S-2310               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 4109

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State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Energy and Utilities (originally sponsored by Senators Moore, Williams and Goltz)

Read first time 3/8/85.

AN ACT Relating to the interception of telephone communications; adding a new section to chapter 49.44 RCW; repealing RCW 9.73.070; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 49.44 RCW to read as follows:

          (1) Except as provided in chapter 9.73 RCW, it is unlawful for any person, firm, or corporation to intercept or monitor, or to attempt to intercept or monitor, the transmission of a message, signal, or other communication by telephone between an employee or similar agent of the person, firm, or corporation and a customer of the person, firm, or corporation, unless throughout the period of each interception or monitoring or attempted interception or monitoring, the person, firm, or corporation (a) utilizes an automated tone warning device that produces a distinct warning signal or beep tone, which signal or tone is clearly audible to each party to the communication, or (b) by other audible means clearly indicates that the message, signal, or other communication is being monitored or intercepted.  The use of an automated tone warning device shall not be required in the circumstances set forth in RCW 9.73.030(2).

          (2) Any person, firm, or corporation violating this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred dollars, or imprisoned in the county jail not more than one year, or both fined and imprisoned.

          (3) Nothing contained in this section requires the utilization of an automated tone warning device in the case of a wiretap or other form of monitoring which is engaged in for the sole purpose of law enforcement and which is lawful in all other respects.

NEW SECTION. Sec. 2.  Section 5, chapter 93, Laws of 1967 ex. sess. and RCW 9.73.070 are each repealed.