S-4329               _______________________________________________

                                                   SENATE BILL NO. 6565

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senator Owen

Read first time 1/26/88 and referred to Committee on  Governmental Operations.

AN ACT Relating to interference with telecommunications; adding a new section to chapter 9A.76 RCW; 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 9A.76 RCW to read as follows:

          (1) Every person who knowingly interferes with telecommunications of a public servant shall be guilty of a misdemeanor.  Equipment used to cause the interference shall be subject to seizure and forfeiture.

          (2) Property subject to forfeiture under this section may be seized by any law enforcement officer of this state upon process issued by any superior court having jurisdiction over the property.  Seizure without process may be made if:

          (a) The seizure is incident to an arrest or a search under a search warrant;

          (b) A law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

          (c) The law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this section.

          (3) In the event of seizure pursuant to subsection (2) of this section, proceedings for forfeiture shall be deemed commenced by the seizure.  The law enforcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, of the seizure and intended forfeiture of the seized property.  The notice may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested.  Service by mail shall be deemed complete upon mailing within the fifteen day period following the seizure.

          (4) If any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items within forty-five days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees.  The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of items.  The seizing law enforcement agency shall promptly return the article or articles to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession thereof of items.