6136-S.E AMH JUDI ADAM 080

ESSB 6136 - H COMM AMD

By Committee on Judiciary

   On page 4, after line 23, insert the following:

   "NEW SECTION. Sec. 4. A new section is added to chapter 10.79 RCW to read as follows:

   Within a reasonable time, but in no event longer than 30 days after the termination of an investigation, the peace officer or prosecuting attorney who requested a warrant for tracking equipment shall cause to be served on the person named in the warrant an inventory which shall include:

   (1) Notice of the issuance of the warrant;

   (2) The date of the installation of the tracking device;

   (3) The identity of the object into or onto which the device was installed; and

   (4) The period of time authorized for the use of the tracking device.

   On an ex parte showing of good cause, the issuing court may postpone or dispense with the serving of the inventory required by this section. The issuing court, upon the filing of a motion, may in its discretion make available to such person or his or her attorney for inspection such portions of the applications, warrants, and results reported to the court, as the court determines to be in the interest of justice."

Renumber the remaining section and correct the title.

EFFECT: Requires the peace officer or prosecuting attorney to serve an inventory on the person named in the warrant within 30 days after the termination of the investigation. The inventory must include:

   •     Notice of the issuance of the warrant;

   •     The date of the installation of the tracking device;

   •     The identity of the object into or onto which the device was installed; and

   •     The period of time authorized for the use of the tracking device.

The court may postpone or dispense with the serving of the inventory for good cause. Upon the filing of a motion, the issuing court may allow the person to inspect portions of the applications, warrants, and results reported to the court, as the court determines to be in the interests of justice.