wa-26-19-129: Washington State Patrol — WSR 26-19-129

WSR 26-19-129 (26-19)WSR 26-19-129PROPOSED RULESWASHINGTON STATE PATROL[Filed September 23, 2026, 5:54 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-16-037.Hearing Location(s): On October 27, 2026, at 9:00 a.m., at Washington State Patrol (WSP), Helen Somers Building, 106 11th Street S.E., Room 4020, Olympia, WA 98507 [98501].Date of Intended Adoption: October 27, 2026.Submit Written Comments to: Kimberly Mathis, Rules Coordinator, 106 11th Street S.E., Olympia, WA 98507 [98501], email wsprules@wsp.wa.gov, beginning September 23, 2026, 12:00 p.m., by October 27, 2026, 10:00 a.m.Assistance for Persons with Disabilities: Contact Kimberly Mathis, rules coordinator, phone 360-596-4017, email wsprules@wsp.wa.gov, by October 26, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amendments to chapters 446-16 and 446-20 WAC to update organization references within WSP.Reasons Supporting Proposal: The proposed amendments update organizational references in chapters 446-16 and 446-20 WAC to reflect WSP's current organizational structure. The changes are administrative and technical in nature and are intended to improve clarity, accuracy, and consistency. The amendments do not change existing processes, responsibilities, or requirements.Statutory Authority for Adoption: Chapters 10.97 and 43.43 RCW.Statute Being Implemented: Chapters 10.97 and 43.43 RCW.Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: WSP, governmental.Name of Agency Personnel Responsible for Drafting: Kimberly Mathis, Olympia, Washington, 360-596-4017; Implementation and Enforcement: WSP, Olympia, Washington, 360-534-2101.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required per RCW 34.05.328 (5)(a)(i)-(ii) and (b)(iii).This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.Is exempt under RCW 19.85.025(4).Scope of exemption for rule proposal:Is fully exempt.September 23, 2026John R. BatisteChiefRDS-7333.1AMENDATORY SECTION(Amending WSR 21-01-075, filed 12/10/20, effective 1/10/21)WAC 446-16-010Definitions.For the purposes of these rules, the following words and phrases will have the following meanings:(1) "Criminal history record information" includes, and will be restricted to identifying data and information recorded as the result of an arrest or other initiation of criminal proceedings and the consequent proceedings related thereto. "Criminal history record information" will not include intelligence, analytical or investigative reports and files.(2) "Criminal justice agencies" are those public agencies within or outside the state which perform, as a principal function, activities directly relating to the apprehension, prosecution, adjudication or rehabilitation of criminal offenders.(3) "Disposition" means the formal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system.(4) "Division" means the ((criminal records))justice information division of the Washington state patrol.RDS-7334.1AMENDATORY SECTION(Amending WSR 21-05-044, filed 2/11/21, effective 3/14/21)WAC 446-20-020Definitions.For the purpose of this section the following apply:(1) The definitions in RCW 10.97.030 will apply to these regulations.(2) The definitions as enumerated in RCW 43.43.830 through 43.43.845, and as amended by chapter 9A.44 RCW, "An act relating to child and adult abuse information," will apply whenever applicable in these regulations.(3) "Nonconviction data" has the meaning set forth in RCW 10.97.030 (2) and (8).(4) "Division" means the ((criminal records))justice information division of the Washington state patrol.(5) "The administration of criminal justice" has the meaning set forth in RCW 10.97.030(1), but does not include crime prevention activities (if that is the sole function of the program or agency) or criminal defense activities.AMENDATORY SECTION(Amending WSR 21-05-044, filed 2/11/21, effective 3/14/21)WAC 446-20-090Inspection of record by the subject of record.(1) Any person desiring to inspect his or her criminal history record information or request a copy of his or her nonconviction data for a reasonable fee may do so at the central records keeping office of any criminal justice agency or at the Washington state patrol ((criminal records))justice information division, during normal business hours, Monday through Friday, excepting legal holidays.(2) Any person desiring to inspect his or her criminal history record information or request a copy of his or her nonconviction data for a reasonable fee must first permit his or her fingerprints to be taken by the criminal justice agency for identification purposes. The criminal justice agency in its discretion may accept other identification in lieu of fingerprints.(3) A reasonable period of time, not to exceed ((thirty))30 minutes, will be allowed each individual to visually examine criminal history record information pertaining to himself or herself.(4) If any person who desires to examine his or her criminal history record information is unable to read or is otherwise unable to examine same because of a physical disability, he or she may designate another person of their own choice to assist him or her. The person about whom the information pertains must execute, with his or her mark, a form provided by the criminal justice agency consenting to the inspection of criminal history information pertaining to himself or herself by another person for the purpose of it being read or otherwise described to him or her. Such designated person will then be permitted to read or otherwise describe or translate the criminal history record information to the person about whom it pertains.(5) Each criminal justice agency will develop procedures to ensure that no individual improperly retains or mechanically reproduces nonconviction data during the process of inspection.AMENDATORY SECTION(Amending WSR 21-05-044, filed 2/11/21, effective 3/14/21)WAC 446-20-160Review of refusal to alter record.A person who is the subject of a criminal record and who disagrees with the refusal of the agency maintaining or submitting the record to correct, complete, or delete the record, may request a review of the refusal within ((twenty))20 business days of the date of receipt of such refusal. The request for review must be in writing. If review is requested in the time allowed, the head of the agency whose record or submission has been challenged must complete the review within ((thirty))30 days and make a final determination of the challenge. The head of the agency may extend the ((thirty))30-day period for an additional period not to exceed ((thirty))30 business days. If the head of the agency determines that the challenge should not be allowed, he or she must state his or her reasons in a written decision, a copy of which must be provided to the subject of the record. Denial by the agency head will constitute a final decision under RCW 34.05.570. Notwithstanding this section, RCW 43.43.730 governs an individual's request to the Washington state patrol ((criminal records))justice information division to purge, modify, or supplement that individual's criminal history record information on file with the Washington state patrol ((criminal records))justice information division.AMENDATORY SECTION(Amending WSR 21-05-044, filed 2/11/21, effective 3/14/21)WAC 446-20-450CHRI challenge form.chri challenge form(request for modification of chri)RCW 10.97.080/WAC 446-20-120agency. . . . agency case no. . . . .address. . . . date. . . . . . . . I, (Print Name) , Date of Birth hereby acknowledge receipt this date, . . . . . . . . , of a copy of a Washington State Patrol ((Criminal Records))Justice Information Division RAPsheet bearing SID number . . . . . . , consisting of . . . . page(s) and identified as a history of criminal offenses charged to me.I challenge the following specific portion(s) of the CHRI as being inaccurate or incomplete:Agency Case No. Date Charge. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .and request modification to read:I further request that the following designated persons or agencies who have received copies of the record be advised of the modifications.  . . . .(Signature of Requestor)Prints of right four fingers taken simultaneously togetherAMENDATORY SECTION(Amending WSR 21-05-044, filed 2/11/21, effective 3/14/21)WAC 446-20-515Photograph/fingerprint requirement.Registration requires the offender be fingerprinted and photographed and also provide the sheriff with the following information which must be forwarded to the Washington state patrol ((criminal records))justice information division within five working days:Name;Address;Date of birth;Place of birth;Social Security number;Institution of higher education enrolled, attending;Place of employment;Crime for which convicted;Date/place of conviction; andAliases used.AMENDATORY SECTION(Amending WSR 21-05-044, filed 2/11/21, effective 3/14/21)WAC 446-20-520Photographs.Photographs must be in color. These are not to be file photographs. A new photograph is required.For paper submissions, write full name, date of birth, and state identification number (SID). Paperclip (no staples please) the photograph to the fingerprint card with the registration information completed and forward to Washington state patrol, ((criminal records))justice information division. For electronic submissions, current color photographs added to OffenderWatch can be electronically uploaded to the Washington state patrol database.AMENDATORY SECTION(Amending WSR 21-05-044, filed 2/11/21, effective 3/14/21)WAC 446-20-525Change of address form.Registered sex and kidnapping offenders who change residence within the same county are required to submit change of address information to the county sheriff within three days.Registered sex and kidnapping offenders who change residence from one county to another are required to register with the new county of residence within three days of moving and must provide written notice of the change of address or in person to the county sheriff with whom the offender last registered.County sheriffs must forward "change of address" information to the Washington state patrol ((criminal records))justice information division within five working days upon receipt.AMENDATORY SECTION(Amending WSR 21-05-044, filed 2/11/21, effective 3/14/21)WAC 446-20-610Superintendent of public instruction—Prospective educational employees—Fees.(1) In addition to the state search, an FBI search is required for requests submitted under chapter 28A.410 RCW. One fingerprint card is required to be submitted to the Washington state patrol ((criminal records))justice information division.(2) Appropriate nonrefundable fees are to be charged and made payable to the Washington state patrol for searches conducted under chapter 28A.410 RCW.(3) Prospective employees hired by the superintendent of public instruction, educational service districts, school districts and/or their contractors must pay the appropriate fees for state and federal fingerprint checks conducted under chapter 28A.410 RCW.(4) Fees are to be deposited in the Washington state patrol fingerprint identification account.AMENDATORY SECTION(Amending WSR 21-05-044, filed 2/11/21, effective 3/14/21)WAC 446-20-630Department of social and health services—Child care licensing—Fees.(1) In addition to the state search, an FBI search is required for requests submitted under chapter 74.15 RCW. One fingerprint card is required to be submitted to the Washington state patrol ((criminal records))justice information division.(2) Department of social and health services (DSHS) will process fingerprint background checks under chapter 74.15 RCW, RCW 43.43.837 and 43.20A.710.(3) All nonrefundable fees collected will be deposited into the Washington state patrol fingerprint identification account.(4) A nonrefundable state and FBI fee will be charged on fingerprint cards clearly designated as "volunteer" pursuant to the provisions under Section 3e of the National Child Care Protection Act of 1993 as amended by the Crime Control Act of 1994."RCW 43.43.837" and "volunteer" must be entered in the "reason fingerprinted" box on the fingerprint card submitted. Failure to indicate "volunteer" and the RCW citation on fingerprint cards will result in full fees being charged.