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Committee hears bill allowing homicide victims' next of kin to seek court orders blocking disclosure of investigative files
Summary
The state committee heard House Bill 23-56, which would let a homicide victim's next of kin (or a minor's guardian) who is not named in a public record petition a court under the Public Records Act to enjoin disclosure of law-enforcement investigative files after an investigation closes; media and transparency advocates differed in testimony.
State Representative Dave Paul introduced House Bill 23-56 on the committee's opening day, telling the Committee on State Government and Tribal Relations the proposal responds to local incidents in which gruesome investigative material risked being published online. "The idea here is to help prevent after that case was concluded to make sure that that information that horrific evidence cannot be disclosed to help protect the children," Representative Dave Paul said.
Desiree Omleo of the Office of Public Records staff outlined the baseline law: the Public Records Act permits categorical exemptions for investigative files while investigations remain open; once a case is closed or referred to a prosecutor, that categorical exemption generally ends. HB 23-56 would add standing for a homicide victim's next of kin (spouse, registered domestic partner, parents, siblings, children, or a minor's legal guardian) who is not otherwise named in or the subject of the record to seek an injunction under the PRA to enjoin disclosure of records compiled by law enforcement.
Roland Thompson, executive director of Allied Daily Newspapers of Washington and spokesperson for the Washington State Association of Broadcasters, testified he and the broadcasting and newspaper groups were neutral. Thompson explained how investigative records typically transfer to prosecutors and courts and cautioned there are existing court processes for sealing or restricting access to court files; he said he would seek clarification from court staff about standing for sealing in murder-suicide cases.
A witness who identified herself as Miss Weeks, representing the Washington Coalition for Open Government, urged rejection of the bill and argued transparency fosters accountability. "Secrecy in our justice system is a dangerous thing," she said, asking the committee to vote no.
The hearing closed after members had no further questions. The bill remains at the hearing stage; no committee vote occurred on HB 23-56 during this session.
