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WA Legislation Restricting Prisoner Access to Public Records 2009 Parmelee Bill

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CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5130
Chapter 10, Laws of 2009
61st Legislature
2009 Regular Session
PUBLIC RECORDS--ACCESS--INMATES

EFFECTIVE DATE: 03/20/09

Passed by the Senate March 20, 2009
YEAS 43 NAYS 0
BRAD OWEN
President of the Senate
Passed by the House March 18, 2009
YEAS 94 NAYS 2
FRANK CHOPP

CERTIFICATE
I, Thomas Hoemann, Secretary of
the
Senate
of
the
State
of
Washington, do hereby certify that
the attached is SUBSTITUTE SENATE
BILL 5130 as passed by the Senate
and the House of Representatives
on the dates hereon set forth.
THOMAS HOEMANN
Secretary

Speaker of the House of Representatives

Approved March 20, 2009, 5:09 p.m.

FILED
March 23, 2009

CHRISTINE GREGOIRE
Governor of the State of Washington

Secretary of State
State of Washington

_____________________________________________
SUBSTITUTE SENATE BILL 5130
_____________________________________________
AS AMENDED BY THE HOUSE
Passed Legislature - 2009 Regular Session
State of Washington

61st Legislature

2009 Regular Session

By
Senate Human Services & Corrections (originally sponsored by
Senators Carrell, Hargrove, Swecker, Hatfield, Holmquist, Brandland,
Sheldon, Tom, King, Hobbs, McCaslin, Stevens, and Marr; by request of
Attorney General)
READ FIRST TIME 02/12/09.

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AN ACT Relating to access to public records by persons serving
criminal sentences in correctional facilities; adding a new section to
chapter 42.56 RCW; and declaring an emergency.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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NEW SECTION. Sec. 1. A new section is added to chapter 42.56 RCW
to read as follows:
(1) The inspection or copying of any nonexempt public record by
persons serving criminal sentences in state, local, or privately
operated correctional facilities may be enjoined pursuant to this
section.
(a) The injunction may be requested by: (i) An agency or its
representative; (ii) a person named in the record or his or her
representative; or (iii) a person to whom the requests specifically
pertains or his or her representative.
(b) The request must be filed in: (i) The superior court in which
the movant resides; or (ii) the superior court in the county in which
the record is maintained.
(c) In order to issue an injunction, the court must find that:

p. 1

SSB 5130.SL

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(i) The request was made to harass or intimidate the agency or its
employees;
(ii) Fulfilling the request would likely threaten the security of
correctional facilities;
(iii) Fulfilling the request would likely threaten the safety or
security of staff, inmates, family members of staff, family members of
other inmates, or any other person; or
(iv) Fulfilling the request may assist criminal activity.
(2) In deciding whether to enjoin a request under subsection (1) of
this section, the court may consider all relevant factors including,
but not limited to:
(a) Other requests by the requestor;
(b) The type of record or records sought;
(c) Statements offered by the requestor concerning the purpose for
the request;
(d) Whether disclosure of the requested records would likely harm
any person or vital government interest;
(e) Whether the request seeks a significant and burdensome number
of documents;
(f) The impact of disclosure on correctional facility security and
order, the safety or security of correctional facility staff, inmates,
or others; and
(g) The deterrence of criminal activity.
(3) The motion proceeding described in this section shall be a
summary proceeding based on affidavits or declarations, unless the
court orders otherwise. Upon a showing by a preponderance of the
evidence, the court may enjoin all or any part of a request or
requests. Based on the evidence, the court may also enjoin, for a
period of time the court deems reasonable, future requests by:
(a) The same requestor; or
(b) An entity owned or controlled in whole or in part by the same
requestor.
(4) An agency shall not be liable for penalties under RCW
42.56.550(4) for any period during which an order under this section is
in effect, including during an appeal of an order under this section,
regardless of the outcome of the appeal.

SSB 5130.SL

p. 2

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NEW SECTION. Sec. 2. 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.
Passed by the Senate March 20, 2009.
Passed by the House March 18, 2009.
Approved by the Governor March 20, 2009.
Filed in Office of Secretary of State March 23, 2009.

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SSB 5130.SL

 

 

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