_______________________________________________
SUBSTITUTE
HOUSE BILL 1017
_______________________________________________
Passed
Legislature - 1993 Regular Session
State
of Washington 53rd Legislature 1993
Regular Session
By
Read
first time 02/12/93.
Concerning the employment of persons with a history of sexual
exploitation of children.
AN ACT Relating to public employment; amending
RCW 9.96A.020; and creating a new section.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 9.96A.020 and 1973 c 135 s 2 are each amended to read as follows:
((Notwithstanding any other provisions))
(1) Subject to the exceptions in subsections (3) and (4) of this section,
and unless there is another provision of law to the contrary, a person ((shall))
is not ((be)) disqualified from employment by the state of
Washington or any of its ((agencies or political subdivisions)) counties,
cities, towns, municipal corporations, or quasi-municipal corporations, nor
((shall)) is a person ((be)) disqualified to practice,
pursue or engage in any occupation, trade, vocation, or business for which a
license, permit, certificate or registration is required to be issued by the
state of Washington or any of its ((agencies or political subdivisions))
counties, cities, towns, municipal corporations, or quasi-municipal
corporations solely because of a prior conviction of a felony((:
PROVIDED,)). However, this section ((shall)) does not
preclude the fact of any prior conviction of a crime from being considered.
((However,)) (2) A person may be
denied employment by the state of Washington or any of its ((agencies or
political subdivisions)) counties, cities, towns, municipal
corporations, or quasi-municipal corporations, or a person may be denied a
license, permit, certificate or registration to pursue, practice or engage in
an occupation, trade, vocation, or business by reason of the prior conviction
of a felony if the felony for which he or she was convicted directly
relates to the position of employment sought or to the specific occupation,
trade, vocation, or business for which the license, permit, certificate or
registration is sought, and the time elapsed since the conviction is less than
ten years.
(3) A person is disqualified for any
certificate required or authorized under chapters 28A.405 or 28A.410 RCW,
because of a prior guilty plea or the conviction of a felony involving sexual
exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter
9A.44 RCW where a minor is the victim, promoting prostitution of a minor under
chapter 9A.88 RCW, or a violation of similar laws of another jurisdiction, even
if the time elapsed since the guilty plea or conviction is ten years or more.
(4) A person is disqualified from employment
by school districts, educational service districts, and their contractors
hiring employees who will have regularly scheduled unsupervised access to
children, because of a prior guilty plea or conviction of a felony involving
sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under
chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a
minor under chapter 9A.88 RCW, or a violation of similar laws of another
jurisdiction, even if the time elapsed since the guilty plea or conviction is
ten years or more.
(5) Subsections (3) and (4) of this section
only apply to a person applying for a certificate or for employment on or after
the effective date of this act.
NEW SECTION. Sec. 2. The
legislature reaffirms its singular intent that this act shall not affect the
duties imposed or powers conferred on the office of the superintendent of
public instruction by RCW 28A.410.090.
