Criminal fingerprinting

AN ACT Relating to criminal offense fingerprinting; and amending 1
RCW 10.98.050 and 43.43.735. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 10.98.050 and 1999 c 49 s 2 are each amended to read 4
as follows: 5
(1) It is the duty of the chief law enforcement officer or the 6
local director of corrections to transmit within seventy-two hours 7
from the time of arrest to the section fingerprints together with 8
other identifying data as may be prescribed by the section, and 9
statutory violations of any person lawfully arrested, fingerprinted, 10
and photographed under RCW 43.43.735. The disposition report shall be 11
transmitted to the prosecuting attorney, county clerk, or appropriate 12
court of limited jurisdiction, whichever is responsible for 13
transmitting the report to the section under RCW 10.98.010.14
(2) At the preliminary hearing or the arraignment of a felony 15
case, the judge shall ensure that the felony defendants have been 16
fingerprinted and an arrest and fingerprint form transmitted to the 17
section. In cases where fingerprints have not been taken, the judge 18
shall order the chief law enforcement officer of the jurisdiction or 19
the local director of corrections, or, in the case of a juvenile, the 20
juvenile court administrator to initiate an arrest and fingerprint 21
Z-0149.1
SENATE BILL 5223
State of Washington 69th Legislature 2025 Regular Session
By Senators Wagoner, Holy, and Nobles; by request of Washington State
Patrol
Prefiled 01/10/25. Read first time 01/13/25. Referred to Committee
on Law & Justice.
p. 1 SB 5223
form and transmit it to the section. The disposition report shall be 1
transmitted to the prosecuting attorney. 2
(3) At the preliminary hearing or the arraignment of a gross 3
misdemeanor case, the judge may ensure that the defendants have been 4
fingerprinted and an arrest and fingerprint form transmitted to the 5
section. In cases where fingerprints have not been taken, the judge 6
may order the chief law enforcement officer of the jurisdiction or 7
the local director of corrections to initiate an arrest and 8
fingerprint form and transmit it to the section. The disposition 9
report shall be transmitted to the prosecuting attorney or court of 10
jurisdiction.11
Sec. 2. RCW 43.43.735 and 2009 c 549 s 5130 are each amended to 12
read as follows: 13
(1) It shall be the duty of the sheriff or director of public 14
safety of every county, and the chief of police of every city or 15
town, and of every chief officer of other law enforcement agencies 16
duly operating within this state, to cause the photographing and 17
fingerprinting of all adults and juveniles lawfully arrested for the 18
commission of any criminal offense constituting a felony or gross 19
misdemeanor. (a) When such juveniles are brought directly to a 20
juvenile detention facility, the juvenile court administrator is also 21
authorized, but not required, to cause the photographing, 22
fingerprinting, and record transmittal to the appropriate law 23
enforcement agency; and (b) a further exception may be made when the 24
arrest is for a violation punishable as a gross misdemeanor and the 25
arrested person is not taken into custody. 26
(2) It shall be the right, but not the duty, of the sheriff or 27
director of public safety of every county, and the chief of police of 28
every city or town, and every chief officer of other law enforcement 29
agencies operating within this state to photograph and record the 30
fingerprints of all adults lawfully arrested , cited and released, or 31
issued a summons to appear in court on a criminal charge(s).32
(3) Such sheriffs, directors of public safety, chiefs of police, 33
and other chief law enforcement officers, may record, in addition to 34
photographs and fingerprints, the palmprints, soleprints, toeprints, 35
or any other identification data of all persons whose photograph and 36
fingerprints are required or allowed to be taken under this section 37
when in the discretion of such law enforcement officers it is 38
p. 2 SB 5223
necessary for proper identification of the arrested person or the 1
investigation of the crime with which he or she is charged.2
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