HB 1041 — Concerning sunshine committee recommendations regarding juveniles.

ENGROSSEDH-0167.1 SUBSTITUTE HOUSE BILL 1041 State of Washington 67th Legislature 2021 Regular Session By House State Government & Tribal Relations (originally sponsored by Representatives Springer, Cody, Ortiz-Self, Gregerson, Frame, and Jacobsen)Jacobsen READPrefiled FIRST12/22/20. TIME 02/01/21.

Read first time 01/11/21.

Referred to Committee on State Government & Tribal Relations.

1 ESHBHB 1041 (6) "Advocate" means any person, including a family member not accused of a crime, who provides support to a child victim or child witness during any legal proceeding.

(8) "Identifying information," ((means)) of a living child victim or witness, includes the child's name, ((address,))address, home and other physical addresses, telephone number, email address, social media identifier, image, location((, and photograph, and in cases in which the child is a relative or stepchild of the alleged perpetrator, identification of)) of the child (except the location of the assault when it is not the child's address), and the surname of the child's parent if it is the same as the child's and the parent is not the alleged perpetrator.

Except as provided in RCW 7.69A.050 regarding child victims or child witnesses of violent crimes, sex crimes, or child abuse, the enumeration of rights shall not be construed to create substantive rights and duties, and the application of an enumerated right in an individual case is subject to the discretion of the law enforcement p.

2 ESHBHB 1041 individual case is subject to the discretion of the law enforcement agency, prosecutor, or judge.

(8) To allow an advocate to be present in court while the child testifies in order to provide emotional support to the child.

3 ESHBHB 1041 (8)(9) To allowprovide aninformation advocateto the court as to bethe presentneed infor the presence of other supportive persons at the court proceedings while the child testifies in order to providepromote emotionalthe supportchild's tofeelings theof child.security and safety.

(9) To provide information to the court as to the need for the presence of other supportive persons at the court proceedings while the child testifies in order to promote the child's feelings of security and safety.

Prior to release of any criminal history record information, the releasing agency shall delete any contact information or information identifying a child victim of p.sexual assault from the information except as provided in this section.

4p. ESHB 1041 sexual assault from the information except as provided in this section.

4 HB 1041 (2) This section does not apply to court documents or other materials admitted in open judicial proceedings.

(6) Notwithstanding any other provision of this chapter, the((the release, to the juvenile or his or her attorney, ofof)) law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall((shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.prosecutions)) must be released to the juvenile offender or his or her attorney, parent, or legal guardian upon request.

5 ESHBHB 1041 jeopardize)) redaction is necessary to avoid jeopardizing the investigation or prosecution or ((endanger)) endangering witnesses((.

6 ESHBHB 1041 family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.

The following personal information is exempt from public inspection and copying under this chapter:chapter , unless the agency has received consent for disclosure from the subject of the information or, in the case of a child, from the child's parent or guardian:

(1)(a)(1) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.recipients;

(b) Personal information of children under this subsection (1) may be disclosed if the agency has received written consent for disclosure from the child's parent or guardian;

(ii) For a child enrolled in a public or nonprofit program serving or pertaining to children, adolescents, or students, including but not limited to early learning or child care services, p.

7 ESHBHB 1041 including but not limited to early learning or child care services, parks and recreation programs, youth development programs, and after- school programs;

(b) Emergency contact information under this subsection (2) may be provided to appropriate authorities and medical personnel for the purpose of treating the individual during an emergency situationsituation; .

(c) Personal information of children under this subsection (2) may be disclosed if the agency has received written consent for disclosure from the child's parent or guardian;

p.(b) Information provided under RCW 46.20.111 that indicates that an applicant declined to register with the selective service system.

8(c) ESHBAny 1041record (b)pertaining Informationto provideda vehicle license plate, driver's license, or identicard issued under RCW 46.20.11146.08.066 thatthat, indicatesalone thator anin applicantcombination declinedwith toany registerother withrecords, may reveal the selectiveidentity serviceof system.an p.

(c)8 AnyHB record1041 pertaining to a vehicle license plate, driver's license, or identicard issued under RCW 46.08.066 that, alone or in combination with any other records, may reveal the identity of an individual, or reveal that an individual is or was, performing an undercover or covert law enforcement, confidential public health work, public assistance fraud, or child support investigative activity.

(11) All information submitted by a person to the state, either directly or through a state-licensed gambling establishment, or Indian tribes, or tribal enterprises that own gambling operations or p.facilities with class III gaming compacts, as part of the self- exclusion program established in RCW 9.46.071 or 67.70.040 for people with a gambling problem or gambling disorder;

9and ESHBp. 1041 facilities with class III gaming compacts, as part of the self- exclusion program established in RCW 9.46.071 or 67.70.040 for people with a gambling problem or gambling disorder;

and9 HB 1041 (12) Names, addresses, or other personal information of individuals who participated in the bump-fire stock buy-back program under RCW 43.43.920.

(3) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the p.Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b);

10p. ESHB 1041 Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b);

10 HB 1041 (4) License applications under RCW 9.41.070;

p.(12) The following security threat group information collected and maintained by the department of corrections pursuant to RCW 72.09.745:

11(a) ESHBInformation 1041that (12)could Thelead followingto security threat group information collected and maintained by the departmentidentification of correctionsa pursuantp. to RCW 72.09.745:

(a)11 InformationHB that1041 could lead to the identification of a person's security threat group status, affiliation, or activities;

If at the p.time of recording the victim or witness indicates a desire for disclosure or nondisclosure of the recorded identity or communications, such desire shall govern;

12 ESHB 1041 time of recording the victim or witnessp. indicates a desire for disclosure or nondisclosure of the recorded identity or communications, such desire shall govern;

or12 HB 1041 (vii) The identifiable location information of a community-based domestic violence program as defined in RCW 70.123.020, or emergency shelter as defined in RCW 70.123.020.

The attorney must explain the relevancy of the requested body worn camera recording to p.the cause of action and specify that he or she is seeking relief from redaction costs under this subsection (14)(e).

13p. ESHB 1041 the cause of action and specify that he or she is seeking relief from redaction costs under this subsection (14)(e).