FINAL BILL REPORT

                            SB 5597

                          C 125 L 93

                      SYNOPSIS AS ENACTED

Brief Description:  Limiting the use of documentary materials.

SPONSORS: Senators A. Smith, Spanel and Rinehart; by request of Attorney General

SENATE COMMITTEE ON LAW & JUSTICE

HOUSE COMMITTEE ON JUDICIARY

BACKGROUND:

Washington's Attorney General is authorized to investigate possible violations of the Consumer Protection Act.  During such investigations, the Attorney General may issue civil investigative demands (CIDs) requiring the recipients to produce documents, answer written questions or give oral testimony.  This type of pre-suit discovery allows the Attorney General to determine whether legal action is warranted.

In most cases, information produced in response to a CID may be disclosed only to authorized employees of the Attorney General, unless the person who provided the information consents to the disclosure.  This restriction prevents the Attorney General from sharing CID material with other law enforcement organizations who may participate in joint or related investigations.

The Attorney General believes that CID information sharing, subject to appropriate confidentiality conditions, would allow for more effective investigations of violations of the Consumer Protection Act.

SUMMARY:

The Attorney General may provide copies of materials obtained pursuant to a civil investigative demand to any law enforcement official of this state, another state or the federal government who is responsible for enforcing antitrust or consumer protection laws.

An official receiving such information must agree not to disclose the information to parties other than the official's employees.

Such information may not be introduced as evidence in a criminal prosecution.

The Attorney General may keep confidential materials received from other law enforcement agencies.

VOTES ON FINAL PASSAGE:

Senate    48   0

House     97   0

EFFECTIVE:July 25, 1993