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• Introduced by Sen. Michael Carrell, (R-Lakewood) (R) on January 14, 2009, provides that access to public records by persons serving criminal sentences may be enjoined if it is determined that the request was made to harass or intimidate any person, or that disclosure of the record would undermine a legitimate penological interest. (See also Companion HB 1181).
  • Referred to the Senate Human Services & Corrections Committee on January 14, 2009.
    • Substitute offered in the Senate on February 12, 2009, to change language referring to "undermining a legitimate penological interest" to, a person may enjoin an inmate from requesting public records if the request(s) threatens the security of a correctional facility. In order to obtain an injunction, the moving party must meet its statutory burden by a preponderance of the evidence. The ability to enjoin requests by a third party is removed. The court may, however, enjoin future requests by an entity owned or controlled in whole or in part by the inmate. An emergency clause is added. The substitute passed in the Senate by voice vote on February 12, 2009.
    • Referred to the Senate Rules Committee on February 12, 2009.
• Passed in the Senate (47 to 0) on March 3, 2009. [Vote Details and Comments]
• Received in the House on March 4, 2009.
  • Referred to the House State Government and Tribal Affairs Committee on March 4, 2009.
    • Amendment offered in the House on March 17, 2009, to authorize the filing of an injunction for requests made by persons directly connected to the incarcerated person. Clarifies under what circumstances a judge may enjoin a public record request by an incarcerated person. The amendment failed in the House by voice vote on March 17, 2009.
    • Referred to the House Rules Committee on March 17, 2009.
      • Amendment offered by Rep. Mike Armstrong, (R-Wenatchee) (R) on March 18, 2009, to allow representatives of persons named in the record or to whom the record specifically pertains to seek an injunction. Clarifies under what circumstances a judge may enjoin a public record request by an incarcerated person. The amendment passed in the House by voice vote on March 18, 2009.
      • Amendment offered by Rep. Sherry Appleton, (D-Poulsbo) (D) on March 18, 2009, to provide a mechanism for the requestor to petition the court for the review of the injunction. The amendment failed in the House by voice vote on March 18, 2009.
• Passed in the House (94 to 2) on March 18, 2009. [Vote Details and Comments]
• Received in the Senate on March 20, 2009, allows the court to enjoin the examination of any nonexempt public record requested by a person serving a criminal sentence if, upon motion by the agency or agency representative, the court finds the request was made to harass or intimidate the agency, its employees, or any person or if disclosure of the record would likely threaten the security and safety of correctional facilities, staff or other persons.
• Passed in the Senate (43 to 0) on March 20, 2009. [Vote Details and Comments]
• Signed by Gov. Christine Gregoire on March 20, 2009.