RCW 43.43.762
Criminal street gang database—Information exempt from public disclosure.
The Washington association of sheriffs and police chiefs shall work with the Washington state patrol to coordinate, designate, and recommend the use of a statewide database accessible by law enforcement agencies that utilizes existing resources, networks, or structures for assessing and addressing the problems associated with criminal street gangs.
(1) The gang database shall comply with federal regulations for state law enforcement databases shared with other law enforcement agencies, including auditing and access to data.
(2) The Washington state patrol, in consultation with the Washington state association of sheriffs and police chiefs, shall adopt uniform state criteria for entering gangs, gang members, and gang associates into the database. Data on individuals may be entered only based on reasonable suspicion of criminal activity or actual criminal activity and must be supported by documentation, where documentation is available.
(3) Information in the database shall be available to all local, state, and federal general authority law enforcement agencies, the Washington department of corrections, and the juvenile rehabilitation administration of the Washington department of social and health services solely for gang enforcement and for tracking gangs, gang members, and gang incidents. Information in the database shall not be available for public use.
(4) The database shall provide an internet-based multiagency, multilocation, information-sharing application that operates in a network fashion.
(5) The database shall be used solely as a law enforcement intelligence tool and shall not be used as evidence in any criminal, civil, or administrative proceeding. Law enforcement may use the information within the database to obtain information external to the database to formulate the probable cause necessary to make a stop or arrest. The mere existence of information relating to an individual within the database does not by itself justify a stop or arrest.
(6) Access to the database shall be determined by the chief executive officer of each participating agency. Information about specific individuals in the database shall be automatically expunged if: (a) No new or updated information has been entered into the database within the previous five years; (b) there are no pending criminal charges against such person in any court in this state or another state or in any federal court; (c) the person has not been convicted of a new crime in this state, another state, or federal court within the last five years; and (d) it has been five years since the person completed his or her term of total confinement.
(7) Each law enforcement and criminal justice agency using the database is required to:
(a) Identify a system administrator that is responsible for annually auditing the use of the system within his or her respective agency to ensure agency compliance with policies established for the use of the database;
(b) Ensure that all users of the database receive training on the use of the database before granting the users access to the database;
(c) Ensure that any information entered into the database relates to a criminal street gang associate or gang member who is twelve years old or older;
(d) Annually produce a gang threat assessment report including available data sources such as uniform crime reports, record management systems, and entries into the statewide gang database. Local public schools shall also be encouraged to provide data to the local gang threat assessment report.
(8) The database and all contents in the database are confidential and exempt from public disclosure under chapter 42.56 RCW.
(9) Any public employee or public agency as defined in RCW 4.24.470, or units of local government and its employees, as provided in RCW 36.28A.010, and the Washington association of sheriffs and police chiefs and its employees are immune from civil liability for damages arising from incidents involving a person who has been included in the database, unless it is shown that an employee acted with gross negligence or bad faith.
[ 2008 c 276 § 201.]
NOTES:
Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.43 - Washington State Patrol.
43.43.005 - Comprehensive outreach and marketing strategic plan.
43.43.012 - Chief for a day program.
43.43.013 - Donations, gifts, conveyances, devises, and grants.
43.43.015 - Affirmative action.
43.43.020 - Appointment of personnel.
43.43.030 - Powers and duties—Peace officers.
43.43.037 - Legislature—Security and protection—Duty to provide.
43.43.040 - Disability of patrol officers.
43.43.050 - Tenure of patrol officers.
43.43.060 - Suspension or demotion of probationary officers.
43.43.080 - Criminal complaint—Authority to suspend officer—Hearing.
43.43.090 - Procedure at hearing.
43.43.110 - Reinstatement on acquittal.
43.43.111 - Patrol officer vehicle accidents.
43.43.112 - Private law enforcement off-duty employment—Guidelines.
43.43.115 - Real property—Sale or disposal of surplus—Distribution of proceeds.
43.43.120 - Patrol retirement system—Definitions.
43.43.130 - Retirement fund created—Membership.
43.43.135 - Membership in more than one retirement system.
43.43.138 - Establishing, restoring service credit.
43.43.139 - Membership while serving as state legislator—Conditions.
43.43.142 - Retirement board abolished—Transfer of powers, duties, and functions.
43.43.165 - Board may receive contributions from any source.
43.43.220 - Retirement fund—Expenses.
43.43.230 - Total service credit.
43.43.233 - Purchase of additional service credit—Costs—Rules.
43.43.235 - Service credit for paid leave of absence.
43.43.250 - Retirement of members.
43.43.260 - Benefits—Military service credit.
43.43.263 - Effect of certain accumulated vacation leave on retirement benefits.
43.43.264 - Benefit calculation—Limitation.
43.43.274 - Minimum retirement allowance—Annual adjustment.
43.43.278 - Retirement option.
43.43.286 - Rights reserved to the legislature—No future contractual rights.
43.43.290 - Status in case of disablement.
43.43.295 - Accumulated contributions—Payment upon death of member.
43.43.315 - Optional actuarially equivalent life annuity benefit.
43.43.320 - Penalty for falsification.
43.43.330 - Examinations for promotion.
43.43.340 - Eligible list, and promotions therefrom—Affirmative action.
43.43.350 - Determination of eligibility for examination for promotion.
43.43.360 - Probationary period.
43.43.370 - Staff or technical officers.
43.43.380 - Minimum salaries—Report.
43.43.390 - Bicycle awareness program—Generally.
43.43.395 - Ignition interlock devices—Standards—Compliance.
43.43.3952 - Ignition interlock devices—Officer required to report violations—Liability.
43.43.396 - Ignition interlock devices—Fee schedule and fee collection—Report—Fee deposit.
43.43.400 - Aquatic invasive species inspection and training.
43.43.480 - Routine traffic enforcement information.
43.43.500 - Crime information center—Established—Purpose—Functions.
43.43.530 - Crime information center—Cost of terminal facilities.
43.43.540 - Sex offenders and kidnapping offenders—Central registry—Reimbursement to counties.
43.43.545 - Statewide sexual assault kit tracking system.
43.43.550 - Traffic safety education officers—Powers—Pay and reimbursement.
43.43.560 - Automatic fingerprint information system—Report.
43.43.580 - Firearms background check unit—Automated firearms background check system—Fee.
43.43.585 - Washington background check advisory board.
43.43.590 - State firearms background check system account.
43.43.600 - Drug control assistance unit—Created.
43.43.610 - Drug control assistance unit—Duties.
43.43.630 - Drug control assistance unit—Use of existing facilities and systems.
43.43.640 - Drug control assistance unit—Certain investigators exempt from state civil service act.
43.43.650 - Drug control assistance unit—Employment of necessary personnel.
43.43.655 - Drug control assistance unit—Special narcotics enforcement unit.
43.43.670 - Bureau of forensic laboratory services—Powers—Priorities.
43.43.680 - Controlled substance, simulator solution analysis—Prima facie evidence.
43.43.690 - Crime laboratory analysis fee—Court imposition—Collection.
43.43.700 - Identification and criminal history section.
43.43.705 - Identification data—Processing procedure—Definitions.
43.43.710 - Availability of information.
43.43.715 - Identification—Cooperation with other criminal justice agencies.
43.43.720 - Local identification and records systems—Assistance.
43.43.725 - Records as evidence.
43.43.730 - Records—Inspection—Copying—Requests for purge or modification—Appeals.
43.43.740 - Photographing and fingerprinting—Transmittal of data.
43.43.742 - Submission of fingerprints taken from persons for noncriminal purposes—Fees.
43.43.750 - Use of force to obtain identification information—Liability.
43.43.751 - Biological samples for missing persons investigations.
43.43.752 - DNA identification system—Plan—Report.
43.43.753 - Findings—DNA identification system—DNA database—DNA data bank.
43.43.7532 - DNA identification system—DNA database account.
43.43.7541 - DNA identification system—Collection of biological samples—Fee.
43.43.756 - DNA identification system—Analysis, assistance, and testimony services.
43.43.758 - DNA identification system—Local law enforcement systems—Limitations.
43.43.759 - DNA identification system—Rule-making requirements.
43.43.760 - Personal identification—Requests—Purpose—Applicants—Fee.
43.43.762 - Criminal street gang database—Information exempt from public disclosure.
43.43.765 - Reports of transfer, release or changes as to committed or imprisoned persons—Records.
43.43.770 - Unidentified deceased persons.
43.43.775 - Interagency contracts.
43.43.780 - Transfer of records, data, equipment to section.
43.43.785 - Criminal justice services—Consolidation—Establishment of program.
43.43.800 - Criminal justice services programs—Duties of executive committee.
43.43.830 - Background checks—Access to children or vulnerable persons—Definitions.
43.43.8321 - Background checks—Dissemination of conviction record information.
43.43.833 - Background checks—State immunity.
43.43.836 - Disclosure to individual of own record—Fee.
43.43.838 - Record checks—Transcript of conviction record—Fees—Immunity—Rules.
43.43.839 - Fingerprint identification account.
43.43.850 - Organized crime intelligence unit—Created.
43.43.852 - "Organized crime" defined.
43.43.854 - Powers and duties of organized crime intelligence unit.
43.43.870 - Missing children clearinghouse and hotline, duties of state patrol.
43.43.874 - Missing and murdered indigenous women, other indigenous persons—Liaison positions.
43.43.876 - Missing and murdered indigenous women, other indigenous persons—Protocol—Training.
43.43.885 - Scrap metal no-buy list database program.
43.43.912 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
43.43.930 - State fire protection services—Intent.
43.43.934 - Director of fire protection—Duties.
43.43.938 - Director of fire protection—Appointment—Duties.
43.43.940 - Fire service training program—Grants and bequests.
43.43.942 - Fire service training—Fees and fee schedules.
43.43.944 - Fire service training account.
43.43.946 - Fire services trust fund.
43.43.948 - Fire services trust fund—Expenditures.
43.43.950 - Fire service training center bond retirement account of 1977.
43.43.952 - Arson investigation information system—Findings—Intent.
43.43.960 - State fire service mobilization—Definitions.
43.43.961 - State fire service mobilization—Legislative declaration and intent.
43.43.964 - State fire service mobilization—Development of reimbursement procedures.
43.43.970 - Law enforcement mobilization—Definitions.
43.43.973 - State law enforcement mobilization—State law enforcement coordinator—Duties.