title: RCW 43.43.350

text:
Eligibility for examination for promotion shall be determined as follows:
Patrol officers with one year of probationary experience, in addition to three years experience as a regular patrol officer before the date of the first examination occurrence, shall be eligible for examination for the rank of sergeant; patrol officers with one year of probationary experience in the rank of sergeant before the date of the first examination occurrence, in addition to two years as a regular sergeant, shall be eligible for examination for the rank of lieutenant.
[ 2009 c 549 s 5128; 1998 c 193 s 1; 1969 ex.s. c 20 s 2; 1965 c 8 s 43.43.350. Prior: 1949 c 192 s 4, part; Rem. Supp. 1949 s 6362-61c, part.]

catchline: Determination of eligibility for examination for promotion.


doc_type: statute

jurisdiction: wa

title: RCW 43.43.360

text:
All newly appointed or promoted officers shall serve a probationary period of one year after appointment or promotion, whereupon their probationary status shall terminate, and they shall acquire regular status in the particular grade, unless given notice in writing to the contrary by the chief prior to the expiration of the probationary period.
[ 1984 c 141 s 5; 1965 c 8 s 43.43.360. Prior: 1949 c 192 s 4, part; Rem. Supp. 1949 s 6362-61c, part.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Probationary period.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.43.370

text:
The chief of the Washington state patrol may appoint such staff or technical officers as he or she deems necessary for the efficient operation of the patrol, and he or she may assign whatever rank he or she deems necessary to such staff or technical officers for the duration of their service as such.
Staff or technical officers may be returned to their line rank or position whenever the chief so desires. Staff or technical officers without line command assignment and whose duties are of a special or technical nature shall hold their staff or technical rank on a continuing probationary basis; however, such staff or technical officers, if otherwise eligible, shall not be prevented from taking the line promotion examinations, and qualifying for promotion whenever the examinations may be held.
If a staff or technical officer returns to line operations he or she shall return in the rank that he or she holds in the line command, unless promoted to a higher rank through examination and appointment as herein provided: PROVIDED, Nothing contained herein shall be construed as giving the chief the right to demote or to reduce the rank of any officer of the patrol who was holding such office on April 1, 1949.
[ 2009 c 549 s 5129; 1965 c 8 s 43.43.370. Prior: 1949 c 192 s 5; Rem. Supp. 1949 s 6362-61d.]

catchline: Staff or technical officers.


title: RCW 43.43.380

text:
(1)(a) The minimum monthly salary paid to state patrol troopers and sergeants must be competitive with law enforcement agencies within the boundaries of the state of Washington, guided by the results of a survey undertaken in the collective bargaining process during each biennium. Compensation must be calculated using base salary, premium pay (a pay received by more than a majority of employees), education pay, and longevity pay. The compensation comparison data is based on the Washington state patrol and the law enforcement agencies listed in this section. Increases for sergeants will be extended to the salary levels for captains and lieutenants through the collective bargaining process to ensure proportionality of increases.
(b)(i) Until July 1, 2028, the comparisons for determining competitiveness with other law enforcement agency salary levels must be guided by the average of compensation paid to the corresponding rank from the Seattle police department, King county sheriff's office, Tacoma police department, Snohomish county sheriff's office, Spokane police department, and Vancouver police department.
(ii) Beginning July 1, 2028, the comparisons for determining competitiveness with other law enforcement agency salary levels must be guided by the average of compensation paid to the corresponding rank from the Seattle police department, King county sheriff's office, Tacoma police department, Snohomish county sheriff's office, Spokane police department, and Vancouver police department, unless the office of financial management determines that one or more agencies should be replaced in this comparison with another law enforcement agency pursuant to the periodic evaluation process specified in (b)(iii) of this subsection.
(iii) By January 1, 2028, and each decade thereafter, the office of financial management must conduct an evaluation of the six agencies that are relevant for comparison to ensure state patrol troopers and sergeant salary levels are competitive with other law enforcement agencies within the boundaries of the state of Washington. If the office of financial management determines that one or more agencies specified in (b)(ii) of this subsection should be replaced in this comparison with a different law enforcement agency that is more relevant to ensure salary competitiveness, the office of financial management may utilize that revised compensation comparison data in the survey undertaken in the collective bargaining process during each biennium.
(2) By December 1, 2024, as part of the salary survey required in this section, the office of financial management must report to the governor and transportation committees of the legislature on the efficacy of Washington state patrol recruitment and retention efforts. Using the results of the 2016 salary survey as the baseline data, the report must include an analysis of voluntary resignations of state patrol troopers and sergeants and a comparison of state patrol academy class sizes and trooper graduations.
[ 2022 c 131 s 1; 2018 c 140 s 1; 2016 c 28 s 5; 1965 c 8 s 43.43.380. Prior: 1949 c 192 s 6; Rem. Supp. 1949 s 6362-61e.]
Notes:
Intent—2016 c 28: "It is the intent of the legislature to recruit and retain the highest qualified commissioned officers of the Washington state patrol appointed under RCW 43.43.020. The "Joint Transportation Committee Recruitment and Retention Study" dated January 7, 2016, outlines several recommendations to fulfill this intent. The study recommendations were broken down into several areas, with the Washington state patrol, office of financial management, select committee on pension policy, and the legislature all supporting their respective authorizations and control over their respective areas of responsibility and accountability. It is also the intent of the legislature in the 2017-2019 fiscal biennium to increase the thirty dollar vehicle license fee distribution to the state patrol for the salaries and benefits of state patrol officers, including troopers, sergeants, lieutenants, and captains, and make adjustments as needed in the 2019-2021 fiscal biennium." [ 2016 c 28 s 1.]

catchline: Minimum salaries—Report.


title: RCW 43.43.385

text:
(1) The Washington state patrol shall develop and implement a state trooper expedited recruitment incentive program for the purpose of recruiting and filling vacant trooper positions. Recruitment must redouble the effort to create a more diverse workforce and must also provide an accelerated pathway for joining the state patrol for individuals who have previously been employed as a general authority peace officer.
(2) The state trooper expedited recruitment incentive program established by the Washington state patrol may include:
(a) Hiring procedures and an accelerated training program for lateral hires from other agencies that recognizes the knowledge and experience of candidates previously employed in law enforcement; and
(b) A sign-on bonus or other bonus for each trooper hired through the expedited recruitment incentive program.
(3) The establishment of the state trooper expedited recruitment incentive program is subject to a change to the applicable collective bargaining agreements negotiated with the exclusive bargaining representatives.
(4) This section does not interfere with, impede, or in any way diminish the right of the officers of the Washington state patrol to bargain collectively with the state through the exclusive bargaining representatives as provided for in RCW 41.56.560.
(5) Expenditures and eligibility for the state trooper expedited recruitment incentive program established in this section are subject to the availability of amounts appropriated for this specific purpose. The specific amounts, requirements, and other provisions related to the bonus policy for cadet hires or lateral hires are subject to applicable provisions as set forth in an omnibus transportation appropriations act.
(6) For the purposes of this section:
(a) "Cadet" means a person employed for the express purpose of receiving the on-the-job training required for attendance at the Washington state patrol academy and for becoming a commissioned trooper.
(b) "Lateral hire" means an eligible employee previously employed as a general authority peace officer.
[ 2023 c 459 s 2.]
Notes:
Findings—2023 c 459: "The legislature finds that the Washington state patrol is experiencing historic levels of trooper vacancies, with almost 30 percent of trooper positions unfilled. At the same time, Washington is experiencing alarming increases in serious and fatal crashes on our roadways. The legislature recognizes that the Washington state patrol is working on strengthening its recruiting efforts, with a focus on broadening outreach to candidates from marginalized communities. This historic confluence of factors justifies extraordinary measures to assist the Washington state patrol in its efforts to attract and retain sufficient numbers of troopers for the protection of the citizens of the state of Washington." [ 2023 c 459 s 1.]
Effective date—2023 c 459: "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 15, 2023]." [ 2023 c 459 s 3.]

catchline: Expedited recruitment incentive program.


title: RCW 43.43.386

text:
(1) Beginning July 1, 2024, an eligible commissioned employee completing 26 or more years of service shall qualify for an annual state trooper longevity bonus of $15,000 on the employee's anniversary date of state employment, which shall be paid in four equal quarterly payments.
(2) An eligible commissioned employee who completed 26 or more years of service before July 1, 2024, and who has been continuously employed by the Washington state patrol for at least one year as of April 25, 2025, qualifies for a one-time retention incentive. The incentive is equal to $3,750 multiplied by the result when one is subtracted from the number of the fiscal quarter in which the employee's anniversary date falls. The one-time retention incentive shall be completed no later than June 30, 2025.
(3) The establishment of the state trooper longevity bonus is subject to a change to the applicable collective bargaining agreements negotiated with the exclusive bargaining representatives.
(4) This section does not interfere with, impede, or in any way diminish the right of the officers of the Washington state patrol to bargain collectively with the state through the exclusive bargaining representatives as provided for in RCW 41.56.560.
(5) The state patrol longevity bonus created in this section is a time-limited incentive targeted at retaining senior personnel and is not intended to be included in salary or average final salary for calculation of pension benefits in this chapter.
(6) The benefits provided pursuant to chapter 237, Laws of 2024 are not provided to employees as a matter of contractual right. The legislature retains the right to alter or abolish these benefits at any time.
(7) Beginning July 15, 2024, and every three months thereafter, the Washington state patrol must submit a report showing the average filled positions in field force trooper positions in comparison to the 683 total authorized field force trooper positions in the prior fiscal quarter. The quarterly reports detailed must be submitted to the office of financial management and the transportation committees of the legislature. The authorized field force trooper level as the basis for this comparison may be adjusted as specified in the omnibus transportation appropriations act.
(8) For the purposes of this section:
(a) "Eligible commissioned employee" means a Washington state patrol employee with 26 or more years of service in the Washington state patrol retirement system.
(b) "Number of the fiscal quarter" equals:
(i) One, if the employee's anniversary date falls between July 1st and September 30th, inclusive;
(ii) Two, if the employee's anniversary date falls between October 1st and December 31st, inclusive;
(iii) Three, if the employee's anniversary date falls between January 1st and March 31st, inclusive; and
(iv) Four, if the employee's anniversary date falls between April 1st and June 30th, inclusive.
(9) This section expires June 30, 2029.
[ 2025 c 172 s 1; 2024 c 237 s 2.]
Notes:
Effective date—2025 c 172: "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 [April 25, 2025]." [ 2025 c 172 s 2.]
Performance review—2024 c 237: "(1) By November 1, 2028, the joint legislative audit and review committee must conduct a performance review of the state patrol longevity bonus pilot program. The performance review must evaluate, at minimum:
(a) The program's impact on retention of senior commissioned staff of the state patrol;
(b) The change in vacancies in each of the commissioned staff categories over time;
(c) An evaluation of optimal commissioned staffing levels at the state patrol, including a comparison to other states' field force staffing levels;
(d) A description of other factors that may be impacting retention and vacancy rates; and
(e) Recommendations for addressing state patrol staffing levels, which must include whether to continue the state patrol longevity bonus program.
(2) This section expires June 30, 2029." [ 2024 c 237 s 4.]
Findings—Intent—2024 c 237: "The legislature finds that the Washington state patrol has made strides in its efforts to recruit new troopers and address the unprecedented levels of vacancies within its ranks. The legislature has supported those efforts by providing sign-on bonuses for cadets and lateral hires, retention bonuses for new troopers and lateral hires, and requiring parity of trooper salaries relative to other law enforcement agencies in the state of Washington. The legislature further finds that trooper and sergeant vacancies diminish the staff available to advance up through the ranks of commissioned staff to build the leadership team for the organization. The legislature further finds that increases in retirement-eligible staff, with 122 commissioned staff expected to have 25 years of service or more in 2024, means that more needs to be done in the near term to ensure the success of efforts to rebuild the commissioned ranks of the state patrol. Therefore, the legislature intends to strengthen the Washington state patrol's ability to retain senior, experienced commissioned staff with the establishment of a state patrol longevity bonus pilot program." [ 2024 c 237 s 1.]

catchline: Annual longevity bonus. (Expires June 30, 2029.)


title: RCW 43.43.390

text:
Bicycling is increasing in popularity as a form of recreation and as an alternative mode of transportation. To make bicycling safer, the various law enforcement agencies should enforce traffic regulations for bicyclists. By enforcing bicycle regulations, law enforcement officers are reinforcing educational programs. Bicycling takes more skill than most people realize. Since bicyclists have a low profile in traffic and are unprotected, they need more defensive riding skills than motorists do.
A bicycle awareness program is created within the Washington state patrol. In developing the curriculum for the bicycle awareness program the patrol shall consult with the traffic safety commission and with bicycling groups providing bicycle safety education. The patrol shall conduct the program in conjunction with the safety education officer program and may use other law enforcement personnel and volunteers to implement the program for children in grades kindergarten through six. The patrol shall ensure that each safety educator presenting the bicycle awareness program has received specialized training in bicycle safety education and has been trained in effective defensive bicycle riding skills.
[ 1991 c 214 s 1.]
Notes:
Bicycle transportation management program: RCW 47.04.190.

catchline: Bicycle awareness program—Generally.


title: RCW 43.43.395

text:
(1) The state patrol shall by rule provide standards for the certification, installation, repair, maintenance, monitoring, inspection, and removal of ignition interlock devices, as defined under RCW 46.04.215, and equipment as outlined under this section, and may inspect the records and equipment of manufacturers and vendors during regular business hours for compliance with statutes and rules and may suspend or revoke certification for any noncompliance.
(2)(a) When a certified service provider or individual installer of ignition interlock devices is found to be out of compliance, the installation privileges of that certified service provider or individual installer may be suspended or revoked until the certified service provider or individual installer comes into compliance. During any suspension or revocation period, the certified service provider or individual installer is responsible for notifying affected customers of any changes in their service agreement.
(b) A certified service provider or individual installer whose certification is suspended or revoked for noncompliance has a right to an administrative hearing under chapter 34.05 RCW to contest the suspension or revocation, or both. For the administrative hearing, the procedure and rules of evidence are as specified in chapter 34.05 RCW, except as otherwise provided in this chapter. Any request for an administrative hearing must be made in writing and must be received by the state patrol within twenty days after the receipt of the notice of suspension or revocation.
(3)(a) An ignition interlock device must employ:
(i) Fuel cell technology. For the purposes of this subsection, "fuel cell technology" consists of the following electrochemical method: An electrolyte designed to oxidize the alcohol and release electrons to be collected by an active electrode; a current flow is generated within the electrode proportional to the amount of alcohol oxidized on the fuel cell surface; and the electrical current is measured and reported as breath alcohol concentration. Fuel cell technology is highly specific for alcohols;
(ii) Technology capable of taking a photo identification of the user giving the breath sample and recording on the photo the time the breath sample was given; and
(iii) Technology capable of providing the global positioning coordinates at the time of each test sequence. Such coordinates must be displayed within the data log that is downloaded by the manufacturer and must be made available to the state patrol to be used for circumvention and tampering investigations.
(b) To be certified, an ignition interlock device must:
(i) Meet or exceed the minimum test standards according to rules adopted by the state patrol. Only a notarized statement from a laboratory that is accredited and certified under the current edition of ISO (the international organization of standardization) 17025 standard for testing and calibration laboratories and is capable of performing the tests specified will be accepted as proof of meeting or exceeding the standards. The notarized statement must include the name and signature of the person in charge of the tests under the certification statement. The state patrol must adopt by rule the required language of the certification statement that must, at a minimum, outline that the testing meets or exceeds all specifications listed in the federal register adopted in rule by the state patrol; and
(ii) Be maintained in accordance with the rules and standards adopted by the state patrol.
[ 2015 2nd sp.s. c 3 s 11; 2013 2nd sp.s. c 35 s 9; 2012 c 183 s 16; 2010 c 268 s 2.]
Notes:
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Effective date—2012 c 183: See note following RCW 9.94A.475.


title: RCW 43.43.3952

text:
(1) Any officer conducting field inspections of ignition interlock devices under the ignition interlock program shall report violations by program participants to the court.
(2) The Washington state patrol may not be held liable for any damages resulting from any act or omission in conducting activities under the ignition interlock program, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
[ 2013 2nd sp.s. c 35 s 35.]

catchline: Ignition interlock devices—Officer required to report violations—Liability.


title: RCW 43.43.396

text:
(1) As part of the state patrol's authority to provide standards for certification, installation, repair, maintenance, monitoring, inspection, and removal of ignition interlock devices, the state patrol shall by rule establish a fee schedule and collect fees from ignition interlock manufacturers, technicians, providers, and persons required under RCW 46.20.385, 46.20.720, and 46.61.5055 to install an ignition interlock device in all vehicles owned or operated by the person. At a minimum, the fees must be set at a level necessary to support effective performance of the duties identified in this section. The state patrol must report back to the transportation committees of the legislature and the office of financial management by December 1st of each year on the level of the fees that have been adopted and whether those fees are sufficient to cover the cost of performing the duties listed in this section.
(2) Fees collected under this section must be deposited into the highway safety account [fund] to be used solely to fund the Washington state patrol impaired driving section projects.
[ 2012 c 183 s 15.]
Notes:
Effective date—2012 c 183: See note following RCW 9.94A.475.

catchline: Ignition interlock devices—Fee schedule and fee collection—Report—Fee deposit.


title: RCW 43.43.400

text:
(1) Money in the aquatic invasive species management account created in RCW 77.135.200 may be used by the Washington state patrol for aquatic invasive species inspection training and to inspect for the presence of aquatic invasive species on aquatic conveyances that are required to stop at a Washington state patrol port of entry weigh station.
(2) Unless the context clearly requires otherwise, the definitions in both RCW 77.08.010 and 77.135.010 apply throughout this section.
[ 2017 3rd sp.s. c 17 s 102; 2014 c 202 s 306; 2011 c 171 s 8; 2011 c 169 s 3; 2007 c 350 s 1; 2005 c 464 s 5.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Findings—Intent—2005 c 464: See note following RCW 88.02.560.

catchline: Aquatic invasive species inspection and training.


title: RCW 43.43.480

text:
(1) Beginning May 1, 2000, the Washington state patrol shall collect the following information:
(a) The number of individuals stopped for routine traffic enforcement, whether or not a citation or warning was issued;
(b) Identifying characteristics of the individual stopped, including the race or ethnicity, approximate age, and gender;
(c) The nature of the alleged violation that led to the stop;
(d) Whether a search was instituted as a result of the stop; and
(e) Whether an arrest was made, or a written citation issued, as a result of either the stop or the search.
(2) The criminal justice training commission and the Washington state patrol shall compile the information required under subsection (1) of this section and make a report to the legislature no later than December 1, 2000.
[ 2016 c 197 s 3; 2000 c 118 s 1.]
Notes:
Effective date—2000 c 118: "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 [March 24, 2000]." [ 2000 c 118 s 4.]

catchline: Routine traffic enforcement information.


title: RCW 43.43.490

text:
(1) The Washington state patrol shall work with the criminal justice training commission and the Washington association of sheriffs and police chiefs to develop (a) further criteria for collection and evaluation of the data collected under RCW 43.43.480, and (b) training materials for use by the state patrol and local law enforcement agencies on the issue of racial profiling.
(2) The Washington state patrol, criminal justice training commission, and Washington association of sheriffs and police chiefs shall encourage local law enforcement agencies to voluntarily collect the data set forth under RCW 43.43.480(1).
[ 2000 c 118 s 2.]
Notes:
Effective date—2000 c 118: See note following RCW 43.43.480.

catchline: Routine traffic enforcement information—Data collection—Training materials on racial profiling.


title: RCW 43.43.500

text:
There is established the Washington state crime information center to be located in the records division of the Washington state patrol and to function under the direction of the chief of the Washington state patrol. The center shall serve to coordinate crime information, by means of data processing, for all law enforcement agencies in the state. It shall make such use of the facilities of the law enforcement teletype system as is practical. It shall provide access to the national crime information center, to motor vehicle and driver license information, to the sex offender central registry, and to such other public records as may be accessed by data processing and which are pertinent to law enforcement.
[ 1998 c 67 s 1; 1967 ex.s. c 27 s 1.]
Notes:
Effective date—1998 c 67: "This act takes effect June 30, 1999." [ 1998 c 67 s 3.]


title: RCW 43.43.510

text:
(1) As soon as is practical and feasible there shall be established, by means of data processing, files listing stolen and wanted vehicles, outstanding warrants, identifying children whose parents, custodians, or legal guardians have reported as having run away from home or the custodial residence, identifiable stolen property, files maintaining the central registry of sex offenders required to register under chapter 9A.44 RCW, and such other files as may be of general assistance to law enforcement agencies.
(2)(a) At the request of a parent, legal custodian, or guardian who has reported a child as having run away from home or the custodial residence, the Washington state patrol shall make the information about the runaway child as is filed in subsection (1) of this section publicly available.
(b) The information that can be made publicly available under (a) of this subsection is limited to information that will facilitate the safe return of the child to his or her home or custodial residence and so long as making the information publicly available incurs no additional costs.
[ 2013 c 4 s 4; 2010 c 229 s 4; 1998 c 67 s 2; 1995 c 312 s 45; 1967 ex.s. c 27 s 2.]
Notes:
Findings—2010 c 229: See note following RCW 13.32A.082.
Effective date—1998 c 67: See note following RCW 43.43.500.
Short title—1995 c 312: See note following RCW 13.32A.010.

catchline: Crime information center—Files of general assistance to law enforcement agencies established—Runaway children—Information publicly available.


title: RCW 43.43.530

text:
The cost of additional terminal facilities necessary to gain access to the Washington state crime information center shall be borne by the respective agencies operating the terminal facilities.
[ 1967 ex.s. c 27 s 4.]

catchline: Crime information center—Cost of terminal facilities.


title: RCW 43.43.540

text:
(1) The county sheriff shall forward registration information, photographs, and fingerprints obtained pursuant to RCW 9A.44.130, including the sex offender's risk level classification and any notice of change of address, to the Washington state patrol within five working days.
(2) Upon implementation of RCW 4.24.550(5)(a), the Washington state patrol shall maintain a central registry of sex offenders and kidnapping offenders required to register under RCW 9A.44.130 and shall adopt rules consistent with chapters 10.97, 10.98, and 43.43 RCW as are necessary to carry out the purposes of RCW 9A.44.130, 9A.44.140, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330. The Washington state patrol shall reimburse the counties for the costs of processing the offender registration, including taking the offender's fingerprints and photograph.
[ 2011 c 337 s 8; 2006 c 136 s 1; 2002 c 118 s 2; 1998 c 220 s 4; 1997 c 113 s 6; 1990 c 3 s 403.]
Notes:
Reviser's note: The definitions in RCW 9A.44.128 apply to this section.
Conflict with federal requirements—2002 c 118: See note following RCW 4.24.550.
Severability—1998 c 220: See note following RCW 9A.44.130.
Findings—1997 c 113: See note following RCW 4.24.550.
Sex offense and kidnapping offense defined: RCW 9A.44.128.

catchline: Sex offenders and kidnapping offenders—Central registry—Reimbursement to counties.


title: RCW 43.43.545

text:
(1) The Washington state patrol shall create and operate a statewide sexual assault kit tracking system. The Washington state patrol may contract with state or nonstate entities including, but not limited to, private software and technology providers, for the creation, operation, and maintenance of the system.
(2) The statewide sexual assault kit tracking system must:
(a) Track the location and status of sexual assault kits throughout the criminal justice process, including the initial collection in examinations performed at medical facilities, receipt and storage at law enforcement agencies, receipt and analysis at forensic laboratories, and storage and any destruction after completion of analysis;
(b) Designate sexual assault kits as unreported or reported;
(c) Indicate whether a sexual assault kit contains biological materials collected for the purpose of forensic toxicological analysis;
(d) Allow medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, the Washington state patrol bureau of forensic laboratory services, and other entities having custody of sexual assault kits to update and track the status and location of sexual assault kits;
(e) Allow victims of sexual assault to anonymously track or receive updates regarding the status of their sexual assault kits; and
(f) Use electronic technology or technologies allowing continuous access.
(3) The Washington state patrol may use a phased implementation process in order to launch the system and facilitate entry and use of the system for required participants. The Washington state patrol may phase initial participation according to region, volume, or other appropriate classifications. All entities having custody of sexual assault kits shall fully participate in the system no later than June 1, 2018. The Washington state patrol shall submit a report on the current status and plan for launching the system, including the plan for phased implementation, to the joint legislative task force on sexual assault forensic examination best practices, the appropriate committees of the legislature, and the governor no later than January 1, 2017.
(4) The Washington state patrol shall submit a semiannual report on the statewide sexual assault kit tracking system to the joint legislative task force on sexual assault forensic examination best practices, the appropriate committees of the legislature, and the governor. The Washington state patrol may publish the current report on its website. The first report is due July 31, 2018, and subsequent reports are due January 31st and July 31st of each year. The report must include the following:
(a) The total number of sexual assault kits in the system statewide and by jurisdiction;
(b) The total and semiannual number of sexual assault kits where forensic analysis has been completed statewide and by jurisdiction;
(c) The number of sexual assault kits added to the system in the reporting period statewide and by jurisdiction;
(d) The total and semiannual number of sexual assault kits where forensic analysis has been requested but not completed statewide and by jurisdiction;
(e) The average and median length of time for sexual assault kits to be submitted for forensic analysis after being added to the system, including separate sets of data for all sexual assault kits in the system statewide and by jurisdiction and for sexual assault kits added to the system in the reporting period statewide and by jurisdiction;
(f) The average and median length of time for forensic analysis to be completed on sexual assault kits after being submitted for analysis, including separate sets of data for all sexual assault kits in the system statewide and by jurisdiction and for sexual assault kits added to the system in the reporting period statewide and by jurisdiction;
(g) The total and semiannual number of sexual assault kits destroyed or removed from the system statewide and by jurisdiction;
(h) The total number of sexual assault kits, statewide and by jurisdiction, where forensic analysis has not been completed and six months or more have passed since those sexual assault kits were added to the system; and
(i) The total number of sexual assault kits, statewide and by jurisdiction, where forensic analysis has not been completed and one year or more has passed since those sexual assault kits were added to the system.
(5) For the purpose of reports under subsection (4) of this section, a sexual assault kit must be assigned to the jurisdiction associated with the law enforcement agency anticipated to receive the sexual assault kit or otherwise having custody of the sexual assault kit.
(6) Any public agency or entity, including its officials and employees, and any hospital and its employees providing services to victims of sexual assault may not be held civilly liable for damages arising from any release of information or the failure to release information related to the statewide sexual assault kit tracking system, so long as the release was without gross negligence.
(7) The Washington state patrol shall adopt rules as necessary to implement this section.
(8) For the purposes of this section:
(a) "Reported sexual assault kit" means a sexual assault kit where a law enforcement agency has received a related report or complaint alleging a sexual assault or other crime has occurred;
(b) "Sexual assault kit" includes all evidence collected during a sexual assault medical forensic examination; and
(c) "Unreported sexual assault kit" means a sexual assault kit where a law enforcement agency has not received a related report or complaint alleging a sexual assault or other crime has occurred.
[ 2020 c 26 s 6; 2019 c 93 s 4; 2016 c 173 s 2.]
Notes:
Intent—2020 c 26: See note following RCW 63.21.090.
Finding—Intent—2016 c 173: "The legislature recognizes the deep pain and suffering experienced by victims of sexual assault. Sexual assault is an extreme violation of a person's body and sense of self and safety. Sexual violence is a pervasive social problem. National studies indicate that approximately one in four women will be sexually assaulted in their lifetimes. Survivors often turn to hospitals and local law enforcement for help, and many volunteer to have professionals collect a sexual assault kit to preserve physical evidence from their bodies. The process of collecting a sexual assault kit is extremely invasive and difficult.
The legislature finds that, when forensic analysis is completed, the biological evidence contained inside sexual assault kits can be an incredibly powerful tool for law enforcement to solve and prevent crime. Forensic analysis of all sexual assault kits sends a message to survivors that they matter. It sends a message to perpetrators that they will be held accountable for their crimes. The legislature is committed to bringing healing and justice to survivors of sexual assault.
The legislature recognizes the laudable and successful efforts of law enforcement in the utilization of forensic analysis of sexual assault kits in the investigation and prosecution of crimes in Washington state. In 2015, the legislature enhanced utilization of this tool by requiring the preservation and forensic analysis of sexual assault kits. The legislature intends to continue building on its efforts through the establishment of the statewide sexual assault kit tracking system. The system will be designed to track all sexual assault kits in Washington state, regardless of when they were collected, in order to further empower survivors with information, assist law enforcement with investigations and crime prevention, and create transparency and foster public trust." [ 2016 c 173 s 1.]

catchline: Statewide sexual assault kit tracking system.


title: RCW 43.43.546

text:
The Washington state patrol bureau of forensic laboratory services shall participate in the statewide sexual assault kit tracking system established in RCW 43.43.545 for the purpose of tracking the status of all sexual assault kits in the custody of the Washington state patrol and other entities contracting with the Washington state patrol. The Washington state patrol bureau of forensic laboratory services shall begin full participation in the system according to the implementation schedule established by the Washington state patrol.
[ 2016 c 173 s 5.]
Notes:
Finding—Intent—2016 c 173: See note following RCW 43.43.545.

catchline: Statewide sexual assault kit tracking system—Participation by bureau of forensic laboratory services.


title: RCW 43.43.550

text:
(1) The chief of the Washington state patrol shall designate twenty-four or more officers as traffic safety education officers. The chief of the Washington state patrol shall make the designations in a manner designed to ensure that the programs under subsection (2) of this section are reasonably available in all areas of the state.
(2) The chief of the Washington state patrol may permit these traffic safety education officers to appear in their off-duty hours in uniform to give programs in schools or the community on the duties of the state patrol, traffic safety, or crime prevention.
(3) The traffic safety education officers may accept such pay and reimbursement of expenses as are approved by the state patrol from the sponsoring organization.
(4) The state patrol is encouraged to work with community organizations to set up these programs statewide.
[ 1984 c 217 s 1.]

catchline: Traffic safety education officers—Powers—Pay and reimbursement.


title: RCW 43.43.560

text:
(1) To support criminal justice services in the local communities throughout this state, the state patrol shall develop a plan for and implement an automatic fingerprint information system. In implementing the automatic fingerprint information system, the state patrol shall either purchase or lease the appropriate computer systems. If the state patrol leases a system, the lease agreement shall include purchase options. The state patrol shall procure the most efficient system available.
(2) The state patrol shall report on the automatic fingerprint information system to the legislature no later than January 1, 1987. The report shall include a time line 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.
[ 1986 c 196 s 1.]

catchline: Automatic fingerprint information system—Report.


title: RCW 43.43.570

text:
(1) No local law enforcement agency may establish or operate an automatic fingerprint identification system unless both the hardware and software of the local system use an interface compatible with the state system under RCW 43.43.560. The local law enforcement agency shall be able to transmit a tenprint record to the state system through any available protocol which meets accepted industry standards, and the state system must be able to accept tenprint records which comply with those requirements. When industry transmission protocols change, the Washington state patrol shall incorporate these new standards as funding and reasonable system engineering practices permit. The tenprint transmission from any local law enforcement agency must be in accordance with the current version of the state electronic fingerprint transmission specification.
(2) No later than January 1, 2007, the Washington state patrol's automatic fingerprint identification system shall be capable of instantly accepting electronic latent search records from any Washington state local law enforcement agency. *If specific funding for the purposes of this subsection is not provided by June 30, 2006, in the omnibus appropriations act, or if funding is not obtained from another source by June 30, 2006, this subsection is null and void.
(3) A local law enforcement agency operating an automatic fingerprint identification system shall transmit data on fingerprint entries to the Washington state patrol electronically. This requirement shall be in addition to those under RCW 10.98.050 and 43.43.740.
(4) Any personnel functions necessary to prepare fingerprints for searches under this section shall be the responsibility of the submitting agency.
(5) The Washington state patrol shall adopt rules to implement this section.
[ 2005 c 373 s 2; 1987 c 450 s 1.]
Notes:
*Reviser's note: Specific funding was not provided in chapter 518, Laws of 2005 (omnibus appropriations act).

catchline: Automatic fingerprint identification system—Conditions for local establishment or operation—Rules.


title: RCW 43.43.575

text:
The Washington state patrol shall establish a program to provide certifications for firearms safety training programs that meet the requirements of RCW 9.41.070 and 9.41.1132, and to require certified firearms safety programs to apply for recertification every five years. The Washington state patrol shall develop the form and manner of documentation for applicants for permits to purchase firearms to provide proof of completion of a certified firearms safety training program, for concealed pistol license applicants to provide proof of completion of a certified concealed carry firearms safety training program, and for use as proof of qualifying for an exemption from the firearms safety training requirement or concealed carry firearms safety training requirement.
[ 2025 c 370 s 4.]
Notes:
Application—2025 c 370 ss 2, 4, and 5: See note following RCW 9.41.121.
Effective date—2025 c 370: See note following RCW 9.41.090.

catchline: Firearms safety training program. (Effective May 1, 2027.)


title: RCW 43.43.580

text:
(1) The Washington state patrol shall establish a firearms background check program to serve as a centralized single point of contact for dealers to conduct background checks for firearms sales or transfers required under chapter 9.41 RCW and the federal Brady handgun violence prevention act (18 U.S.C. Sec. 921 et seq.). The Washington state patrol shall establish an automated firearms background check system to conduct background checks on applicants for the purchase or transfer of a firearm. The system must include the following characteristics:
(a) Allow a dealer to contact the Washington state patrol through a web portal or other electronic means and by telephone to request a background check of an applicant for the purchase or transfer of a firearm;
(b) Provide a dealer with a notification that a firearm purchase or transfer application has been received;
(c) Assign a unique identifier to the background check inquiry;
(d) Provide an automated response to the dealer indicating whether the transfer may proceed or is denied, or that the check is indeterminate and will require further investigation;
(e) Include measures to ensure data integrity and the confidentiality and security of all records and data transmitted and received by the system; and
(f) Include a performance metrics tracking system to evaluate the performance of the background check system.
(2) Upon receipt of a request from a dealer for a background check in connection with the sale or transfer of a firearm, the Washington state patrol shall:
(a) Provide the dealer with a notification that a firearm transfer application has been received;
(b) Conduct a check of the national instant criminal background check system and the following additional records systems to determine whether the transferee is prohibited from possessing a firearm under state or federal law: (i) The Washington crime information center and Washington state identification system; (ii) the health care authority electronic database; (iii) the federal bureau of investigation national data exchange database and any available repository of statewide local law enforcement record management systems information; (iv) the administrative office of the courts case management system; and (v) other databases or resources as appropriate;
(c) Perform an equivalency analysis on criminal charges in foreign jurisdictions to determine if the applicant has been convicted as defined in RCW 9.41.040(3) and if the offense is equivalent to a Washington felony as defined in RCW 9.41.010;
(d) Notify the dealer without delay that the records indicate the individual is prohibited from possessing a firearm and the transfer is denied or that the individual is approved to complete the transfer. If the results of the background check are indeterminate, the Washington state patrol shall notify the dealer of the delay and conduct necessary research and investigation to resolve the inquiry; and
(e) Provide the dealer with a unique identifier for the inquiry.
(3) The Washington state patrol may hold the delivery of a firearm to an applicant under the circumstances provided in *RCW 9.41.090 (4) and (5).
(4)(a) The Washington state patrol shall require a dealer to charge each firearm purchaser or transferee a fee for performing background checks in connection with firearms transfers. The fee must be set at an amount reasonably calculated to cover the direct and indirect costs to the Washington state patrol incurred in administering the firearm background check program. The Washington state patrol shall transmit the fees collected to the state treasurer for deposit in the state firearms background check system account created in RCW 43.43.590. It is the intent of the legislature that once the state firearm background check system is established, the fee established in this section will replace the fee required in *RCW 9.41.090(7).
(b) The background check fee required under this subsection does not apply to any background check conducted in connection with a pawnbroker's receipt of a pawned firearm or the redemption of a pawned firearm.
(5) The Washington state patrol shall establish a procedure for a person who has been denied a firearms transfer as the result of a background check to appeal the denial to the Washington state patrol and to obtain information on the basis for the denial and procedures to review and correct any erroneous records that led to the denial.
(6) The Washington state patrol shall work with the administrative office of the courts to build a link between the firearm background check system and the administrative office of the courts case management system for the purpose of accessing court records to determine a person's eligibility to possess a firearm.
(7) Upon establishment of the firearm background check system under this section, the Washington state patrol shall notify each dealer in the state of the existence of the system, and the dealer must use the system to conduct background checks for firearm sales or transfers beginning on the date that is thirty days after issuance of the notification.
(8) The Washington state patrol shall consult with the Washington background check advisory board created in RCW 43.43.585 in carrying out its duties under this section.
(9) No later than July 1, 2025, and annually thereafter, the Washington state patrol firearms background check program shall report to the appropriate committees of the legislature the average time between receipt of request for a background check and final decision.
(10) All records and information prepared, obtained, used, or retained by the Washington state patrol in connection with a request for a firearm background check are exempt from public inspection and copying under chapter 42.56 RCW.
(11) The Washington state patrol may adopt rules necessary to carry out the purposes of this section.
(12) For the purposes of this section, "dealer" has the same meaning as given in RCW 9.41.010.
[ 2026 c 100 s 1; 2024 c 289 s 7; 2022 c 105 s 7; 2020 c 28 s 1.]
Notes:
*Reviser's note: RCW 9.41.090 was amended by 2023 c 161 s 1, deleting subsections (4), (5), and (7).
Expiration date—2026 c 100 s 1: "Section 1 of this act expires May 1, 2027." [ 2026 c 100 s 3.]
Effective date—2024 c 289: See note following RCW 9.41.111.
Effective date—2022 c 105: See note following RCW 7.80.120.
PDF
RCW 43.43.580
Firearms background check program—Automated firearms background check system—Fee. (Effective May 1, 2027.)
(1) The Washington state patrol shall establish a firearms background check program to serve as a centralized single point of contact for dealers to conduct background checks for firearms sales or transfers required under chapter 9.41 RCW and the federal Brady handgun violence prevention act (18 U.S.C. Sec. 921 et seq.). The Washington state patrol shall establish an automated firearms background check system to conduct background checks on applicants for the purchase or transfer of a firearm. The system must include the following characteristics:
(a) Allow a dealer to contact the Washington state patrol through a web portal or other electronic means and by telephone to request a background check of an applicant for the purchase or transfer of a firearm;
(b) Provide a dealer with a notification that a firearm purchase or transfer application has been received;
(c) Assign a unique identifier to the background check inquiry;
(d) Provide an automated response to the dealer indicating whether the transfer may proceed or is denied, or that the check is indeterminate and will require further investigation;
(e) Include measures to ensure data integrity and the confidentiality and security of all records and data transmitted and received by the system; and
(f) Include a performance metrics tracking system to evaluate the performance of the background check system.
(2) Upon receipt of a request from a dealer for a background check in connection with the sale or transfer of a firearm, the Washington state patrol shall:
(a) Provide the dealer with a notification that a firearm transfer application has been received;
(b) Conduct a check of the national instant criminal background check system and the following additional records systems to determine whether the transferee is prohibited from possessing a firearm under state or federal law: (i) The Washington crime information center and Washington state identification system; (ii) the health care authority electronic database; (iii) the federal bureau of investigation national data exchange database and any available repository of statewide local law enforcement record management systems information; (iv) the administrative office of the courts case management system; and (v) other databases or resources as appropriate;
(c) Perform an equivalency analysis on criminal charges in foreign jurisdictions to determine if the applicant has been convicted as defined in RCW 9.41.040(3) and if the offense is equivalent to a Washington felony as defined in RCW 9.41.010;
(d) Notify the dealer without delay that the records indicate the individual is prohibited from possessing a firearm and the transfer is denied or that the individual is approved to complete the transfer. If the results of the background check are indeterminate, the Washington state patrol shall notify the dealer of the delay and conduct necessary research and investigation to resolve the inquiry; and
(e) Provide the dealer with a unique identifier for the inquiry.
(3) The Washington state patrol may hold the delivery of a firearm to an applicant under the circumstances provided in RCW 9.41.090(3).
(4)(a) The Washington state patrol shall require a dealer to charge each firearm purchaser or transferee a fee for performing background checks in connection with firearms transfers. The fee must be set at an amount reasonably calculated to cover the direct and indirect costs to the Washington state patrol incurred in administering the firearm background check program. The Washington state patrol shall transmit the fees collected to the state treasurer for deposit in the state firearms background check system account created in RCW 43.43.590.
(b) The background check fee required under this subsection does not apply to any background check conducted in connection with a pawnbroker's receipt of a pawned firearm or the redemption of a pawned firearm.
(5) The Washington state patrol shall establish a procedure for a person who has been denied a firearms transfer as the result of a background check to appeal the denial to the Washington state patrol and to obtain information on the basis for the denial and procedures to review and correct any erroneous records that led to the denial.
(6) The Washington state patrol shall work with the administrative office of the courts to build a link between the firearm background check system and the administrative office of the courts case management system for the purpose of accessing court records to determine a person's eligibility to possess a firearm.
(7) Upon establishment of the firearm background check system under this section, the Washington state patrol shall notify each dealer in the state of the existence of the system, and the dealer must use the system to conduct background checks for firearm sales or transfers beginning on the date that is thirty days after issuance of the notification.
(8) The Washington state patrol shall consult with the Washington background check advisory board created in RCW 43.43.585 in carrying out its duties under this section.
(9) No later than July 1, 2025, and annually thereafter, the Washington state patrol firearms background check program shall report to the appropriate committees of the legislature the average time between receipt of request for a background check and final decision.
(10) All records and information prepared, obtained, used, or retained by the Washington state patrol in connection with a request for a firearm background check are exempt from public inspection and copying under chapter 42.56 RCW.
(11) The Washington state patrol may adopt rules necessary to carry out the purposes of this section.
(12) For the purposes of this section, "dealer" has the same meaning as given in RCW 9.41.010.
[ 2026 c 100 s 2; 2025 c 370 s 17; 2024 c 289 s 7; 2022 c 105 s 7; 2020 c 28 s 1.]
Notes:
Effective date—2026 c 100 s 2: "Section 2 of this act takes effect May 1, 2027." [ 2026 c 100 s 4.]
Effective date—2025 c 370: See note following RCW 9.41.090.
Effective date—2024 c 289: See note following RCW 9.41.111.
Effective date—2022 c 105: See note following RCW 7.80.120.

catchline: Firearms background check program—Automated firearms background check system—Fee. (Effective until May 1, 2027.)


title: RCW 43.43.585

text:
(1) There is created the Washington background check advisory board. The board shall consist of the following members, appointed by the governor:
(a) The chief of the Washington state patrol or the chief's designee;
(b) The executive director of the Washington association of sheriffs and police chiefs or the executive director's designee;
(c) One sheriff;
(d) One police chief;
(e) One person engaged in the business of lawfully selling firearms at retail in this state who holds a federal firearms license under 18 U.S.C. Sec. 923(a); and
(f) One member of the general public.
(2) The primary purpose of the board is to ensure that the Washington state patrol *firearms background check unit established in RCW 43.43.580 is administered efficiently and effectively, and in a manner that honors individual firearms rights while preventing prohibited persons from obtaining firearms.
(3) The board shall initially convene within ninety days of June 11, 2020, and shall meet not less than monthly until such time that the Washington state patrol deems the *firearms background check unit is operational. After the Washington state patrol deems the *firearms background check unit is operational, the board shall meet quarterly, unless the board has no business to conduct during that quarter.
(4) The board shall elect from among its membership a chairperson and other such officers from among its membership as it deems appropriate.
(5) Members of the board shall serve terms of four years each on a staggered schedule to be established by the first board. For purposes of initiating a staggered schedule of terms, some members of the first board may initially serve two years and some members may initially serve four years.
(6) The board shall:
(a) Provide input and feedback regarding the establishment and operation of the *firearms background check unit established in RCW 43.43.580;
(b) Provide input on the development of the *firearms background check unit budget prior to its formal submission to the office of financial management pursuant to RCW 43.88.030;
(c) Be consulted with prior to the proposal of any rule relating to the *firearms background check unit and prior to the adoption of any rule relating to the *firearms background check unit;
(d) Require reports from the chief of the Washington state patrol on matters pertaining to the *firearms background check unit; and
(e) Report to the governor and appropriate committees of the legislature on or before December 31st of each year on the activities of the board and the *firearms background check unit for the preceding fiscal year.
(7) Members of the board shall serve without compensation, but shall be reimbursed for travel expenses pursuant to RCW 43.03.050 and 43.03.060.
(8) The Washington state patrol shall provide the staffing and budgetary resources necessary for the board to properly fulfill its duties.
(9) Members serving in their official capacity on the Washington background check advisory board, or either their employer or employers or other entity that selected the members to serve, are immune from a civil action based on an act performed in good faith.
[ 2020 c 28 s 2.]
Notes:
*Reviser's note: The "firearms background check unit" was changed to the "firearms background check program" by 2024 c 289 s 7.


title: RCW 43.43.590

text:
The state firearms background check system account is created in the custody of the state treasurer. All receipts under RCW 43.43.580 must be deposited into the account. Expenditures from the account may be used only for the creation, operation, and maintenance of the automated firearms background check system under RCW 43.43.580. 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.
[ 2020 c 28 s 3.]
PDF
RCW 43.43.590
State firearms background check system account. (Effective May 1, 2027.)
The state firearms background check system account is created in the custody of the state treasurer. All receipts under RCW 43.43.580 and 9.41.121 must be deposited into the account. Expenditures from the account may be used only for the creation, operation, and maintenance of the automated firearms background check system under RCW 43.43.580, and for costs incurred in establishing and administering the permit to purchase firearms program under RCW 9.41.121. 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. The account must provide reimbursement of any amounts appropriated for the purposes of initial establishment of the permit to purchase firearms program by June 30, 2029.
[ 2025 c 370 s 5; 2020 c 28 s 3.]
Notes:
Application—2025 c 370 ss 2, 4, and 5: See note following RCW 9.41.121.
Effective date—2025 c 370: See note following RCW 9.41.090.

catchline: State firearms background check system account. (Effective until May 1, 2027.)


title: RCW 43.43.600

text:
There is hereby created in the Washington state patrol a drug control assistance unit.
[ 1970 ex.s. c 63 s 1.]

catchline: Drug control assistance unit—Created.


title: RCW 43.43.610

text:
The drug control assistance unit shall provide investigative assistance for the purpose of enforcement of the provisions of chapter 69.40 RCW.
[ 1983 c 3 s 107; 1980 c 69 s 1; 1970 ex.s. c 63 s 2.]

catchline: Drug control assistance unit—Duties.


title: RCW 43.43.620

text:
The drug control assistance unit shall:
(1) Establish a record system to coordinate with all law enforcement agencies in the state a comprehensive system of information concerning violations of the narcotic and drug laws.
(2) Provide a communications network capable of interconnecting all offices and investigators of the unit.
[ 1970 ex.s. c 63 s 3.]

catchline: Drug control assistance unit—Additional duties—Information system on violations—Inter-unit communications network.


title: RCW 43.43.630

text:
In order to maximize the efficiency and effectiveness of state resources, the drug control assistance unit shall, where feasible, use existing facilities and systems.
[ 1970 ex.s. c 63 s 4.]

catchline: Drug control assistance unit—Use of existing facilities and systems.


title: RCW 43.43.640

text:
Any investigators employed pursuant to RCW 43.43.610 shall be exempt from the state civil service act, chapter 41.06 RCW.
[ 1980 c 69 s 3; 1970 ex.s. c 63 s 5.]

catchline: Drug control assistance unit—Certain investigators exempt from state civil service act.


title: RCW 43.43.650

text:
The chief of the Washington state patrol may employ such criminalists, chemists, clerical and other personnel as are necessary for the conduct of the affairs of the drug control assistance unit.
[ 1970 ex.s. c 63 s 6.]

catchline: Drug control assistance unit—Employment of necessary personnel.


title: RCW 43.43.655

text:
A special narcotics enforcement unit is established within the Washington state patrol drug control assistance unit. The unit shall be coordinated between the Washington state patrol, the attorney general, and the Washington association of sheriffs and police chiefs. The initial unit shall consist of attorneys, investigators, and the necessary accountants and support staff. It is the responsibility of the unit to: (1) Conduct criminal narcotic profiteering investigations and assist with prosecutions, (2) train local undercover narcotic agents, and (3) coordinate federal, state, and local interjurisdictional narcotic investigations.
[ 1989 c 271 s 235.]
Notes:
Severability—1989 c 271: See note following RCW 9.94A.510.

catchline: Drug control assistance unit—Special narcotics enforcement unit.


title: RCW 43.43.670

text:
(1) There is created in the Washington state patrol a bureau of forensic laboratory services system which is authorized to:
(a) Provide laboratory services for the purpose of analyzing and scientifically handling any physical evidence relating to any crime.
(b) Provide training assistance for local law enforcement personnel.
(c) Provide all necessary toxicology services requested by all coroners, medical examiners, and prosecuting attorneys.
(2) The bureau of forensic laboratory services shall assign priority to a request for services with due regard to whether the case involves criminal activity against persons. The Washington state forensic investigations council shall assist the bureau of forensic laboratory services in devising policies to promote the most efficient use of laboratory services consistent with this section. The forensic investigations council shall be actively involved in the preparation of the bureau of forensic laboratory services budget and shall approve the bureau of forensic laboratory services budget prior to its formal submission by the state patrol to the office of financial management pursuant to RCW 43.88.030.
[ 1999 c 40 s 6; 1995 c 398 s 1; 1980 c 69 s 2.]
Notes:
Effective date—1999 c 40: See note following RCW 43.103.010.

catchline: Bureau of forensic laboratory services—Powers—Priorities.


title: RCW 43.43.672

text:
Subject to the availability of funds appropriated for this specific purpose, the Washington state patrol bureau of forensic laboratory services shall aim to complete the necessary analysis for any evidence submitted for a suspected violation of RCW 69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) within 45 days of receipt of the request for analysis.
The Washington state patrol bureau of forensic laboratory services' failure to comply with this section shall not constitute grounds for dismissal of a criminal charge.
[ 2023 sp.s. c 1 s 6.]
Notes:
Effective date—2023 sp.s. c 1 s 6: "Section 6 of this act takes effect January 1, 2025." [ 2023 sp.s. c 1 s 40.]

catchline: Bureau of forensic laboratory services—Drug evidence analysis.


title: RCW 43.43.680

text:
(1) In all prosecutions involving the analysis of a controlled substance or a sample of a controlled substance by the crime laboratory system of the state patrol, a certified copy of the analytical report signed by the supervisor of the state patrol's crime laboratory or the forensic scientist conducting the analysis is prima facie evidence of the results of the analytical findings.
(2) The defendant or a prosecutor may subpoena the forensic scientist who conducted the analysis of the substance to testify at the preliminary hearing and trial of the issue at no cost to the defendant, if the subpoena is issued at least ten days prior to the trial date.
(3) In all prosecutions involving the analysis of a certified simulator solution by the Washington state toxicology laboratory of the University of Washington, a certified copy of the analytical report signed by the state toxicologist or the toxicologist conducting the analysis is prima facie evidence of the results of the analytical findings, and of certification of the simulator solution used in the BAC verifier datamaster or any other alcohol/breath-testing equipment subsequently adopted by rule.
(4) The defendant of a prosecution may subpoena the toxicologist who conducted the analysis of the simulator solution to testify at the preliminary hearing and trial of the issue at no cost to the defendant, if thirty days prior to issuing the subpoena the defendant gives the state toxicologist notice of the defendant's intention to require the toxicologist's appearance.
[ 1994 c 271 s 501; 1992 c 129 s 1.]
Notes:
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.

catchline: Controlled substance, simulator solution analysis—Prima facie evidence.


title: RCW 43.43.690

text:
(1) When an adult offender has been adjudged guilty of violating any criminal statute of this state and a crime laboratory analysis was performed by a state crime laboratory, in addition to any other disposition, penalty, or fine imposed, the court shall levy a crime laboratory analysis fee of one hundred dollars for each offense for which the person was convicted. Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay the fee.
(2) All crime laboratory analysis fees assessed under this section shall be collected by the clerk of the court and forwarded to the state general fund, to be used only for crime laboratories. The clerk may retain five dollars to defray the costs of collecting the fees.
[ 2015 c 265 s 30; 1992 c 129 s 2.]
Notes:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.

catchline: Crime laboratory analysis fee—Court imposition—Collection.


title: RCW 43.43.700

text:
There is hereby established within the Washington state patrol a section on identification and criminal history hereafter referred to as the section.
In order to aid the administration of justice the section shall install systems for the identification of individuals, including the fingerprint system and such other systems as the chief deems necessary. The section shall keep a complete record and index of all information received in convenient form for consultation and comparison.
The section shall obtain from whatever source available and file for record the fingerprints, palmprints, photographs, or such other identification data as it deems necessary, of persons who have been or shall hereafter be lawfully arrested and charged with, or convicted of any criminal offense. The section may obtain like information concerning persons arrested for or convicted of crimes under the laws of another state or government.
[ 2006 c 294 s 1; 1998 c 141 s 2; 1989 c 334 s 6; 1987 c 486 s 9; 1985 c 201 s 7; 1984 c 17 s 17; 1972 ex.s. c 152 s 1.]

catchline: Identification and criminal history section.


title: RCW 43.43.705

text:
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 s 2; 1999 c 151 s 1101; 1989 c 334 s 7; 1987 c 486 s 10; 1985 c 201 s 8; 1977 ex.s. c 314 s 14; 1972 ex.s. c 152 s 2.]
Notes:
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.


title: RCW 43.43.710

text:
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 s 13; 1987 c 486 s 11; 1986 c 266 s 87; 1985 c 201 s 9; 1979 ex.s. c 36 s 7. Prior: 1977 ex.s. c 314 s 15; 1977 ex.s. c 30 s 1; 1972 ex.s. c 152 s 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.

catchline: Availability of information.


title: RCW 43.43.715

text:
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 s 3; 1989 c 334 s 8; 1985 c 201 s 10; 1972 ex.s. c 152 s 4.]

catchline: Identification—Cooperation with other criminal justice agencies.


title: RCW 43.43.720

text:
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 s 5.]

catchline: Local identification and records systems—Assistance.


title: RCW 43.43.725

text:
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 s 4; 1985 c 201 s 11; 1972 ex.s. c 152 s 6.]

catchline: Records as evidence.


title: RCW 43.43.730

text:
(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 s 4; 2006 c 294 s 5; 1985 c 201 s 12; 1977 ex.s. c 314 s 16; 1972 ex.s. c 152 s 7.]

catchline: Records—Inspection—Copying—Requests for purge or modification—Appeals.


title: RCW 43.43.735

text:
(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 s 5130; 2006 c 294 s 6; 1991 c 3 s 297. Prior: 1989 c 334 s 9; 1989 c 6 s 2; prior: 1987 c 486 s 12; 1987 c 450 s 2; 1985 c 201 s 13; 1972 ex.s. c 152 s 8.]

catchline: Photographing and fingerprinting—Powers and duties of law enforcement agencies—Other data.


title: RCW 43.43.740

text:
(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 s 7; 1989 c 334 s 10. Prior: 1987 c 486 s 13; 1987 c 450 s 3; 1985 c 201 s 14; 1972 ex.s. c 152 s 9.]

catchline: Photographing and fingerprinting—Transmittal of data.


title: RCW 43.43.742

text:
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 s 4.]

catchline: Submission of fingerprints taken from persons for noncriminal purposes—Fees.


title: RCW 43.43.745

text:
(1) It shall be the duty of the sheriff or director of public safety of every county, of the chief of police of each city or town, or of every chief officer of other law enforcement agencies operating within this state, to record the fingerprints of all persons held in or remanded to their custody when convicted of any crime as provided for in RCW 43.43.735 for which the penalty of imprisonment might be imposed and to disseminate and file such fingerprints in the same manner as those recorded upon arrest pursuant to RCW 43.43.735 and 43.43.740.
(2) Every time the secretary authorizes a furlough as provided for in RCW 72.66.012 the department of corrections shall notify, thirty days prior to the beginning of such furlough, the sheriff or director of public safety of the county to which the prisoner is being furloughed, the nearest Washington state patrol district facility in the county wherein the furloughed prisoner is to be residing, and other similar criminal justice agencies that the named prisoner has been granted a furlough, the place to which furloughed, and the dates and times during which the prisoner will be on furlough status. In the case of an emergency furlough the thirty-day time period shall not be required but notification shall be made as promptly as possible and before the prisoner is released on furlough.
(3) Disposition of the charge for which the arrest was made shall be reported to the section at whatever stage in the proceedings a final disposition occurs by the arresting law enforcement agency, county prosecutor, city attorney, or court having jurisdiction over the offense: PROVIDED, That the chief shall promulgate rules pursuant to chapter 34.05 RCW to carry out the provisions of this subsection.
(4) Whenever a person serving a sentence for a term of confinement in a state correctional facility for convicted felons, pursuant to court commitment, is released on an order of the state indeterminate sentence review board, or is discharged from custody on expiration of sentence, the department of corrections shall promptly notify the sheriff or director of public safety, the nearest Washington state patrol district facility, and other similar criminal justice agencies that the named person has been released or discharged, the place to which such person has been released or discharged, and the conditions of his or her release or discharge.
Local law enforcement agencies shall require persons convicted of sex offenses to register pursuant to RCW 9A.44.130. In addition, nothing in this section shall be construed to prevent any local law enforcement authority from recording the residency and other information concerning any convicted felon or other person convicted of a criminal offense when such information is obtained from a source other than from registration pursuant to RCW 9A.44.130 which source may include any officer or other agency or subdivision of the state.
(5) The existence of the notice requirement in subsection (2) of this section will not require any extension of the release date in the event the release plan changes after notification.
[ 1994 c 129 s 7; 1993 c 24 s 1; 1990 c 3 s 409; 1985 c 346 s 6; 1973 c 20 s 1; 1972 ex.s. c 152 s 10.]
Notes:
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Construction—Prior rules and regulations—1973 c 20: See note following RCW 72.66.010.

catchline: Convicted persons, fingerprinting required, records—Furloughs, information to section, notice to local agencies—Arrests, disposition information—Convicts, information to section, notice to local agencies—Registration of sex offenders.


title: RCW 43.43.750

text:
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 s 5131; 1972 ex.s. c 152 s 11.]

catchline: Use of force to obtain identification information—Liability.


title: RCW 43.43.751

text:
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.

catchline: Biological samples for missing persons investigations.


title: RCW 43.43.752

text:
(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.]

catchline: DNA identification system—Plan—Report.


title: RCW 43.43.753

text:
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.]

catchline: Findings—DNA identification system—DNA database—DNA data bank.


title: RCW 43.43.7532

text:
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.

catchline: DNA identification system—DNA database account.