CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 2056
Chapter 303, Laws of 2024
68th Legislature
2024 Regular Session
SUPREME COURT BAILIFFS—INVESTIGATIVE AUTHORITY
EFFECTIVE DATE: June 6, 2024
Passed by the House March 5, 2024 CERTIFICATE
Yeas 96 Nays 0
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives SUBSTITUTE HOUSE BILL 2056 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate March 1, 2024
Yeas 49 Nays 0
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved March 26, 2024 1:57 PM FILED
March 27, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
SUBSTITUTE HOUSE BILL 2056
AS AMENDED BY THE SENATE
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By House Civil Rights & Judiciary (originally sponsored by
Representatives Goodman, Cheney, and Reeves; by request of
Administrative Office of the Courts)
READ FIRST TIME 01/17/24.
1 AN ACT Relating to information sharing and limited investigative
2 authority of supreme court bailiffs; amending RCW 10.97.050; and
3 adding a new section to chapter 2.04 RCW.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 NEW SECTION. Sec. 1. A new section is added to chapter 2.04 RCW
6 to read as follows:
7 (1) Bailiffs of the supreme court are authorized to conduct
8 threat assessments on behalf of supreme court justices. The supreme
9 court shall ensure that supreme court bailiffs are qualified by
10 training and experience.
11 (2) Bailiffs of the supreme court are authorized to receive
12 criminal history record information that includes nonconviction data
13 for purposes exclusively related to the investigation of any person
14 making a threat as defined in RCW 9A.04.110 against a supreme court
15 justice. Dissemination or use of criminal history records or
16 nonconviction data for purposes other than authorized in this section
17 is prohibited.
18 (3) Founded threats investigated under this section must be
19 referred to local law enforcement for further action. Local law
20 enforcement is authorized to report the outcome and any anticipated
21 action to bailiffs of the supreme court.
p. 1 SHB 2056.SL
1 Sec. 2. RCW 10.97.050 and 2023 c 26 s 1 are each amended to read
2 as follows:
3 (1) Conviction records may be disseminated without restriction.
4 (2) Any criminal history record information which pertains to an
5 incident that occurred within the last twelve months for which a
6 person is currently being processed by the criminal justice system,
7 including the entire period of correctional supervision extending
8 through final discharge from parole, when applicable, may be
9 disseminated without restriction.
10 (3) Criminal history record information which includes
11 nonconviction data may be disseminated by a criminal justice agency
12 to another criminal justice agency for any purpose associated with
13 the administration of criminal justice, or in connection with the
14 employment of the subject of the record by a criminal justice or
15 juvenile justice agency, except as provided under RCW 13.50.260. A
16 criminal justice agency may respond to any inquiry from another
17 criminal justice agency without any obligation to ascertain the
18 purpose for which the information is to be used by the agency making
19 the inquiry.
20 (4) Criminal history record information which includes
21 nonconviction data may be disseminated by a criminal justice agency
22 to implement a statute, ordinance, executive order, or a court rule,
23 decision, or order which expressly refers to records of arrest,
24 charges, or allegations of criminal conduct or other nonconviction
25 data and authorizes or directs that it be available or accessible for
26 a specific purpose.
27 (5) Criminal history record information which includes
28 nonconviction data may be disseminated to individuals and agencies
29 pursuant to a contract with a criminal justice agency to provide
30 services related to the administration of criminal justice. Such
31 contract must specifically authorize access to criminal history
32 record information, but need not specifically state that access to
33 nonconviction data is included. The agreement must limit the use of
34 the criminal history record information to stated purposes and insure
35 the confidentiality and security of the information consistent with
36 state law and any applicable federal statutes and regulations.
37 (6) Criminal history record information which includes
38 nonconviction data may be disseminated to individuals and agencies
39 for the express purpose of research, evaluative, or statistical
40 activities pursuant to an agreement with a criminal justice agency.
p. 2 SHB 2056.SL
1 Such agreement must authorize the access to nonconviction data, limit
2 the use of that information which identifies specific individuals to
3 research, evaluative, or statistical purposes, and contain provisions
4 giving notice to the person or organization to which the records are
5 disseminated that the use of information obtained therefrom and
6 further dissemination of such information are subject to the
7 provisions of this chapter and applicable federal statutes and
8 regulations, which shall be cited with express reference to the
9 penalties provided for a violation thereof.
10 (7) Criminal history record information that includes
11 nonconviction data may be disseminated to the state auditor solely
12 for the express purpose of conducting a process compliance audit
13 procedure and review of any deadly force investigation pursuant to
14 RCW 43.101.460. Dissemination or use of nonconviction data for
15 purposes other than authorized in this subsection is prohibited.
16 (8) Criminal history record information that includes
17 nonconviction data may be disseminated to bailiffs of the supreme
18 court solely for the express purpose of investigations under section
19 1 of this act. Dissemination or use of nonconviction data for
20 purposes other than authorized in this subsection is prohibited.
21 (9) Every criminal justice agency that maintains and disseminates
22 criminal history record information must maintain information
23 pertaining to every dissemination of criminal history record
24 information except a dissemination to the effect that the agency has
25 no record concerning an individual. Information pertaining to
26 disseminations shall include:
27 (a) An indication of to whom (agency or person) criminal history
28 record information was disseminated;
29 (b) The date on which the information was disseminated;
30 (c) The individual to whom the information relates; and
31 (d) A brief description of the information disseminated.
32 The information pertaining to dissemination required to be
33 maintained shall be retained for a period of not less than one year.
34 (((9))) (10) In addition to the other provisions in this section
35 allowing dissemination of criminal history record information, RCW
36 4.24.550 governs dissemination of information concerning offenders
37 who commit sex offenses as defined by RCW 9.94A.030. Criminal justice
38 agencies, their employees, and officials shall be immune from civil
39 liability for dissemination on criminal history record information
40 concerning sex offenders as provided in RCW 4.24.550.
p. 3 SHB 2056.SL
Passed by the House March 5, 2024.
Passed by the Senate March 1, 2024.
Approved by the Governor March 26, 2024.
Filed in Office of Secretary of State March 27, 2024.
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p. 4 SHB 2056.SL
Statutes affected: Original Bill: 10.97.050
Substitute Bill: 10.97.050
Bill as Passed Legislature: 10.97.050
Session Law: 10.97.050