H-0751.1  _______________________________________________

                          HOUSE BILL 1361

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Robertson, Costa, Cody, Delvin, Chappell, Hickel, Smith, McMahan and Honeyford

Read first time 01/23/95.  Referred to Committee on Law and Justice.

Authorizing arrest warrants to be served by facsimile transmission.

    AN ACT Relating to electronic facsimile transmission of arrest warrants; and amending RCW 10.31.060.

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

    Sec. 1.  RCW 10.31.060 and 1971 c 81 s 48 are each amended to read as follows:

    Whenever any person or persons ((shall)) have been indicted or accused on oath of any public offense, or thereof convicted, and a warrant of arrest ((shall have)) has been issued, the magistrate issuing such warrant, or any justice of the supreme court, or any judge of either the court of appeals or superior court may indorse thereon an order signed by him or her and authorizing the service thereof by telegraph ((or)), teletype, or electronic facsimile transmission, and thereupon such warrant and order may be sent by telegraph ((or)), teletype, or electronic facsimile transmission to any marshal, sheriff, constable, or ((policeman)) police officer, and on the receipt of the telegraphic ((or)), teletype, or facsimile copy thereof by any such officer, ((he)) the officer shall have the same authority and be under the same obligations to arrest, take into custody, and detain the ((said)) person or persons, as if the ((said)) original warrant of arrest, with the proper direction for the service thereof, duly indorsed thereon, had been placed in his or her hands, and the ((said)) telegraphic ((or)), teletype, or facsimile copy shall be entitled to full faith and credit, and have the same force and effect in all courts and places as the original((; but)).  However, prior to indictment and conviction, no such order shall be made by any officer, unless in his or her judgment there is probable cause to believe the ((said)) accused person or persons to be guilty of the offense charged:  PROVIDED, That the making of such order by any such officer ((aforesaid,)) shall be prima facie evidence of the regularity thereof, and of all the proceedings prior thereto.  The original warrant and order, or a copy thereof, certified by the officer making the order, shall be preserved in the telegraph office or police agency from which the same is sent, and in telegraphing ((or)), teletyping, or transmitting by facsimile the same, the original or the ((said)) certified copy may be used.

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