reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.705 - Identification data—Processing procedure—Definitions.

RCW 43.43.705
Identification data—Processing procedure—Definitions.
Upon the receipt of identification data from criminal justice agencies within this state, the section shall immediately cause the files to be examined and upon request shall promptly return to the contributor of such data a transcript of the record of previous arrests and dispositions of the persons described in the data submitted.
Upon application, the section shall furnish to criminal justice agencies a transcript of the criminal history record information available pertaining to any person of whom the section has a record.
For the purposes of RCW 43.43.700 through 43.43.785 the following words and phrases shall have the following meanings:
"Criminal history record information" includes, and shall be restricted to identifying data and information recorded as the result of an arrest or other initiation of criminal proceedings and the consequent proceedings related thereto. "Criminal history record information" shall not include intelligence, analytical, or investigative reports and files.
"Criminal justice agencies" are those public agencies within or outside the state which perform, as a principal function, activities directly relating to the apprehension, prosecution, adjudication or rehabilitation of criminal offenders.
The section may refuse to furnish any information pertaining to the identification or history of any person or persons of whom it has a record, or other information in its files and records, to any applicant if the chief determines that the applicant has previously misused information furnished to such applicant by the section or the chief believes that the applicant will not use the information requested solely for the purpose of due administration of the criminal laws or for the purposes enumerated in RCW 43.43.760(4). The applicant may appeal such determination by notifying the chief in writing within thirty days. The hearing shall be before an administrative law judge appointed under chapter 34.12 RCW and in accordance with procedures for adjudicative proceedings under chapter 34.05 RCW.
[ 2006 c 294 § 2; 1999 c 151 § 1101; 1989 c 334 § 7; 1987 c 486 § 10; 1985 c 201 § 8; 1977 ex.s. c 314 § 14; 1972 ex.s. c 152 § 2.]
NOTES:
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.710 - Availability of information.

RCW 43.43.710
Availability of information.
Information contained in the files and records of the section relative to the commission of any crime by any person shall be considered privileged and shall not be made public or disclosed for any personal purpose or in any civil court proceedings except upon a written order of the judge of a court wherein such civil proceedings are had. All information contained in the files of the section relative to criminal records and personal histories of persons arrested for the commission of a crime shall be available to all criminal justice agencies upon the filing of an application as provided in RCW 43.43.705.
Although no application for information has been made to the section as provided in RCW 43.43.705, the section may transmit such information in the chief's discretion, to such agencies as are authorized by RCW 43.43.705 to make application for it.
[ 1995 c 369 § 13; 1987 c 486 § 11; 1986 c 266 § 87; 1985 c 201 § 9; 1979 ex.s. c 36 § 7. Prior: 1977 ex.s. c 314 § 15; 1977 ex.s. c 30 § 1; 1972 ex.s. c 152 § 3.]
NOTES:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.715 - Identification—Cooperation with other criminal justice agencies.

RCW 43.43.715
Identification—Cooperation with other criminal justice agencies.
The section shall, consistent with the procedures set forth in chapter 152, Laws of 1972 ex. sess., cooperate with all other criminal justice agencies within or without the state, in an exchange of information regarding convicted criminals and those suspected of or wanted for the commission of crimes to the end that proper identification may rapidly be made and the ends of justice served.
[ 2006 c 294 § 3; 1989 c 334 § 8; 1985 c 201 § 10; 1972 ex.s. c 152 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.720 - Local identification and records systems—Assistance.

RCW 43.43.720
Local identification and records systems—Assistance.
At the request of any criminal justice agency within this state, the section may assist such agency in the establishment of local identification and records systems.
[ 1972 ex.s. c 152 § 5.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.725 - Records as evidence.

RCW 43.43.725
Records as evidence.
Any copy of a criminal history record, photograph, fingerprint, or other paper or document in the files of the section, certified by the chief or his or her designee to be a true and complete copy of the original or of information on file with the section, shall be admissible in evidence in any court of this state pursuant to the provisions of RCW 5.44.040.
[ 2006 c 294 § 4; 1985 c 201 § 11; 1972 ex.s. c 152 § 6.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.730 - Records—Inspection—Copying—Requests for purge or modification—Appeals.

RCW 43.43.730
Records—Inspection—Copying—Requests for purge or modification—Appeals.
(1) Any individual shall have the right to inspect or request a copy of the criminal history record information on file with the section which refers to the individual. If the individual believes such information to be inaccurate or incomplete, he or she may request the section to purge, modify or supplement it and to advise such persons or agencies who have received his or her record and whom the individual designates to modify it accordingly. Should the section decline to so act, or should the individual believe the section's decision to be otherwise unsatisfactory, the individual may appeal such decision to the superior court in the county in which he or she is resident, or the county from which the disputed record emanated or Thurston county. The court shall in such case conduct a de novo hearing, and may order such relief as it finds to be just and equitable.
(2) The section may prescribe reasonable hours and a place for inspection, and may impose such additional restrictions, including fingerprinting, as are reasonably necessary both to assure the record's security and to verify the identities of those who seek to inspect them: PROVIDED, That the section may charge a reasonable fee for fingerprinting or for providing a copy of the criminal history record information pursuant to subsection (1) of this section.
[ 2012 c 125 § 4; 2006 c 294 § 5; 1985 c 201 § 12; 1977 ex.s. c 314 § 16; 1972 ex.s. c 152 § 7.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.735 - Photographing and fingerprinting—Powers and duties of law enforcement agencies—Other data.

RCW 43.43.735
Photographing and fingerprinting—Powers and duties of law enforcement agencies—Other data.
(1) It shall be the duty of the sheriff or director of public safety of every county, and the chief of police of every city or town, and of every chief officer of other law enforcement agencies duly operating within this state, to cause the photographing and fingerprinting of all adults and juveniles lawfully arrested for the commission of any criminal offense constituting a felony or gross misdemeanor. (a) When such juveniles are brought directly to a juvenile detention facility, the juvenile court administrator is also authorized, but not required, to cause the photographing, fingerprinting, and record transmittal to the appropriate law enforcement agency; and (b) a further exception may be made when the arrest is for a violation punishable as a gross misdemeanor and the arrested person is not taken into custody.
(2) It shall be the right, but not the duty, of the sheriff or director of public safety of every county, and the chief of police of every city or town, and every chief officer of other law enforcement agencies operating within this state to photograph and record the fingerprints of all adults lawfully arrested.
(3) Such sheriffs, directors of public safety, chiefs of police, and other chief law enforcement officers, may record, in addition to photographs and fingerprints, the palmprints, soleprints, toeprints, or any other identification data of all persons whose photograph and fingerprints are required or allowed to be taken under this section when in the discretion of such law enforcement officers it is necessary for proper identification of the arrested person or the investigation of the crime with which he or she is charged.
[ 2009 c 549 § 5130; 2006 c 294 § 6; 1991 c 3 § 297. Prior: 1989 c 334 § 9; 1989 c 6 § 2; prior: 1987 c 486 § 12; 1987 c 450 § 2; 1985 c 201 § 13; 1972 ex.s. c 152 § 8.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.740 - Photographing and fingerprinting—Transmittal of data.

RCW 43.43.740
Photographing and fingerprinting—Transmittal of data.
(1) It shall be the duty of the sheriff or director of public safety of every county, and the chief of police of every city or town, and of every chief officer of other law enforcement agencies duly operating within this state to furnish within seventy-two hours from the time of arrest to the section the required sets of fingerprints together with other identifying data as may be prescribed by the chief, of any person lawfully arrested, fingerprinted, and photographed pursuant to RCW 43.43.735.
(2) Law enforcement agencies may retain and file copies of the fingerprints, photographs, and other identifying data and information obtained pursuant to RCW 43.43.735. Said records shall remain in the possession of the law enforcement agency as part of the identification record and are not returnable to the subjects thereof.
[ 2006 c 294 § 7; 1989 c 334 § 10. Prior: 1987 c 486 § 13; 1987 c 450 § 3; 1985 c 201 § 14; 1972 ex.s. c 152 § 9.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.742 - Submission of fingerprints taken from persons for noncriminal purposes—Fees.

RCW 43.43.742
Submission of fingerprints taken from persons for noncriminal purposes—Fees.
The Washington state patrol shall adopt rules concerning submission of fingerprints taken by local agencies after July 26, 1987, from persons for license application or other noncriminal purposes. The Washington state patrol may charge fees for submission of fingerprints which will cover as nearly as practicable the direct and indirect costs to the Washington state patrol of processing such submission.
[ 1987 c 450 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.750 - Use of force to obtain identification information—Liability.

RCW 43.43.750
Use of force to obtain identification information—Liability.
In exercising their duties and authority under RCW 43.43.735 and 43.43.740, the sheriffs, directors of public safety, chiefs of police, and other chief law enforcement officers, may, consistent with constitutional and legal requirements, use such reasonable force as is necessary to compel an unwilling person to submit to being photographed, or fingerprinted, or to submit to any other identification procedure, except interrogation, which will result in obtaining physical evidence serving to identify such person. No one having the custody of any person subject to the identification procedures provided for in chapter 152, Laws of 1972 ex. sess., and no one acting in his or her aid or under his or her direction, and no one concerned in such publication as is provided for in RCW 43.43.740, shall incur any liability, civil or criminal, for anything lawfully done in the exercise of the provisions of chapter 152, Laws of 1972 ex. sess.
[ 2009 c 549 § 5131; 1972 ex.s. c 152 § 11.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.751 - Biological samples for missing persons investigations.

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 § 6; 2006 c 102 § 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.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.752 - DNA identification system—Plan—Report.

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 § 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 § 8.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.753 - Findings—DNA identification system—DNA database—DNA data bank.

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 § 1; 2002 c 289 § 1; 1989 c 350 § 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 § 7.]
Effective date—2002 c 289: "This act takes effect July 1, 2002." [ 2002 c 289 § 9.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.7532 - DNA identification system—DNA database account.

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 § 3; 2002 c 289 § 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.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.7541 - DNA identification system—Collection of biological samples—Fees prior to July 1, 2023—Distribution—Waiver.

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 § 4; 2018 c 269 § 18; 2015 c 265 § 31; 2011 c 125 § 1; 2008 c 97 § 3; 2002 c 289 § 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.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.756 - DNA identification system—Analysis, assistance, and testimony services.

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 § 4; 1989 c 350 § 5.]
NOTES:
Finding—Funding limitations—1989 c 350: See notes following RCW 43.43.752.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.758 - DNA identification system—Local law enforcement systems—Limitations.

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 § 2; 1989 c 350 § 6.]
NOTES:
Finding—Funding limitations—1989 c 350: See notes following RCW 43.43.752.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.759 - DNA identification system—Rule-making requirements.

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 § 3; 1990 c 230 § 1.]
NOTES:
Severability—Effective date—2002 c 289: See notes following RCW 43.43.753.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.765 - Reports of transfer, release or changes as to committed or imprisoned persons—Records.

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 § 131; 1983 c 3 § 108; 1972 ex.s. c 152 § 14.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.770 - Unidentified deceased persons.

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 § 15.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.775 - Interagency contracts.

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 § 16.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.780 - Transfer of records, data, equipment to section.

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 § 17.]
NOTES:
*Reviser's note: The "section on identification" was renamed the "identification and criminal history section" by 2006 c 294 § 1.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.785 - Criminal justice services—Consolidation—Establishment of program.

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 § 1102; 1972 ex.s. c 152 § 18.]
NOTES:
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.800 - Criminal justice services programs—Duties of executive committee.

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 § 1103; 1972 ex.s. c 152 § 21.]
NOTES:
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.810 - Obtaining information by false pretenses—Unauthorized use of information—Falsifying records—Penalty.

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 § 8; 1977 ex.s. c 314 § 17; 1972 ex.s. c 152 § 23.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.822 - County sheriff to forward registration information—Felony firearm offense conviction database—Exempt from public disclosure.

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 § 6.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.825 - Guilty plea or conviction for certain felony crimes—Notification of state patrol—Transmission of information to the department of health.

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 § 28; 2006 c 99 § 8.]
NOTES:
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.8321 - Background checks—Dissemination of conviction record information.

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 § 5; 2005 c 421 § 10.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.833 - Background checks—State immunity.

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 § 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.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.834 - Background checks by business, organization, or insurance company—Limitations—Civil liability.

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 § 3; 1999 c 21 § 2; 1998 c 10 § 3; 1990 c 3 § 1103. Prior: 1989 c 334 § 3; 1989 c 90 § 3; 1987 c 486 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.836 - Disclosure to individual of own record—Fee.

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 § 4; 1987 c 486 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.839 - Fingerprint identification account.

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 § 964; 2017 3rd sp.s. c 1 § 969; 2016 sp.s. c 36 § 928; 2015 3rd sp.s. c 4 § 955; 2014 c 221 § 916; 2010 1st sp.s. c 37 § 922; 1995 c 169 § 2; 1992 c 159 § 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.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.840 - Notification to licensing agency of employment termination for certain crimes against persons.

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 § 827; 2005 c 421 § 6; 1997 c 386 § 40. Prior: 1989 c 334 § 5; 1989 c 90 § 5; 1987 c 486 § 6.]
NOTES:
Findings—Purpose—part headings not law—2006 c 263: See notes following RCW 28A.150.230.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.845 - Notification of conviction or guilty plea of certain felony crimes—Transmittal of information to superintendent of public instruction.

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 § 8; 2006 c 263 § 828. Prior: 2005 c 421 § 7; 2005 c 237 § 1; 1990 c 33 § 577; 1989 c 320 § 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.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.850 - Organized crime intelligence unit—Created.

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 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.852 - "Organized crime" defined.

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 § 2.]
NOTES:
*Reviser's note: RCW 43.43.858 through 43.43.864 were repealed by 2009 c 560 § 24.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.854 - Powers and duties of organized crime intelligence unit.

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 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.856 - Divulging investigative information prohibited—Confidentiality—Security of records and files.

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 § 298; 2003 c 53 § 230; 1973 1st ex.s. c 202 § 4.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.874 - Missing and murdered indigenous women, other indigenous persons—Liaison positions.

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 § 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 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.43 - Washington State Patrol. › 43.43.876 - Missing and murdered indigenous women, other indigenous persons—Protocol—Training.

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 § 3.]
NOTES:
Findings—Intent—2019 c 127: See note following RCW 43.43.874.