title: RCW 10.93.070

text:
In addition to any other powers vested by law, a general authority Washington peace officer who possesses a certificate of basic law enforcement training or a certificate of equivalency or has been exempted from the requirement therefor by the Washington state criminal justice training commission may enforce the traffic or criminal laws of this state throughout the territorial bounds of this state, under the following enumerated circumstances:
(1) Upon the prior written consent of the sheriff or chief of police in whose primary territorial jurisdiction the exercise of the powers occurs;
(2) In response to an emergency involving an immediate threat to human life or property;
(3) In response to a request for assistance pursuant to a mutual law enforcement assistance agreement with the agency of primary territorial jurisdiction or in response to the request of a peace officer with enforcement authority;
(4) When the officer is transporting a prisoner;
(5) When the officer is executing an arrest warrant or search warrant; or
(6) When the officer is in fresh pursuit, as defined in RCW 10.93.120.
[ 1985 c 89 s 7.]

catchline: General authority peace officer—Powers of, circumstances.


doc_type: statute

jurisdiction: wa

title: RCW 10.93.080

text:
A limited authority Washington peace officer shall have no additional powers by virtue of this chapter but shall be limited to those powers already vested by law or hereafter created by separate enactment.
[ 1985 c 89 s 8.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Limited authority peace officer—No additional powers.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 10.93.090

text:
A specially commissioned Washington peace officer who has successfully completed a course of basic training prescribed or approved for such officers by the Washington state criminal justice training commission may exercise any authority which the special commission vests in the officer, throughout the territorial bounds of the state, outside of the officer's primary territorial jurisdiction under the following circumstances:
(1) The officer is in fresh pursuit, as defined in RCW 10.93.120; or
(2) The officer is acting pursuant to mutual law enforcement assistance agreement between the primary commissioning agency and the agency with primary territorial jurisdiction.
[ 1985 c 89 s 9.]

catchline: Specially commissioned peace officer—Powers of, circumstances.


title: RCW 10.93.100

text:
Federal peace officers shall have no additional powers by virtue of this chapter but shall be limited to those powers already vested by law or hereafter created by separate enactment.
[ 1985 c 89 s 10.]

catchline: Federal peace officers—No additional powers.


title: RCW 10.93.110

text:
The attorney general shall have no additional powers by virtue of this chapter but shall be limited to those powers already vested by law or hereafter created by separate enactment.
[ 1985 c 89 s 11.]

catchline: Attorney general—No additional powers.


title: RCW 10.93.120

text:
(1) Any peace officer who has authority under Washington law to make an arrest may proceed in fresh pursuit of a person (a) who is reasonably believed to have committed a violation of traffic or criminal laws, or (b) for whom such officer holds a warrant of arrest, and such peace officer shall have the authority to arrest and to hold such person in custody anywhere in the state.
(2) The term "fresh pursuit," as used in this chapter, includes, without limitation, fresh pursuit as defined by the common law. Fresh pursuit does not necessarily imply immediate pursuit, but pursuit without unreasonable delay.
[ 1985 c 89 s 12.]

catchline: Fresh pursuit, arrest.


title: RCW 10.93.130

text:
Under the interlocal cooperation act, chapter 39.34 RCW, any law enforcement agency referred to by this chapter may contract with any other such agency and may also contract with any law enforcement agency of another state, or such state's political subdivision, to provide mutual law enforcement assistance. The agency with primary territorial jurisdiction may require that officers from participating agencies meet reasonable training or certification standards or other reasonable standards.
[ 1985 c 89 s 13.]

catchline: Contracting authority of law enforcement agencies.


title: RCW 10.93.140

text:
This chapter does not limit the scope of jurisdiction and authority of the Washington state patrol and the department of fish and wildlife as otherwise provided by law, and these agencies shall not be bound by the reporting requirements of RCW 10.93.030.
[ 2002 c 128 s 2; 1985 c 89 s 14.]

catchline: State patrol, fish and wildlife exempted.


title: RCW 10.93.150

text:
A disciplinary action or any other adverse personnel action may not be undertaken by a law enforcement agency against a peace officer solely because that officer's name has been placed on a list maintained by a prosecuting attorney's office of recurring witnesses for whom there is known potential impeachment information, or that the officer's name may otherwise be subject to disclosure pursuant to Brady v. Maryland, 373 U.S. 83 (1963). This section does not prohibit a law enforcement agency from taking disciplinary action or any other adverse personnel action against a peace officer based on the underlying acts or omissions for which that officer's name was placed on a prosecutor-maintained list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland, 373 U.S. 83 (1963), if the actions taken by the law enforcement agency otherwise conform to the rules and procedures adopted by the law enforcement agency as determined through collective bargaining.
[ 2018 c 265 s 2.]
Notes:
Intent—2018 c 265: "The United States supreme court has consistently found that prosecutors have the duty to disclose potentially exculpatory evidence to defense attorneys prior to trial. Some of the information that is being disclosed about government witnesses, often law enforcement officers, has not been substantiated or proven to any degree. This act prohibits a law enforcement agency from taking punitive action against a peace officer solely because the officer's name was placed on a potential impeachment list. This act specifically does not prohibit a law enforcement agency from taking punitive or personnel action against a peace officer based on the underlying acts or omissions for which that officer's name was placed on the list." [ 2018 c 265 s 1.]

catchline: Law enforcement disciplinary actions—Potential impeachment list.


title: RCW 10.93.160

text:
(1) The definitions contained in RCW 43.17.420 apply to this section.
(2) The legislature finds that it is not the primary purpose of state and local law enforcement agencies or school resource officers to enforce civil federal immigration law. The legislature further finds that the immigration status of an individual or an individual's presence in, entry, or reentry to, or employment in the United States alone, is not a matter for police action, and that United States federal immigration authority has primary jurisdiction for enforcement of the provisions of Title 8 U.S.C. dealing with illegal entry.
(3) School resource officers, when acting in their official capacity as a school resource officer, may not:
(a) Inquire into or collect information about an individual's immigration or citizenship status, or place of birth; or
(b) Provide information pursuant to notification requests from federal immigration authorities for the purposes of civil immigration enforcement, except as required by law.
(4) State and local law enforcement agencies may not:
(a) Inquire into or collect information about an individual's immigration or citizenship status, or place of birth unless there is a connection between such information and an investigation into a violation of state or local criminal law; or
(b) Provide information pursuant to notification requests from federal immigration authorities for the purposes of civil immigration enforcement, except as required by law.
(5) State and local law enforcement agencies may not provide nonpublicly available personal information about an individual, including individuals subject to community custody pursuant to RCW 9.94A.701 and 9.94A.702, to federal immigration authorities in a noncriminal matter, except as required by state or federal law.
(6)(a) State and local law enforcement agencies may not give federal immigration authorities access to interview individuals about a noncriminal matter while they are in custody, except as required by state or federal law, a court order, or by (b) of this subsection.
(b) Permission may be granted to a federal immigration authority to conduct an interview regarding federal immigration violations with a person who is in the custody of a state or local law enforcement agency if the person consents in writing to be interviewed. In order to obtain consent, agency staff shall provide the person with an oral explanation and a written consent form that explains the purpose of the interview, that the interview is voluntary, and that the person may decline to be interviewed or may choose to be interviewed only with the person's attorney present. The form must state explicitly that the person will not be punished or suffer retaliation for declining to be interviewed. The form must be available at least in English and Spanish and explained orally to a person who is unable to read the form, using, when necessary, an interpreter from the district communications center "language line" or other district resources.
(7) An individual may not be detained solely for the purpose of determining immigration status.
(8) An individual must not be taken into custody, or held in custody, solely for the purposes of determining immigration status or based solely on a civil immigration warrant, or an immigration hold request.
(9)(a) To ensure compliance with all treaty obligations, including consular notification, and state and federal laws, on the commitment or detainment of any individual, state and local law enforcement agencies must explain in writing:
(i) The individual's right to refuse to disclose their nationality, citizenship, or immigration status; and
(ii) That disclosure of their nationality, citizenship, or immigration status may result in civil or criminal immigration enforcement, including removal from the United States.
(b) Nothing in this subsection allows for any violation of subsection (4) of this section.
(10) A state and local government or law enforcement agency may not deny services, benefits, privileges, or opportunities to individuals in custody, or under community custody pursuant to RCW 9.94A.701 and 9.94A.702, or in probation status, on the basis of the presence of an immigration detainer, hold, notification request, or civil immigration warrant, except as required by law or as necessary for classification or placement purposes for individuals in the physical custody of the department of corrections.
(11) No state or local law enforcement officer may enter into any contract, agreement, or arrangement, whether written or oral, that would grant federal civil immigration enforcement authority or powers to state and local law enforcement officers, including but not limited to agreements created under 8 U.S.C. Sec. 1357(g), also known as 287(g) agreements.
(12)(a) No state agency or local government or law enforcement officer may enter into an immigration detention agreement. All immigration detention agreements must be terminated no later than one hundred eighty days after May 21, 2019, except as provided in (b) of this subsection.
(b) Any immigration detention agreement in effect prior to January 1, 2019, and under which a payment was made between July 1, 2017, and December 31, 2018, may remain in effect until the date of completion or December 31, 2021, whichever is earlier.
(13) No state or local law enforcement agency or school resource officer may enter into or renew a contract for the provision of language services from federal immigration authorities, nor may any language services be accepted from such for free or otherwise.
(14) The department of corrections may not give federal immigration authorities access to interview individuals about federal immigration violations while they are in custody, except as required by state or federal law or by court order, unless such individuals consent to be interviewed in writing. Before agreeing to be interviewed, individuals must be advised that they will not be punished or suffer retaliation for declining to be interviewed.
(15) Subsections (3) through (6) of this section do not apply to individuals who are in the physical custody of the department of corrections.
(16) Nothing in this section prohibits the collection, use, or disclosure of information that is:
(a) Required to comply with state or federal law; or
(b) In response to a lawfully issued court order.
[ 2019 c 440 s 6.]
Notes:
Findings—Construction—Conflict with federal requirements—Effective date—2019 c 440: See notes following RCW 43.17.425.

catchline: Immigration and citizenship status—Law enforcement agency restrictions.


title: RCW 10.93.165

text:
(1) Except as provided in subsection (2) of this section and RCW 43.101.095, a general authority Washington law enforcement agency or limited authority Washington law enforcement agency may consider the application of a citizen of the United States or a lawful permanent resident for any office, place, position, or employment within the agency.
(2) For purposes of hiring an employee whose primary job function is to provide for the custody, safety, and security of adult persons in state correctional facilities or local jails, a general authority Washington law enforcement agency or limited authority Washington law enforcement agency may consider the application of a citizen of the United States or a person who is legally authorized to work in the United States under federal law.
(a) This subsection shall be interpreted and applied consistent with federal law and regulations. This subsection shall not be construed to permit the agency to override or bypass work authorization requirements stated in section 274a.2 of Title 8 of the Code of Federal Regulations.
(b) The agency shall not be liable for a claim pursuant to RCW 49.60.030 or other applicable law if it rejects an application based on the agency's determination that the applicant's legal authorization to work in the United States under federal law is limited in such a manner as to make employment with the agency impracticable.
[ 2026 c 103 s 1; 2024 c 11 s 1.]
Notes:
Effective date—2026 c 103: See note following RCW 10.93.167.

catchline: Applicants—Work authorization.


title: RCW 10.93.167

text:
Employees whose primary job function is to provide for the custody, safety, and security of adult persons in state correctional facilities or local jails must be a citizen of the United States or a person who is legally authorized to work in the United States under federal law.
This section shall be interpreted and applied consistent with federal law and regulations. This section shall not be construed to permit an employer to override or bypass work authorization requirements stated in section 274a.2 of Title 8 of the Code of Federal Regulations.
[ 2026 c 103 s 2.]
Notes:
Retroactive application—2026 c 103 ss 2, 4, and 6: "Sections 2, 4, and 6 apply retroactively to individuals who are employed on and after the effective date of this act." [ 2026 c 103 s 8.]
Effective date—2026 c 103: "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." [ 2026 c 103 s 9.]


title: RCW 10.93.170

text:
A general authority Washington law enforcement agency or limited authority Washington law enforcement agency is prohibited from considering the application for any office, place, position, or employment within the agency if the person has not provided the agency a document, voluntarily and knowingly signed by the person, that authorizes each prior employer and each agency to which the person has applied to release any and all information relating to the person's employment and application for employment, and further releasing and holding harmless the agency and each prior employer and agency to which the person has applied from any and all liability that may potentially result from the release and use of such information provided.
[ 2026 c 258 s 15; 2021 c 323 s 30.]
Notes:
Findings—Intent—Effective date—2026 c 258: See notes following RCW 35.21.333.

catchline: Applicants—Authorization to obtain information.


title: RCW 10.93.180

text:
(1)(a) Each county prosecutor shall develop and adopt a written protocol addressing potential impeachment disclosures pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and subsequent case law. The protocol must provide guidance for: (i) The types of conduct that should be recognized as potentially exculpatory or as creating potential impeachment material; (ii) how information about an officer or officer conduct should be shared and maintained; and (iii) under what circumstances an officer's information or name may be removed from any list of potential impeachment disclosures.
(b) The protocol shall be developed by the prosecuting attorney with consultation of agencies representing law enforcement officers and local departments that will be impacted by the protocol.
(c) Subject to amounts appropriated for this purpose, no later than June 30, 2022, the criminal justice training commission shall provide, or contract with an organization that serves prosecuting attorneys in Washington to provide, online training for potential impeachment disclosures.
(d) Local protocols under this section shall be adopted and in place no later than July 1, 2022. Local protocols must be reviewed every two years to determine whether modifications are needed.
(2)(a) A law enforcement agency shall report the following information to the prosecuting authority of any jurisdiction in which the officer may testify as a witness:
(i) Any act by the officer that may be potentially exculpatory to a criminal defendant; and
(ii) Misconduct that the officer has engaged in that affects his or her credibility.
(b) The law enforcement agency shall report the information within 10 days of the discovery of the act under (a)(i) of this subsection or the misconduct under (a)(ii) of this subsection.
(3)(a) Prior to hiring any peace officer with previous law enforcement experience, a law enforcement agency must inquire as to whether the officer has ever been subject to potential impeachment disclosure. The agency shall verify the officer's response with the prosecuting authorities in the jurisdictions of the officer's previous employment. Prosecuting authorities shall respond within 10 days of receiving a request from a law enforcement agency for verification. The fact that an officer has been subject to impeachment disclosure is not, in and of itself, a bar to employment. Any prehiring process or hiring decision by an agency does not constitute a personnel action under RCW 10.93.150.
(b) Within 10 days of hiring an officer with a prior potential impeachment disclosure, the law enforcement agency shall forward that information to the prosecuting authority of any jurisdiction in which the officer may testify as a witness.
(4) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for sharing impeachment information about a peace officer with the peace officer's employer, potential employer, or prosecuting authority unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith.
[ 2021 c 322 s 1.]

catchline: Protocol for potential impeachment disclosures.


title: RCW 10.93.190

text:
(1) Any identifiable on-duty peace officer who witnesses another peace officer engaging or attempting to engage in the use of excessive force against another person shall intervene when in a position to do so to end the use of excessive force or attempted use of excessive force, or to prevent the further use of excessive force. A peace officer shall also render aid at the earliest safe opportunity in accordance with RCW 36.28A.445, to any person injured as a result of the use of force.
(2) Any identifiable on-duty peace officer who witnesses any wrongdoing committed by another peace officer, or has a good faith reasonable belief that another peace officer committed wrongdoing, shall report such wrongdoing to the witnessing officer's supervisor or other supervisory peace officer in accordance with the witnessing peace officer's employing agency's policies and procedures for reporting such acts committed by a peace officer.
(3) A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer for intervening in good faith or for reporting wrongdoing in good faith as required by this section.
(4) A law enforcement agency shall send notice to the criminal justice training commission of any disciplinary decision resulting from a peace officer's failure to intervene or failure to report as required by this section to determine whether the officer's conduct may be grounds for suspension or revocation of certification under RCW 43.101.105.
(5) For purposes of this section:
(a) "Excessive force" means force that exceeds the force permitted by law or policy of the witnessing officer's agency.
(b) "Peace officer" refers to any general authority Washington peace officer.
(c) "Wrongdoing" means conduct that is contrary to law or contrary to the policies of the witnessing officer's agency, provided that the conduct is not de minimis or technical in nature.
[ 2021 c 321 s 1.]

catchline: Peace officers duty to intervene.


title: RCW 10.93.200

text:
(1) A peace officer as defined in RCW 10.120.010 or corrections officer as defined in RCW 43.101.010 employed by a general authority Washington law enforcement agency or a limited authority Washington law enforcement agency, as those terms are defined in RCW 10.93.020, shall have the authority to possess and carry firearms, subject to the written firearms policy created by the agency employing the peace officer or corrections officer.
(2) A law enforcement agency that employs a person who is a lawful permanent resident as defined in RCW 41.04.899 or a person who is a deferred action for childhood arrivals recipient shall ensure that it has a written firearms policy authorizing the possession and carry of firearms by persons employed by that agency as a peace officer as defined in RCW 10.120.010 or a corrections officer as defined in RCW 43.101.010. A firearms policy must comply with any federal law or regulation promulgated by the United States department of justice, bureau of alcohol, tobacco, firearms, and explosives, or any successor agency, governing possession of a firearm and any related exceptions.
[ 2024 c 330 s 2.]

catchline: Firearms—Authority of officers to possess and carry.


title: RCW 10.93.900

text:
This act shall take effect July 1, 1985.
[ 1985 c 89 s 17.]

catchline: Effective date—1985 c 89.


title: RCW 10.95.010

text:
No rule promulgated by the supreme court of Washington pursuant to RCW 2.04.190 and 2.04.200, now or in the future, shall be construed to supersede or alter any of the provisions of this chapter.
[ 1981 c 138 s 1.]

catchline: Court rules.


title: RCW 10.95.020

text:
A person is guilty of aggravated first degree murder, a class A felony, if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a), as now or hereafter amended, and one or more of the following aggravating circumstances exist:
(1) The victim was a law enforcement officer, corrections officer, or firefighter who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing;
(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;
(3) At the time of the act resulting in death, the person was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;
(4) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;
(5) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;
(6) The person committed the murder to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group;
(7) The murder was committed during the course of or as a result of a shooting where the discharge of the firearm, as defined in RCW 9.41.010, is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge;
(8) The victim was:
(a) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding; prosecuting attorney; deputy prosecuting attorney; defense attorney; a member of the indeterminate sentence review board; or a probation or parole officer; and
(b) The murder was related to the exercise of official duties performed or to be performed by the victim;
(9) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including, but specifically not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;
(10) There was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person;
(11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree or residential burglary;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree;
(12) The victim was regularly employed or self-employed as a newsreporter and the murder was committed to obstruct or hinder the investigative, research, or reporting activities of the victim;
(13) At the time the person committed the murder, there existed a court order, issued in this or any other state, which prohibited the person from either contacting the victim, molesting the victim, or disturbing the peace of the victim, and the person had knowledge of the existence of that order;
(14) At the time the person committed the murder, the person and the victim were "family or household members" or "intimate partners" as defined in RCW 10.99.020, and the person had previously engaged in a pattern or practice of three or more of the following crimes committed upon the victim within a five-year period, regardless of whether a conviction resulted:
(a) Harassment as defined in RCW 9A.46.020; or
(b) Any criminal assault.
[ 2021 c 215 s 120; 2020 c 29 s 12; 2003 c 53 s 96; 1998 c 305 s 1. Prior: 1995 c 129 s 17 (Initiative Measure No. 159); 1994 c 121 s 3; 1981 c 138 s 2.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2020 c 29: See note following RCW 7.77.060.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Findings and intent—Short title—Severability—Captions not law—1995 c 129: See notes following RCW 9.94A.510.

catchline: Definition.


title: RCW 10.95.030

text:
(1) Except as provided in subsection (2) of this section, any person convicted of the crime of aggravated first degree murder shall be sentenced to life imprisonment without possibility of release or parole. A person sentenced to life imprisonment under this section shall not have that sentence suspended, deferred, or commuted by any judicial officer and the indeterminate sentence review board or its successor may not parole such prisoner nor reduce the period of confinement in any manner whatsoever including but not limited to any sort of good time calculation. The department of social and health services or its successor or any executive official may not permit such prisoner to participate in any sort of release or furlough program.
(2)(a)(i) Any person convicted of the crime of aggravated first degree murder for an offense committed prior to the person's 16th birthday shall be sentenced to a maximum term of life imprisonment and a minimum term of total confinement of 25 years.
(ii) Any person convicted of the crime of aggravated first degree murder for an offense committed when the person is at least 16 years old but less than 18 years old shall be sentenced to a maximum term of life imprisonment and a minimum term of total confinement of no less than 25 years.
(b) In setting a minimum term, the court must take into account mitigating factors that account for the diminished culpability of youth as provided in Miller v. Alabama, 132 S.Ct. 2455 (2012) including, but not limited to, the age of the individual, the youth's childhood and life experience, the degree of responsibility the youth was capable of exercising, and the youth's chances of becoming rehabilitated.
(c) A person sentenced under this subsection shall serve the sentence in a facility or institution operated, or utilized under contract, by the state. During the minimum term of total confinement, the person shall not be eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release authorized under RCW 9.94A.728, or any other form of authorized leave or absence from the correctional facility while not in the direct custody of a corrections officer. The provisions of this subsection shall not apply: (i) In the case of an offender in need of emergency medical treatment; or (ii) for an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c).
(d) Any person sentenced pursuant to this subsection shall be subject to community custody under the supervision of the department of corrections and the authority of the indeterminate sentence review board. As part of any sentence under this subsection, the court shall require the person to comply with any conditions imposed by the board.
(e) Any person sentenced pursuant to this subsection shall comply with conditions imposed or modified pursuant to RCW 9.94A.704(10), in addition to court-imposed conditions.
(f) No later than five years prior to the expiration of the person's minimum term, the department of corrections shall conduct an assessment of the offender and identify programming and services that would be appropriate to prepare the offender for return to the community. To the extent possible, the department shall make programming available as identified by the assessment.
(g) No later than 180 days prior to the expiration of the person's minimum term, the department of corrections shall conduct, and the offender shall participate in, an examination of the person, incorporating methodologies that are recognized by experts in the prediction of dangerousness, and including a prediction of the probability that the person will engage in future criminal behavior if released on conditions to be set by the board. The board may consider a person's failure to participate in an evaluation under this subsection in determining whether to release the person. The board shall order the person released, under such affirmative and other conditions as the board determines appropriate, unless the board determines by a preponderance of the evidence that, despite such conditions, it is more likely than not that the person will commit new criminal law violations if released. If the board does not order the person released, the board shall set a new minimum term not to exceed five additional years. The board shall give public safety considerations the highest priority when making all discretionary decisions regarding the ability for release and conditions of release.
(h) In a hearing conducted under (g) of this subsection, the board shall provide opportunities for victims and survivors of victims of any crimes for which the offender has been convicted to present statements as set forth in RCW 7.69.032. The procedures for victim and survivor of victim input shall be provided by rule. To facilitate victim and survivor of victim involvement, county prosecutor's offices shall ensure that any victim impact statements and known contact information for victims of record and survivors of victims are forwarded as part of the judgment and sentence.
(i) An offender released by the board is subject to the supervision of the department of corrections for a period of time to be determined by the board. The department shall monitor the offender's compliance with conditions of community custody imposed by the court or board and promptly report any violations to the board. Any violation of conditions of community custody established or modified by the board are subject to the provisions of RCW 9.95.425 through 9.95.440.
(j) An offender released or discharged under this section may be returned to the institution at the discretion of the board if the offender is found to have violated a condition of community custody. The offender is entitled to a hearing pursuant to RCW 9.95.435. The board shall set a new minimum term of incarceration not to exceed five years.
[ 2024 c 118 s 7. Prior: 2023 c 102 s 23; 2023 c 102 s 20; 2015 c 134 s 5; 2014 c 130 s 9; 2010 c 94 s 3; 1993 c 479 s 1; 1981 c 138 s 3.]
Notes:
Application—Effective date—2024 c 118: See notes following RCW 9.94A.704.
Effective date—2015 c 134: See note following RCW 9.94A.501.
Application—Effective date—2014 c 130: See notes following RCW 9.94A.510.
Purpose—2010 c 94: See note following RCW 44.04.280.

catchline: Sentences for aggravated first degree murder.


title: RCW 10.95.035

text:
(1) A person, who was sentenced prior to June 1, 2014, under this chapter or any prior law, to a term of life without the possibility of parole for an offense committed prior to their eighteenth birthday, shall be returned to the sentencing court or the sentencing court's successor for sentencing consistent with RCW 10.95.030. Release and supervision of a person who receives a minimum term of less than life will be governed by RCW 10.95.030.
(2) The court shall provide an opportunity for victims and survivors of victims of any crimes for which the offender has been convicted to present a statement personally or by representation.
(3) A resentencing under this section shall not reopen the defendant's conviction to challenges that would otherwise be barred by RCW 10.73.090, 10.73.100, 10.73.140, or other procedural barriers.
[ 2023 c 102 s 22; 2015 c 134 s 7; 2014 c 130 s 11.]
Notes:
Effective date—2015 c 134: See note following RCW 9.94A.501.
Effective date—2014 c 130: See note following RCW 9.94A.510.

catchline: Return of persons to sentencing court if sentenced prior to June 1, 2014, under this chapter or any prior law, for a term of life without the possibility of parole for an offense committed prior to 18th birthday.


title: RCW 10.96.005

text:
The legislature finds that many businesses, associations, and organizations providing goods and services to the public, conducting other activity in Washington, or otherwise affecting residents of Washington now operate nationally or globally and often maintain their business records in a location outside the state of Washington. The legislature further finds that bringing persons or organizations committing crimes in Washington to justice is a matter of great public interest because crimes have a significant effect on businesses, associations, and other organizations that conduct business in Washington, as well as on Washington citizens. Crimes result in significant harm and losses to persons, businesses, associations, and other organizations victimized, as well as persons not directly victimized when businesses or others more directly affected by the crimes must raise prices to cover crime losses. The ability of law enforcement and the criminal justice system to effectively perform their duties to the public often depends upon law enforcement agencies, prosecutors, and criminal defense attorneys being able to obtain and use records relevant to crimes that affect Washington's citizens, businesses, associations, organizations, and others who provide goods or services, or conduct other activity in Washington. In the course of fulfilling their duties to the public, law enforcement agencies, prosecutors, and criminal defense attorneys must frequently obtain records from these entities, and be able to use the records in court. The ability to obtain and use these records has an impact on Washington citizens because it affects the ability to enforce Washington's criminal laws and affects the deterrence value arising from criminal prosecution. Effectively combating crime requires laws facilitating and requiring that all those who possess records relevant to a criminal investigation comply with the legal process issued in connection with criminal investigations or litigation.
[ 2008 c 21 s 1.]

catchline: Findings.


title: RCW 10.96.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Adverse result" includes one or more of the following possible consequences:
(a) Danger to the life or physical safety of an individual;
(b) A flight from prosecution;
(c) The destruction of, potential loss of, or tampering with evidence;
(d) The intimidation of potential witnesses;
(e) Jeopardy to an investigation or undue delay of a trial.
(2) "Applicant" means a law enforcement officer, prosecuting attorney, deputy or special deputy prosecuting attorney, or defense attorney who is seeking criminal process under RCW 10.96.020.
(3) "Criminal process" means a search warrant or legal process issued pursuant to RCW 10.79.015 and CrR 2.3; any process issued pursuant to chapter 9.73, 9A.82, 10.27, or 10.29 RCW; and any other legal process signed by a judge of the superior court and issued in a criminal matter which allows the search for or commands production of records that are in the actual or constructive possession of the recipient, regardless of whether the recipient or the records are physically located within the state.
(4) "Defense attorney" means an attorney of record for a person charged with a crime when the attorney is seeking the issuance of criminal process for the defense of the criminal case.
(5) "Properly served" means delivery by hand or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to the recipient addressee of criminal process.
(6) "Recipient" means a person, as defined in RCW 9A.04.110, or a business, as defined in RCW 5.45.010, that has conducted business or engaged in transactions occurring at least in part in this state upon whom criminal process issued under this chapter is properly served.
[ 2008 c 21 s 2.]

catchline: Definitions.


title: RCW 10.96.020

text:
This section shall apply to any criminal process allowing for search of or commanding production of records that are in the actual or constructive possession of a recipient who receives service outside Washington, regardless of whether the recipient or the records are physically located within the state.
(1) When properly served with criminal process issued under this section, the recipient shall provide the applicant all records sought pursuant to the criminal process. The records shall be produced within twenty business days of receipt of the criminal process, unless the process requires earlier production. An applicant may consent to a recipient's request for additional time to comply with the criminal process.
(2) Criminal process issued under this section must contain the following language in bold type on the first page of the document: "This [warrant, subpoena, order] is issued pursuant to RCW [insert citation to this statute]. A response is due within twenty business days of receipt, unless a shorter time is stated herein, or the applicant consents to a recipient's request for additional time to comply."
(3) If the judge finds reason to suspect that failure to produce records within twenty business days would cause an adverse result, the criminal process may require production of records within less than twenty business days. A court may reasonably extend the time required for production of the records upon finding that the recipient has shown good cause for that extension and that an extension of time would not cause an adverse result.
(4) When properly served with criminal process issued under this section, a recipient who seeks to quash the criminal process must seek relief from the court where the criminal process was issued, within the time originally required for production of records. The court shall hear and decide the motion no later than five court days after the motion is filed. An applicant's consent, under subsection (1) of this section, to a recipient's request for additional time to comply with the criminal process does not extend the date by which a recipient must seek the relief designated in this section.
(5) The issuance of criminal process is prohibited if such process is related to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington.
[ 2023 c 193 s 11; 2008 c 21 s 3.]
Notes:
Effective date—2023 c 193: See note following RCW 7.115.020.

catchline: Production of records.


title: RCW 10.96.030

text:
(1) Upon written request from the applicant, or if ordered by the court, the recipient of criminal process shall verify the authenticity of records that it produces by providing an affidavit, declaration, or certification that complies with subsection (2) of this section. The requirements of RCW 5.45.020 regarding business records as evidence may be satisfied by an affidavit, declaration, or certification that complies with subsection (2) of this section, without the need for testimony from the custodian of records, regardless of whether the business records were produced by a foreign or Washington state entity.
(2) To be admissible without testimony from the custodian of records, business records must be accompanied by an affidavit, declaration, or certification by its record custodian or other qualified person that includes contact information for the witness completing the document and attests to the following:
(a) The witness is the custodian of the record or sets forth evidence that the witness is qualified to testify about the record;
(b) The record was made at or near the time of the act, condition, or event set forth in the record by, or from information transmitted by, a person with knowledge of those matters;
(c) The record was made in the regular course of business;
(d) The identity of the record and the mode of its preparation; and
(e) Either that the record is the original or that it is a duplicate that accurately reproduces the original.
(3) A party intending to offer a record into evidence under this section must provide written notice of that intention to all adverse parties, and must make the record and affidavit, declaration, or certification available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them. A motion opposing admission in evidence of the record shall be made and determined by the court before trial and with sufficient time to allow the party offering the record time, if the motion is granted, to produce the custodian of the record or other qualified person at trial, without creating hardship on the party or on the custodian or other qualified person.
(4) Failure by a party to timely file a motion under subsection (4) of this section shall constitute a waiver of objection to admission of the evidence, but the court for good cause shown may grant relief from the waiver. When the court grants relief from the waiver, and thereafter determines the custodian of the record shall appear, a continuance of the trial may be granted to provide the proponent of the record sufficient time to arrange for the necessary witness to appear.
(5) Nothing in this section precludes either party from calling the custodian of record of the record or other witness to testify regarding the record.
[ 2008 c 21 s 4.]

catchline: Authenticity of records—Verification—Affidavit, declaration, or certification.


title: RCW 10.96.040

text:
(1) A Washington recipient, when served with process that was issued by or in another state that on its face purports to be valid criminal process, shall comply with that process as if that process had been issued by a Washington court if the criminal process includes an attestation, made under penalty of perjury, stating that such process does not relate to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington. Any false attestation submitted under this section is subject to a statutory penalty of $10,000 per violation. Submission of such attestation subjects the attester to the jurisdiction of the courts of Washington state for any suit, penalty, or damages arising out of a false attestation under this section.
(2) A Washington recipient shall not be required to comply with a criminal process issued by or in another state that is related to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington.
[ 2023 c 193 s 12; 2008 c 21 s 5.]
Notes:
Effective date—2023 c 193: See note following RCW 7.115.020.

catchline: Service of process issued by or in another state.


title: RCW 10.96.050

text:
A recipient of criminal process or process under RCW 10.96.010 and 10.96.040, and any other person that responds to such process is immune from civil and criminal liability for complying with the process, and for any failure to provide notice of any disclosure to the person who is the subject of or identified in the disclosure.
[ 2008 c 21 s 6.]

catchline: Recipients' immunity from liability.


title: RCW 10.96.060

text:
A judge of the superior court may issue any criminal process to any recipient at any address, within or without the state, for any matter over which the court has criminal jurisdiction pursuant to RCW 9A.04.030. This section does not limit a court's authority to issue warrants or legal process under other provisions of state law.
[ 2008 c 21 s 7.]

catchline: Issuance of criminal process.


title: RCW 10.97.010

text:
The legislature declares that it is the policy of the state of Washington to provide for the completeness, accuracy, confidentiality, and security of criminal history record information and victim, witness, and complainant record information as defined in this chapter.
[ 1977 ex.s. c 314 s 1.]

catchline: Declaration of policy.


title: RCW 10.97.020

text:
This chapter may be cited as the Washington State Criminal Records Privacy Act.
[ 1977 ex.s. c 314 s 2.]
Notes:
Reviser's note: The phrase "This 1977 amendatory act" has been changed to "This chapter." This 1977 amendatory act [1977 ex.s. c 314] consists of chapter 10.97 RCW and the amendments of RCW 42.17.310, 43.43.705, 43.43.710, 43.43.730, and 43.43.810.

catchline: Short title.


title: RCW 10.97.030

text:
For purposes of this chapter, the definitions of terms in this section shall apply.
(1) "The administration of criminal justice" means performance of any of the following activities: Detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The term also includes criminal identification activities and the collection, storage, dissemination of criminal history record information, and the compensation of victims of crime.
(2) "Conviction or other disposition adverse to the subject" means any disposition of charges other than: (a) A decision not to prosecute; (b) a dismissal; or (c) acquittal; with the following exceptions, which shall be considered dispositions adverse to the subject: An acquittal due to a finding of not guilty by reason of insanity and a dismissal by reason of incompetency, pursuant to chapter 10.77 RCW; and a dismissal entered after a period of probation, suspension, or deferral of sentence.
(3) "Conviction record" means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the subject.
(4) "Criminal history record information" means information contained in records collected by criminal justice agencies, other than courts, on individuals, consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, including acquittals by reason of insanity, dismissals based on lack of competency, sentences, correctional supervision, and release.
The term includes any issued certificates of restoration of opportunities and any information contained in records maintained by or obtained from criminal justice agencies, other than courts, which records provide individual identification of a person together with any portion of the individual's record of involvement in the criminal justice system as an alleged or convicted offender, except:
(a) Posters, announcements, or lists for identifying or apprehending fugitives or wanted persons;
(b) Original records of entry maintained by criminal justice agencies to the extent that such records are compiled and maintained chronologically and are accessible only on a chronological basis;
(c) Court indices and records of public judicial proceedings, court decisions, and opinions, and information disclosed during public judicial proceedings;
(d) Records of traffic violations which are not punishable by a maximum term of imprisonment of more than ninety days;
(e) Records of any traffic offenses as maintained by the department of licensing for the purpose of regulating the issuance, suspension, revocation, or renewal of drivers' or other operators' licenses and pursuant to RCW 46.52.130;
(f) Records of any aviation violations or offenses as maintained by the department of transportation for the purpose of regulating pilots or other aviation operators, and pursuant to RCW 47.68.330;
(g) Announcements of executive clemency;
(h) Intelligence, analytical, or investigative reports and files.
(5) "Criminal justice agency" means: (a) A court; or (b) a government agency which performs the administration of criminal justice pursuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of criminal justice.
(6) "Disposition" means the formal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system.
(7) "Dissemination" means disclosing criminal history record information or disclosing the absence of criminal history record information to any person or agency outside the agency possessing the information, subject to the following exceptions:
(a) When criminal justice agencies jointly participate in the maintenance of a single recordkeeping department as an alternative to maintaining separate records, the furnishing of information by that department to personnel of any participating agency is not a dissemination;
(b) The furnishing of information by any criminal justice agency to another for the purpose of processing a matter through the criminal justice system, such as a police department providing information to a prosecutor for use in preparing a charge, is not a dissemination;
(c) The reporting of an event to a recordkeeping agency for the purpose of maintaining the record is not a dissemination.
(8) "Nonconviction data" consists of all criminal history record information relating to an incident which has not led to a conviction or other disposition adverse to the subject, and for which proceedings are no longer actively pending. There shall be a rebuttable presumption that proceedings are no longer actively pending if more than one year has elapsed since arrest, citation, charge, or service of warrant and no disposition has been entered.
[ 2016 c 81 s 4; 2012 c 125 s 1; 1999 c 49 s 1; 1998 c 297 s 49; 1990 c 3 s 128; 1979 ex.s. c 36 s 1; 1979 c 158 s 5; 1977 ex.s. c 314 s 3.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Finding—Conflict with federal requirements—2016 c 81: See notes following RCW 9.97.010.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.


title: RCW 10.97.040

text:
No criminal justice agency shall disseminate criminal history record information pertaining to an arrest, detention, indictment, information, or other formal criminal charge made after December 31, 1977, unless the record disseminated states the disposition of such charge to the extent dispositions have been made at the time of the request for the information: PROVIDED, HOWEVER, That if a disposition occurring within ten days immediately preceding the dissemination has not been reported to the agency disseminating the criminal history record information, or if information has been received by the agency within the seventy-two hours immediately preceding the dissemination, that information shall not be required to be included in the dissemination: PROVIDED FURTHER, That when another criminal justice agency requests criminal history record information, the disseminating agency may disseminate specific facts and incidents which are within its direct knowledge without furnishing disposition data as otherwise required by this section, unless the disseminating agency has received such disposition data from either: (1) the state patrol, or (2) the court or other criminal justice agency required to furnish disposition data pursuant to RCW 10.97.045.
No criminal justice agency shall disseminate criminal history record information which shall include information concerning a felony or gross misdemeanor without first making inquiry of the identification section of the Washington state patrol for the purpose of obtaining the most current and complete information available, unless one or more of the following circumstances exists:
(1) The information to be disseminated is needed for a purpose in the administration of criminal justice for which time is of the essence and the identification section is technically or physically incapable of responding within the required time;
(2) The full information requested and to be disseminated relates to specific facts or incidents which are within the direct knowledge of the agency which disseminates the information;
(3) The full information requested and to be disseminated is contained in a criminal history record information summary received from the identification section by the agency which is to make the dissemination not more than thirty days preceding the dissemination to be made;
(4) The statute, executive order, court rule, or court order pursuant to which the information is to be disseminated refers solely to information in the files of the agency which makes the dissemination;
(5) The information requested and to be disseminated is for the express purpose of research, evaluative, or statistical activities to be based upon information maintained in the files of the agency or agencies from which the information is directly sought; or
(6) A person who is the subject of the record requests the information and the agency complies with the requirements in RCW 10.97.080 as now or hereafter amended.
[ 1979 ex.s. c 36 s 2; 1977 ex.s. c 314 s 4.]

catchline: Information required—Exceptions.


title: RCW 10.97.045

text:
Whenever a court or other criminal justice agency reaches a disposition of a criminal proceeding, the court or other criminal justice agency shall furnish the disposition data to the agency initiating the criminal history record for that charge and to the identification section of the Washington state patrol as required under RCW 43.43.745.
[ 1979 ex.s. c 36 s 6.]

catchline: Disposition data to initiating agency and state patrol.


title: RCW 10.97.050

text:
(1) Conviction records may be disseminated without restriction.
(2) 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.
(3) Criminal history record information which includes nonconviction data may be disseminated by a criminal justice agency to another criminal justice agency for any purpose associated with the administration of criminal justice, or in connection with the employment of the subject of the record by a criminal justice or juvenile justice agency, except as provided under RCW 13.50.260. A criminal justice agency may respond to any inquiry from another criminal justice agency without any obligation to ascertain the purpose for which the information is to be used by the agency making the inquiry.
(4) Criminal history record information which includes nonconviction data may be disseminated by a criminal justice agency to implement a statute, ordinance, executive order, or a court rule, decision, or order which expressly refers to records of arrest, charges, or allegations of criminal conduct or other nonconviction data and authorizes or directs that it be available or accessible for a specific purpose.
(5) Criminal history record information which includes nonconviction data may be disseminated to individuals and agencies pursuant to a contract with a criminal justice agency to provide services related to the administration of criminal justice. Such contract must specifically authorize access to criminal history record information, but need not specifically state that access to nonconviction data is included. The agreement must limit the use of the criminal history record information to stated purposes and insure the confidentiality and security of the information consistent with state law and any applicable federal statutes and regulations.
(6) Criminal history record information which includes nonconviction data may be disseminated to individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency. Such agreement must authorize the access to nonconviction data, limit the use of that information which identifies specific individuals to research, evaluative, or statistical purposes, and contain provisions giving notice to the person or organization to which the records are disseminated that the use of information obtained therefrom and further dissemination of such information are subject to the provisions of this chapter and applicable federal statutes and regulations, which shall be cited with express reference to the penalties provided for a violation thereof.
(7) Criminal history record information that includes nonconviction data may be disseminated to the state auditor solely for the express purpose of conducting a process compliance audit procedure and review of any deadly force investigation pursuant to RCW 43.101.460. Dissemination or use of nonconviction data for purposes other than authorized in this subsection is prohibited.
(8) Criminal history record information that includes nonconviction data may be disseminated to bailiffs of the supreme court solely for the express purpose of investigations under RCW 2.04.260 and to bailiffs of the court of appeals solely for the express purpose of investigations under RCW 2.06.170. Dissemination or use of nonconviction data for purposes other than authorized in this subsection is prohibited.
(9) Every criminal justice agency that maintains and disseminates criminal history record information must maintain information pertaining to every dissemination of criminal history record information except a dissemination to the effect that the agency has no record concerning an individual. Information pertaining to disseminations shall include:
(a) An indication of to whom (agency or person) criminal history record information was disseminated;
(b) The date on which the information was disseminated;
(c) The individual to whom the information relates; and
(d) A brief description of the information disseminated.
The information pertaining to dissemination required to be maintained shall be retained for a period of not less than one year.
(10) In addition to the other provisions in this section allowing dissemination of criminal history record information, RCW 4.24.550 governs dissemination of information concerning offenders who commit sex offenses as defined by RCW 9.94A.030. Criminal justice agencies, their employees, and officials shall be immune from civil liability for dissemination on criminal history record information concerning sex offenders as provided in RCW 4.24.550.
[ 2026 c 111 s 2; 2024 c 303 s 2; 2023 c 26 s 1; 2020 c 184 s 2; 2012 c 125 s 2; 2005 c 421 s 9; 1990 c 3 s 129; 1977 ex.s. c 314 s 5.]
Notes:
Retroactive application—Effective date—2020 c 184: See notes following RCW 13.50.260.


title: RCW 10.97.060

text:
Criminal history record information which consists of nonconviction data only shall be subject to deletion from criminal justice agency files which are available and generally searched for the purpose of responding to inquiries concerning the criminal history of a named or otherwise identified individual when two years or longer have elapsed since the record became nonconviction data as a result of the entry of a disposition favorable to the defendant, or upon the passage of three years from the date of arrest or issuance of a citation or warrant for an offense for which a conviction was not obtained unless the defendant is a fugitive, or the case is under active prosecution according to a current certification made by the prosecuting attorney.
Such criminal history record information consisting of nonconviction data shall be deleted upon the request of the person who is the subject of the record: PROVIDED, HOWEVER, That the criminal justice agency maintaining the data may, at its option, refuse to make the deletion if:
(1) The disposition was a deferred prosecution or similar diversion of the alleged offender;
(2) The person who is the subject of the record has had a prior conviction for a felony or gross misdemeanor;
(3) The individual who is the subject of the record has been arrested for or charged with another crime during the intervening period.
Nothing in this chapter is intended to restrict the authority of any court, through appropriate judicial proceedings, to order the modification or deletion of a record in a particular cause or concerning a particular individual or event.
[ 1977 ex.s. c 314 s 6.]

catchline: Deletion of certain information, conditions.


title: RCW 10.97.070

text:
(1) Criminal justice agencies may, in their discretion, disclose to persons who have suffered physical loss, property damage, or injury compensable through civil action, the identity of persons suspected as being responsible for such loss, damage, or injury together with such information as the agency reasonably believes may be of assistance to the victim in obtaining civil redress. Such disclosure may be made without regard to whether the suspected offender is an adult or a juvenile, whether charges have or have not been filed, or a prosecuting authority has declined to file a charge or a charge has been dismissed.
(2) Unless the agency determines release would interfere with an ongoing criminal investigation, in any action brought pursuant to this chapter, criminal justice agencies shall disclose identifying information, including photographs of suspects, if the acts are alleged by the plaintiff or victim to be a violation of RCW 9A.50.020.
(3) The disclosure by a criminal justice agency of investigative information pursuant to subsection (1) of this section shall not establish a duty to disclose any additional information concerning the same incident or make any subsequent disclosure of investigative information, except to the extent an additional disclosure is compelled by legal process.
[ 1993 c 128 s 10; 1977 ex.s. c 314 s 7.]
Notes:
Effective date—1993 c 128: See RCW 9A.50.902.

catchline: Disclosure of suspect's identity to victim.


title: RCW 10.97.080

text:
All criminal justice agencies shall permit an individual who is, or who believes that he or she may be, the subject of a criminal record maintained by that agency, to appear in person during normal business hours of that criminal justice agency and request to see the criminal history record information held by that agency pertaining to the individual. The individual's right to access and review of criminal history record information shall not extend to data contained in intelligence, investigative, or other related files, and shall not be construed to include any information other than that defined as criminal history record information by this chapter.
Every criminal justice agency shall adopt rules and make available forms to facilitate the inspection and review of criminal history record information by the subjects thereof, which rules may include requirements for identification, the establishment of reasonable periods of time to be allowed an individual to examine the record, and for assistance by an individual's counsel, interpreter, or other appropriate persons.
No person shall be allowed to retain or mechanically reproduce any nonconviction data except for the person who is the subject of the record. Such person may retain a copy of their personal nonconviction data information on file, if the criminal justice agency has verified the identities of those who seek to inspect them. Criminal justice agencies 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. The criminal justice agency may charge a reasonable fee for fingerprinting or providing a copy of the personal nonconviction data information pursuant to this section. The provisions of chapter 42.56 RCW shall not be construed to require or authorize copying of nonconviction data for any other purpose.
The Washington state patrol shall establish rules for the challenge of records which an individual declares to be inaccurate or incomplete, and for the resolution of any disputes between individuals and criminal justice agencies pertaining to the accuracy and completeness of criminal history record information. The Washington state patrol shall also adopt rules for the correction of criminal history record information and the dissemination of corrected information to agencies and persons to whom inaccurate or incomplete information was previously disseminated. Such rules may establish time limitations of not less than ninety days upon the requirement for disseminating corrected information.
[ 2012 c 125 s 3; 2010 c 8 s 1093; 2005 c 274 s 206; 1979 ex.s. c 36 s 3; 1977 ex.s. c 314 s 8.]

catchline: Inspection of information by subject—Challenges and corrections.


title: RCW 10.97.090

text:
The Washington state patrol is hereby designated the agency of state government responsible for the administration of the 1977 Washington State Criminal Records Privacy Act. The Washington state patrol may adopt any rules and regulations necessary for the performance of the administrative functions provided for in this chapter.
The Washington state patrol shall have the following specific administrative duties:
(1) To establish by rule and regulation standards for the security of criminal history information systems in order that such systems and the data contained therein be adequately protected from fire, theft, loss, destruction, other physical hazard, or unauthorized access;
(2) To establish by rule and regulation standards for personnel employed by criminal justice of other state and local government agencies in positions with responsibility for maintenance and dissemination of criminal history record information; and
(3) To contract with the Washington state auditor or other public or private agency, organization, or individual to perform audits of criminal history record information systems.
[ 1979 ex.s. c 36 s 4; 1977 ex.s. c 314 s 9.]

catchline: Administration by state patrol.


title: RCW 10.97.100

text:
Criminal justice agencies shall be authorized to establish and collect reasonable fees for the dissemination of criminal history record information to agencies and persons other than criminal justice agencies.
[ 1977 ex.s. c 314 s 10.]

catchline: Fees.


title: RCW 10.97.110

text:
Any person may maintain an action to enjoin a continuance of any act or acts in violation of any of the provisions of this chapter, and if injured thereby, for the recovery of damages and for the recovery of reasonable attorneys' fees. If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this chapter, it shall enjoin the defendant from a continuance thereof, and it shall not be necessary that actual damages to the plaintiff be alleged or proved. In addition to such injunctive relief, the plaintiff in said action shall be entitled to recover from the defendant the amount of the actual damages, if any, sustained by him or her if actual damages to the plaintiff are alleged and proved. In any suit brought to enjoin a violation of this chapter, the prevailing party may be awarded reasonable attorneys' fees, including fees incurred upon appeal. Commencement, pendency, or conclusion of a civil action for injunction or damages shall not affect the liability of a person or agency to criminal prosecution for a violation of this chapter.
[ 2010 c 8 s 1094; 1979 ex.s. c 36 s 5; 1977 ex.s. c 314 s 11.]

catchline: Civil remedies—Criminal prosecution not affected.


title: RCW 10.97.120

text:
Violation of the provisions of this chapter shall constitute a misdemeanor, and any person whether as principal, agent, officer, or director for himself or herself or for another person, or for any firm or corporation, public or private, or any municipality who or which shall violate any of the provisions of this chapter shall be guilty of a misdemeanor for each single violation. Any criminal prosecution shall not affect the right of any person to bring a civil action as authorized by this chapter or otherwise authorized by law.
[ 2010 c 8 s 1095; 1977 ex.s. c 314 s 12.]

catchline: Criminal penalties—Civil action not affected.


title: RCW 10.97.130

text:
(1) Information revealing the specific details that describe the alleged or proven child victim of sexual assault or commercial sexual exploitation under age 18, or the identity or contact information of an alleged or proven child victim of sexual assault or commercial sexual exploitation under age 18 is confidential and not subject to release to the press or public without the permission of the child victim and the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative, stepchild, or stepsibling of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Contact information includes phone numbers, email addresses, social media profiles, and user names and passwords. Contact information or information identifying the child victim of sexual assault or commercial sexual exploitation may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault. Prior to release of any criminal history record information, the releasing agency shall delete any contact information or information identifying a child victim of sexual assault or commercial sexual exploitation from the information except as provided in this section.
(2) This section does not apply to court documents or other materials admitted in open judicial proceedings.
(3) For purposes of this section, "commercial sexual exploitation" has the same meaning as in RCW 7.105.010.
[ 2024 c 298 s 20; 2019 c 300 s 2; 1992 c 188 s 8.]
Notes:
Effective date—2024 c 298: See note following RCW 9A.40.100.
Findings—Intent—Severability—1992 c 188: See notes following RCW 7.69A.020.

catchline: Child victims of sexual assaults and commercial sexual exploitation, identification confidential.


title: RCW 10.97.140

text:
Nothing in RCW 40.14.060 or 40.14.070 or chapter 42.56 RCW precludes dissemination of criminal history record information, including nonconviction data, for the purposes of this chapter.
[ 2005 c 274 s 207; 1999 c 326 s 4.]

catchline: Construction.


title: RCW 10.98.010

text:
The purpose of this chapter is to provide a system of reporting and disseminating felony criminal justice information that provides: (1) Timely and accurate criminal histories for filing and sentencing under the sentencing reform act of 1981, (2) identification and tracking of felons, and (3) data for statewide planning and forecasting of the felon population.
[ 1984 c 17 s 1.]

catchline: Purpose.


title: RCW 10.98.020

text:
This chapter may be known and cited as the criminal justice information act.
[ 1984 c 17 s 2.]


title: RCW 10.98.030

text:
The Washington state patrol identification, child abuse, and criminal history section as established in *RCW 43.43.700 shall be the primary source of felony conviction histories for filings, plea agreements, and sentencing on felony cases.
[ 1999 c 143 s 50; 1984 c 17 s 3.]
Notes:
*Reviser's note: RCW 43.43.700 was amended by 2006 c 294 s 1, renaming the "identification, child abuse, and criminal history section" as the "identification and criminal history section."

catchline: Source of conviction histories.


title: RCW 10.98.040

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Arrest and fingerprint form" means the reporting form prescribed by the *identification, child abuse, and criminal history section to initiate compiling arrest and identification information.
(2) "Chief law enforcement officer" includes the sheriff or director of public safety of a county, the chief of police of a city or town, and chief officers of other law enforcement agencies operating within the state.
(3) "Department" means the department of corrections.
(4) "Disposition" means the conclusion of a criminal proceeding at any stage it occurs in the criminal justice system. Disposition includes but is not limited to temporary or permanent outcomes such as charges dropped by police, charges not filed by the prosecuting attorney, deferred prosecution, defendant absconded, charges filed by the prosecuting attorney pending court findings such as not guilty, dismissed, guilty, or guilty—case appealed to higher court.
(5) "Disposition report" means the reporting form prescribed by the *identification, child abuse, and criminal history section to report the legal procedures taken after completing an arrest and fingerprint form. The disposition report shall include but not be limited to the following types of information:
(a) The type of disposition;
(b) The statutory citation for the arrests;
(c) The sentence structure if the defendant was convicted of a felony;
(d) The state identification number; and
(e) Identification information and other information that is prescribed by the *identification, child abuse, and criminal history section.
(6) "Fingerprints" means the fingerprints taken from arrested or charged persons under the procedures prescribed by the Washington state patrol *identification, child abuse, and criminal history section.
(7) "Prosecuting attorney" means the public or private attorney prosecuting a criminal case.
(8) "Section" refers to the Washington state patrol *section on identification, child abuse, and criminal history.
(9) "Sentence structure" means itemizing the components of the felony sentence. The sentence structure shall include but not be limited to the total or partial confinement sentenced, and whether the sentence is prison or jail, community supervision, fines, restitution, or community restitution.
[ 2002 c 175 s 18; 1999 c 143 s 51; 1985 c 201 s 1; 1984 c 17 s 4.]
Notes:
*Reviser's note: The "identification, child abuse, and criminal history section" was renamed the "identification and criminal history section" by 2006 c 294 s 1.
Effective date—2002 c 175: See note following RCW 7.80.130.

catchline: Definitions.


title: RCW 10.98.050

text:
(1) It is the duty of the chief law enforcement officer or the local director of corrections to transmit within seventy-two hours from the time of arrest to the section fingerprints together with other identifying data as may be prescribed by the section, and statutory violations of any person lawfully arrested, fingerprinted, and photographed under RCW 43.43.735. The disposition report shall be transmitted to the prosecuting attorney, county clerk, or appropriate court of limited jurisdiction, whichever is responsible for transmitting the report to the section under RCW 10.98.010.
(2) At the preliminary hearing or the arraignment of a felony case, the judge shall ensure that the felony defendants have been fingerprinted and an arrest and fingerprint form transmitted to the section. In cases where fingerprints have not been taken, the judge shall order the chief law enforcement officer of the jurisdiction or the local director of corrections, or, in the case of a juvenile, the juvenile court administrator to initiate an arrest and fingerprint form and transmit it to the section. The disposition report shall be transmitted to the prosecuting attorney.
[ 1999 c 49 s 2; 1989 c 6 s 1; 1987 c 450 s 6; 1985 c 201 s 2; 1984 c 17 s 5.]

catchline: Officials' duties.


title: RCW 10.98.060

text:
The arrest and fingerprint form shall include but not be limited to the following:
(1) Unique numbers associated with the arrest charges. The unique numbering system may be controlled by the local law enforcement agency, however the section shall approve of the numbering system and maintain a current catalog of approved local numbering systems. The purpose of the unique numbering system is to allow tracking of arrest charges through disposition;
(2) An organization code;
(3) Date of arrest;
(4) Local identification number;
(5) The prescribed fingerprints;
(6) Individual identification information and other information prescribed by the section.
[ 1984 c 17 s 6.]

catchline: Arrest and fingerprint form.


title: RCW 10.98.070

text:
The section shall be the sole recipient of arrest and fingerprint forms described in RCW 10.98.060, fingerprint forms described in RCW 43.43.760, and disposition reports for forwarding to the federal bureau of investigation as required for participation in the national crime information center interstate identification index. The section shall comply with national crime information center interstate identification index regulations to maintain availability of out-of-state criminal history information.
[ 1984 c 17 s 7.]

catchline: National crime information center interstate identification index.


title: RCW 10.98.080

text:
The section shall promptly furnish a state identification number to the originating agency and to the prosecuting attorney who received a copy of the arrest and fingerprint form. In the case of juvenile felony-like adjudications, the section shall furnish, upon request, the state identification number to the juvenile information section of the administrative office of the courts.
[ 2005 c 282 s 23; 1985 c 201 s 3; 1984 c 17 s 8.]

catchline: State identification number, furnishing of.


title: RCW 10.98.090

text:
(1) In all cases where an arrest and fingerprint form is transmitted to the section, the originating agency shall code the form indicating which agency is initially responsible for reporting the disposition to the section. Coding shall include but not be limited to the prosecuting attorney, superior court, district court, municipal court, or the originating agency.
(2) In the case of a superior court or felony disposition, the county clerk or prosecuting attorney shall promptly transmit the completed disposition information to the section. In a county where the judicial information system or other secure method of electronic transfer of information has been implemented between the court and the section, the county clerk shall electronically provide the disposition information. In the case of a felony conviction in a county without the judicial information system or other secure method of electronic transfer of information between the court and the section, the prosecuting attorney shall attach a copy of the judgment and sentence form to the disposition form transmitted to the section. In the case of a lower court disposition, the district or municipal court administrator shall either promptly transmit the completed disposition form or, in a county where the judicial information system or other secure method of electronic transfer of information has been implemented between the court and the section, electronically provide the disposition information to the section. For all other dispositions the originating agency shall promptly transmit the completed disposition form to the section.
[ 1998 c 197 s 1; 1985 c 201 s 4; 1984 c 17 s 9.]

catchline: Disposition forms—Coding.


title: RCW 10.98.100

text:
The section shall administer a compliance audit at least once annually for each prosecuting attorney, district and municipal court, and originating agency to ensure that all disposition reports have been received and added to the criminal history record information described in RCW 43.43.705. The section shall identify criminal history record information for which no disposition report has been received and has been outstanding for one year or longer since the date of arrest. Each open arrest shall be researched for a final disposition by section staff or the criminal justice agency shall be furnished a list of outstanding disposition reports for criminal history record information of persons who were arrested or against whom charges were filed by that agency. Each criminal justice agency shall provide the section with a current disposition report or status within sixty days of receipt of notification of open arrest. Cases pending prosecution shall be considered outstanding dispositions in the compliance audit. The results of compliance audits shall be published annually and distributed to legislative committees dealing with criminal justice issues, the office of financial management, and criminal justice agencies and associations.
[ 2013 c 62 s 1; 2005 c 282 s 24; 1985 c 201 s 5; 1984 c 17 s 10.]

catchline: Compliance audit.


title: RCW 10.98.110

text:
(1) The department shall maintain records to track felony cases for convicted felons sentenced either to a term of confinement exceeding one year or ordered under the supervision of the department and felony cases under the jurisdiction of the department pursuant to interstate compact agreements.
(2) Tracking shall begin at the time the department receives a judgment and sentence form from a prosecuting attorney and shall include the collection and updating of felons' criminal records from the time of sentencing through discharge.
(3) The department of corrections shall collect information for tracking felons from its offices and from information provided by county clerks, the Washington state patrol *identification, child abuse, and criminal history section, the office of financial management, and any other public or private agency that provides services to help individuals complete their felony sentences.
[ 1999 c 143 s 52; 1993 c 31 s 1; 1987 c 462 s 2; 1984 c 17 s 11.]
Notes:
*Reviser's note: The "identification, child abuse, and criminal history section" was renamed the "identification and criminal history section" by 2006 c 294 s 1.
Effective dates—1987 c 462: See note following RCW 13.04.116.

catchline: Tracking felony cases.


title: RCW 10.98.130

text:
Local jails shall report to the office of financial management and that office shall transmit to the department the information on all persons convicted of felonies or incarcerated for noncompliance with a felony sentence who are admitted or released from the jails and shall promptly respond to requests of the department for such data. Information transmitted shall include but not be limited to the state identification number, whether the reason for admission to jail was a felony conviction or noncompliance with a felony sentence, and the dates of the admission and release.
The office of financial management may contract with a state or local governmental agency, or combination thereof, or a private organization for the information collection and transmittal under this section.
[ 1988 c 152 s 1; 1987 c 462 s 3; 1984 c 17 s 13.]
Notes:
Effective dates—1987 c 462: See note following RCW 13.04.116.

catchline: Local jail reports.


title: RCW 10.98.140

text:
(1) The section, the department, and the office of financial management shall be the primary sources of information for criminal justice forecasting. The information maintained by these agencies shall be complete, accurate, and sufficiently timely to support state criminal justice forecasting.
(2) The caseload forecast council shall keep records on all sentencings above or below the standard range defined by chapter 9.94A RCW. As a minimum, the records shall include the name of the offender, the crimes for which the offender was sentenced, the name and county of the sentencing judge, and the deviation from the standard range. Such records shall be made available to public officials upon request.
[ 2011 1st sp.s. c 40 s 32; 1987 c 462 s 4; 1985 c 201 s 6; 1984 c 17 s 14.]
Notes:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective dates—1987 c 462: See note following RCW 13.04.116.

catchline: Criminal justice forecasting—Sentencing records.


title: RCW 10.98.150

text:
The section and the department shall provide prompt responses to the requests of law enforcement agencies and jails regarding the status of suspected or convicted felons. Dissemination of individual identities, criminal histories, or the whereabouts of a suspected or convicted felon shall be in accordance with chapter 10.97 RCW, the Washington state criminal records privacy act.
[ 1984 c 17 s 15.]

catchline: Status reports on felons.


title: RCW 10.98.160

text:
In the development and modification of the procedures, definitions, and reporting capabilities of the section, the department, the office of financial management, and the responsible agencies and persons shall consider the needs of other criminal justice agencies such as the administrative office of the courts, local law enforcement agencies, local jails, the indeterminate sentence review board, the clemency board, prosecuting attorneys, and affected state agencies such as the office of financial management and legislative committees dealing with criminal justice issues. The Washington integrated justice information board shall review and provide recommendations to state justice agencies and the courts for development and modification of the statewide justice information network.
[ 2011 1st sp.s. c 40 s 33; 2005 c 282 s 25; 2003 c 104 s 2; 1999 c 143 s 53; 1987 c 462 s 5; 1984 c 17 s 16.]
Notes:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective dates—1987 c 462: See note following RCW 13.04.116.

catchline: Procedures, development considerations—Washington integrated justice information board, review and recommendations.


title: RCW 10.99.010

text:
The purpose of this chapter is to recognize the importance of domestic violence as a serious crime against society and to assure the victim of domestic violence the maximum protection from abuse which the law and those who enforce the law can provide. The legislature finds that the existing criminal statutes are adequate to provide protection for victims of domestic violence. However, previous societal attitudes have been reflected in policies and practices of law enforcement agencies and prosecutors which have resulted in differing treatment of crimes occurring between cohabitants and of the same crimes occurring between strangers. Only recently has public perception of the serious consequences of domestic violence to society and to the victims led to the recognition of the necessity for early intervention by law enforcement agencies. It is the intent of the legislature that the official response to cases of domestic violence shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated. Furthermore, it is the intent of the legislature that criminal laws be enforced without regard to whether the persons involved are or were married, cohabiting, or involved in a relationship.
[ 1979 ex.s. c 105 s 1.]

catchline: Purpose—Intent.


title: RCW 10.99.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.
(2) "Association" means the Washington association of sheriffs and police chiefs.
(3) "Dating relationship" has the same meaning as in RCW 7.105.010.
(4) "Domestic violence" includes but is not limited to any of the following crimes when committed either by (a) one family or household member against another family or household member, or (b) one intimate partner against another intimate partner:
(i) Assault in the first degree (RCW 9A.36.011);
(ii) Assault in the second degree (RCW 9A.36.021);
(iii) Assault in the third degree (RCW 9A.36.031);
(iv) Assault in the fourth degree (RCW 9A.36.041);
(v) Drive-by shooting (RCW 9A.36.045);
(vi) Reckless endangerment (RCW 9A.36.050);
(vii) Coercion (RCW 9A.36.070);
(viii) Burglary in the first degree (RCW 9A.52.020);
(ix) Burglary in the second degree (RCW 9A.52.030);
(x) Criminal trespass in the first degree (RCW 9A.52.070);
(xi) Criminal trespass in the second degree (RCW 9A.52.080);
(xii) Malicious mischief in the first degree (RCW 9A.48.070);
(xiii) Malicious mischief in the second degree (RCW 9A.48.080);
(xiv) Malicious mischief in the third degree (RCW 9A.48.090);
(xv) Kidnapping in the first degree (RCW 9A.40.020);
(xvi) Kidnapping in the second degree (RCW 9A.40.030);
(xvii) Unlawful imprisonment (RCW 9A.40.040);
(xviii) Violation of the provisions of a restraining order, no-contact order, or protection order restraining or enjoining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, a protected party's person, or a protected party's vehicle (chapter 7.105 RCW, or RCW 10.99.040, 10.99.050, 26.09.300, * 26.10.220, 26.26B.050, 26.44.063, 26.44.150, or 26.52.070, or any of the former RCW 26.50.060, 26.50.070, 26.50.130, and 74.34.145);
(xix) Rape in the first degree (RCW 9A.44.040);
(xx) Rape in the second degree (RCW 9A.44.050);
(xxi) Residential burglary (RCW 9A.52.025);
(xxii) Stalking (RCW 9A.46.110); and
(xxiii) Interference with the reporting of domestic violence (RCW 9A.36.150).
(5) "Electronic monitoring" means the same as in RCW 9.94A.030.
(6) "Employee" means any person currently employed with an agency.
(7) "Family or household members" means: (a) Adult persons related by blood or marriage; (b) adult persons who are presently residing together or who have resided together in the past; and (c) persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.
(8) "Intimate partners" means: (a) Spouses or domestic partners; (b) former spouses or former domestic partners; (c) persons who have a child in common regardless of whether they have been married or have lived together at any time; (d) adult persons presently or previously residing together who have or have had a dating relationship; (e) persons 16 years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship; or (f) persons 16 years of age or older with whom a person 16 years of age or older has or has had a dating relationship.
(9) "Sworn employee" means a general authority Washington peace officer as defined in RCW 10.93.020, any person appointed under RCW 35.21.333, and any person appointed or elected to carry out the duties of the sheriff under chapter 36.28 RCW.
(10) "Victim" means a family or household member or an intimate partner who has been subjected to domestic violence.
[ 2021 c 215 s 121. Prior: 2020 c 296 s 5; prior: 2019 c 263 s 203; 2019 c 46 s 5014; 2004 c 18 s 2; 2000 c 119 s 5; 1997 c 338 s 53; 1996 c 248 s 5; 1995 c 246 s 21; 1994 c 121 s 4; 1991 c 301 s 3; 1986 c 257 s 8; 1984 c 263 s 20; 1979 ex.s. c 105 s 2.]
Notes:
*Reviser's note: RCW 26.10.220 was repealed by 2020 c 312 s 905.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Short title—2020 c 296: See note following RCW 9.94A.030.
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Intent—Definition of domestic violence—2019 c 263 ss 202-205: See note following RCW 10.01.240.
Findings—Intent—2004 c 18: "The legislature reaffirms its determination to reduce the incident rate of domestic violence. The legislature finds it is appropriate to help reduce the incident rate of domestic violence by addressing the need for improved coordination and accountability among general authority Washington law enforcement agencies and general authority Washington peace officers when reports of domestic violence are made and the alleged perpetrator is a general authority Washington peace officer. The legislature finds that coordination and accountability will be improved if general authority Washington law enforcement agencies adopt policies that meet statewide minimum requirements for training, reporting, interagency cooperation, investigation, and collaboration with groups serving victims of domestic violence. The legislature intends to provide maximum flexibility to general authority Washington law enforcement agencies, consistent with the purposes of this act, in their efforts to improve coordination and accountability when incidents of domestic violence committed or allegedly committed by general authority Washington peace officers are reported." [ 2004 c 18 s 1.]
Application—2000 c 119: See note following RCW 10.31.100.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—1991 c 301: "The legislature finds that:
The collective costs to the community for domestic violence include the systematic destruction of individuals and their families, lost lives, lost productivity, and increased health care, criminal justice, and social service costs.
Children growing up in violent homes are deeply affected by the violence as it happens and could be the next generation of batterers and victims.
Many communities have made headway in addressing the effects of domestic violence and have devoted energy and resources to stopping this violence. However, the process for breaking the cycle of abuse is lengthy. No single system intervention is enough in itself.
An integrated system has not been adequately funded and structured to assure access to a wide range of services, including those of the law/safety/justice system, human service system, and health care system. These services need to be coordinated and multidisciplinary in approach and address the needs of victims, batterers, and children from violent homes.
Given the lethal nature of domestic violence and its effect on all within its range, the community has a vested interest in the methods used to stop and prevent future violence. Clear standards of quality are needed so that perpetrator treatment programs receiving public funds or court-ordered referrals can be required to comply with these standards.
While incidents of domestic violence are not caused by perpetrator's use of alcohol and illegal substances, substance abuse may be a contributing factor to domestic violence and the injuries and deaths that result from it.
There is a need for consistent training of professionals who deal frequently with domestic violence or are in a position to identify domestic violence and provide support and information.
Much has been learned about effective interventions in domestic violence situations; however, much is not yet known and further study is required to know how to best stop this violence." [ 1991 c 301 s 1.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 ss 3-10: See note following RCW 9A.04.110.
Domestic violence defined for protection orders: RCW 7.105.010.