff responsible for law enforcement services in the jurisdiction in which the emergency is occurring.
(5) "General authority Washington peace officer" means a general authority Washington peace officer as defined in RCW 10.93.020
.
(6) "Host agency" means the law enforcement agency that requests statewide mobilization under RCW 43.43.970
through
43.43.975
.
(7) "Mobilization" means a redistribution of regional and statewide law enforcement resources in response to an emergency or disaster situation.
(8) "Mutual aid" means emergency interagency assistance provided without compensation pursuant to an agreement under chapter
39.34
RCW.
(9) "Resource coordination" means the effort to locate and arrange for the delivery of resources needed by chief law enforcement officers.
(10) "State law enforcement resource coordinator" means a designated individual or agency selected by the chief to perform the responsibilities of that position.
[
2003 c 405 s 6
.]
NOTES:
Legislative declaration and intent
—
2003 c 405:
"(1) Because of the possibility of a disaster of unprecedented size and destruction, including acts of domestic terrorism and civil unrest, that requires law enforcement response for the protection of persons or property and preservation of the peace, the need exists to ensure that the state is adequately prepared to respond to such an incident. There is a need to (a) establish a mechanism and a procedure to provide for reimbursement to law enforcement agencies that respond to help others in time of need, and to host law enforcement agencies that experience expenses beyond the resources of the agencies; and (b) generally to protect the public safety, peace, health, lives, and property of the people of Washington.
(2) It is hereby declared necessary to:
(a) Provide the policy and organizational structure for large-scale mobilization of law enforcement resources in the state, using the incident command system, through creation of the Washington state law enforcement mobilization plan;
(b) Confer upon the chief of the Washington state patrol the powers provided in this chapter;
(c) Provide a means for reimbursement to law enforcement jurisdictions that incur expenses when mobilized by the chief under the Washington state law enforcement mobilization plan; and
(d) Provide for reimbursement of the host law enforcement agency when it has:
(i) Exhausted all of its resources; and
(ii) Invoked its local mutual aid network and exhausted those resources." [
2003 c 405 s 5
.]
RCW 43.43.971
Law enforcement mobilization
—
State law enforcement mobilization policy board
—
State law enforcement mobilization plan.
(1) The state law enforcement mobilization policy board shall be established by the chief and shall have representatives from each of the regions established in RCW 43.43.974
. In carrying out its duty, the board shall consult with and solicit recommendations from representatives of the state and local law enforcement and emergency management organizations, and regional law enforcement mobilization committees.
(2) The board shall establish and make recommendations to the chief on the refinement and maintenance of the Washington state law enforcement mobilization plan, including the procedures to be used during an emergency or disaster response requiring coordination of local, regional, and state law enforcement resources.
(3) The chief shall review the Washington state law enforcement mobilization plan, as submitted by the board, recommend changes as necessary, and may approve the plan. The plan shall be consistent with the Washington state comprehensive emergency management plan. The chief may recommend the plan for inclusion within the state comprehensive emergency management plan established under chapter
38.52
RCW.
[
2003 c 405 s 7
.]
RCW 43.43.972
Law enforcement mobilization
—
Local law enforcement request for mobilization
—
State law enforcement resource coordinator
—
Mobilization response
—
Declaration of end of mobilization.
(1) Local law enforcement may request mobilization only in response to an emergency or disaster exceeding the capabilities of available local resources and those available through existing mutual aid agreements. Upon finding that the local jurisdiction has exhausted all available resources, it is the responsibility of the chief to determine whether mobilization is the appropriate response to the emergency or disaster and, if so, to mobilize jurisdictions under the Washington state law enforcement mobilization plan.
(2) Upon mobilization, the chief shall appoint a state law enforcement resource coordinator, and an alternate, who shall serve jointly with the chief law enforcement officer from the host agency to command the mobilization effort consistent with incident command system procedures.
(3) Upon mobilization, all law enforcement resources including those of the host agency and those that responded earlier under an existing mutual aid or other agreement shall be mobilized. Mobilization may include the redistribution of regional or statewide law enforcement resources to either direct emergency incident assignments or to assignments in communities where law enforcement resources are needed.
(4) For the duration of the mobilization:
(a) Host agency resources shall become state law enforcement mobilization resources, under the command of the state law enforcement resource coordinator and the chief law enforcement officer from the host agency, consistent with the state law enforcement mobilization plan and incident command system procedures; and
(b) All law enforcement authorities providing resources in response to a mobilization declaration shall be eligible for expense reimbursement as provided by this chapter.
(5) The chief, in consultation with the regional law enforcement resource coordinator, shall determine when mobilization is no longer required and shall then declare the end to the mobilization.
[
2003 c 405 s 8
.]
RCW 43.43.973
State law enforcement mobilization
—
State law enforcement coordinator
—
Duties.
(1) The state law enforcement resource coordinator, or alternate, shall serve in that capacity for the duration of the mobilization.
(2) The duties of the coordinator are to:
(a) Coordinate the mobilization of law enforcement and other support resources within a region;
(b) Be primarily responsible for the coordination of resources in conjunction with the regional law enforcement mobilization committees, in the case of incidents involving more than one region or when resources from more than one region must be mobilized; and
(c) Advise and consult with the chief regarding what resources are required in response to the emergency or disaster and in regard to when the mobilization should end.
[
2003 c 405 s 9
.]
RCW 43.43.974
State law enforcement mobilization
—
Regions established
—
Regional law enforcement mobilization committees
—
Regional law enforcement mobilization plans.
(1) Regions within the state are initially established as follows and may be adjusted as necessary by the state law enforcement policy board, but should remain consistent with the Washington state fire defense regions:
(a) Central region - Grays Harbor, Thurston, Pacific, and Lewis counties;
(b) Lower Columbia region - Kittitas, Yakima, and Klickitat counties;
(c) Mid-Columbia region - Chelan, Douglas, and Grant counties;
(d) Northeast region - Okanogan, Ferry, Stevens, Pend Oreille, Spokane, Adams, and Lincoln counties;
(e) Northwest region - Whatcom, Skagit, Snohomish, San Juan, and Island counties;
(f) Olympic region - Clallam and Jefferson counties;
(g) South Puget Sound region - Kitsap, Mason, King, and Pierce counties;
(h) Southeast region - Benton, Franklin, Walla Walla, Columbia, Whitman, Garfield, and Asotin counties;
(i) Southwest region - Wahkiakum, Cowlitz, Clark, and Skamania counties.
(2) Within each of the regions there is created a regional law enforcement mobilization committee. The committees shall consist of the sheriff of each county in the region, the district commander of the Washington state patrol from the region, a number of police chiefs within the region equivalent to the number of counties within the region plus one, and the director of the counties' emergency management office. The police chief members of each regional committee must include the chiefs of police of each city of ninety-five thousand or more population, and the number of members of the committee shall be increased if necessary to accommodate such chiefs. Members of each regional mobilization committee shall select a chair, who shall have authority to implement the regional plan, and a secretary as officers. Members serving on the regional mobilization committees shall not be eligible for reimbursement for meeting-related expenses from the state.
(3) The regional mobilization committees shall work with the relevant local government entities to facilitate development of intergovernmental agreements if any such agreements are required to implement a regional law enforcement mobilization plan.
(4) Regional mobilization committees shall develop regional law enforcement mobilization plans that include provisions for organized law enforcement agencies to respond across municipal, county, or regional boundaries. Each regional mobilization plan shall be consistent with the incident command system, the Washington state law enforcement mobilization plan, and regional response plans adopted prior to July 27, 2003.
(5) Each regional plan adopted under subsection (4) of this section shall be approved by the state law enforcement mobilization policy board before implementation.
[
2003 c 405 s 10
.]
RCW 43.43.975
State law enforcement mobilization
—
Development of reimbursement procedures
—
Eligibility of nonhost law enforcement authority for reimbursement.
The state patrol in consultation with the Washington association of sheriffs and police chiefs and the office of financial management shall develop procedures to facilitate reimbursement to jurisdictions from funds appropriated specifically for this purpose when jurisdictions are mobilized under the Washington state law enforcement mobilization plan.
Nothing in this chapter shall be construed or interpreted to limit the eligibility of any nonhost law enforcement authority for reimbursement of expenses incurred in providing law enforcement resources for mobilization.
[
2003 c 405 s 11
.]