S-0307.2 _______________________________________________
SENATE BILL 5872
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Senator Prentice
Read first time 02/10/95. Referred to Committee on Financial Institutions & Housing.
AN ACT Relating to authorizing superior courts and courts of limited jurisdiction to issue civil inspection warrants; adding a new section to chapter 2.08 RCW; adding a new section to chapter 3.02 RCW; adding a new section to chapter 3.46 RCW; adding a new section to chapter 3.50 RCW; adding a new section to chapter 3.66 RCW; and adding a new section to chapter 35.20 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 2.08 RCW to read as follows:
(1) A judge of a superior court may issue a civil inspection warrant directed to a state or local official, commanding the official to conduct an inspection, investigation, or examination required or authorized by a federal, state, or local law, regulation, or code protecting the public health, safety, or welfare, including, without limitation, the uniform building, health, fire, mechanical, electrical, or plumbing code, laws authorizing abatement of unfit or dangerous buildings, or environmental, zoning, or labor laws. An inspection warrant authorized by this section may be issued by the court upon request of the prosecuting or regulatory authority.
(2) A judge of a superior court may issue a civil inspection warrant only upon probable cause, supported by affidavit or declaration that particularly describes the place, dwelling, building, structure, premises, or vehicle to be inspected, investigated, or examined and the purpose for which the inspection is made. For purposes of this section, probable cause exists if either:
(a) Reasonable legislative or administrative standards for conducting a routine or area inspection, investigation, or examination are satisfied with respect to the particular place, dwelling, building, structure, premises, or vehicle. If a warrant is sought pursuant to this subsection (2)(a), the affidavit or declaration must contain a statement that consent to inspect has been sought and the agency has received a refusal or has not received a response within a reasonable time; or
(b) With respect to the particular place, dwelling, building, structure, premises, or vehicle, there is reason to believe that there exists a violation of a federal, state, or local law, regulation, or code setting compliance standards to protect the public health, safety, or welfare, including, without limitation, the uniform building, health, fire, mechanical, electrical, or plumbing code, laws authorizing abatement of unfit or dangerous buildings, or environmental, zoning, or labor laws.
(3) If the judge is satisfied that the standard for issuing a warrant has been met, the judge may issue the warrant. The warrant must particularly describe each place, dwelling, building, structure, premises, or vehicle to be inspected, investigated, or examined and designate on the warrant the purpose and limitations of the inspection, investigation, or examination. The judge may specify the hours during which the warrant may be executed, and any other reasonable limitations on its execution.
(4) An inspection warrant is effective for the time specified therein, but not for more than fourteen days, unless the period is extended or renewed by the judge who signed and issued the original warrant, if that judge finds that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judge by whom it was issued within the time specified in the warrant or within the extended or renewed time.
(5) Where a civil inspection warrant has been issued pursuant to subsection (2)(a) of this section, and where the place to be inspected is a residence, the inspecting agency must notify the residence's occupant, or owner if there is no occupant, that a warrant has been issued. The notice must be given at least three days, excluding weekends and holidays, before the warrant is executed. The notice must provide a telephone number and address where the occupant, or owner if there is no occupant, can contact the inspecting agency to make arrangements for the inspection. It must also state that, if the recipient of the notice wishes to prevent execution of the warrant, he or she must bring a motion to quash the warrant in the court that issued the warrant. The motion must be brought before the time scheduled for execution of the warrant. At the time the motion is filed, copies of the motion must be served on the inspecting agency and the attorney, if any, for the inspecting agency.
NEW SECTION. Sec. 2. A new section is added to chapter 3.02 RCW to read as follows:
(1) A judge of a court of limited jurisdiction may issue a civil inspection warrant directed to a state or local official, commanding the official to conduct an inspection, investigation, or examination required or authorized by a federal, state, or local law, regulation, or code protecting the public health, safety, or welfare, including, without limitation, the uniform building, health, fire, mechanical, electrical, or plumbing code, laws authorizing abatement of unfit or dangerous buildings, or environmental, zoning, or labor laws. An inspection warrant authorized by this section may be issued by the court upon request of the prosecuting or regulatory authority.
(2) A judge of a court of limited jurisdiction may issue a civil inspection warrant only upon probable cause, supported by affidavit or declaration that particularly describes the place, dwelling, building, structure, premises, or vehicle to be inspected, investigated, or examined and the purpose for which the inspection is made. For purposes of this section, probable cause exists if either:
(a) Reasonable legislative or administrative standards for conducting a routine or area inspection, investigation, or examination are satisfied with respect to the particular place, dwelling, building, structure, premises, or vehicle. If a warrant is sought pursuant to this subsection (2)(a), the affidavit or declaration must contain a statement that consent to inspect has been sought and the agency has received a refusal or has not received a response within a reasonable time; or
(b) With respect to the particular place, dwelling, building, structure, premises, or vehicle, there is reason to believe that there exists a violation of a federal, state, or local law, regulation, or code setting compliance standards to protect the public health, safety, or welfare, including, without limitation, the uniform building, health, fire, mechanical, electrical, or plumbing code, laws authorizing abatement of unfit or dangerous buildings, or environmental, zoning, or labor laws.
(3) If the judge is satisfied that the standard for issuing a warrant has been met, the judge may issue the warrant. The warrant must particularly describe each place, dwelling, building, structure, premises, or vehicle to be inspected, investigated, or examined and designate on the warrant the purpose and limitations of the inspection, investigation, or examination. The judge may specify the hours during which the warrant may be executed, and any other reasonable limitations on its execution.
(4) An inspection warrant is effective for the time specified therein, but not for more than fourteen days, unless the period is extended or renewed by the judge who signed and issued the original warrant, if that judge finds that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judge by whom it was issued within the time specified in the warrant or within the extended or renewed time.
(5) Where a civil inspection warrant has been issued pursuant to subsection (2)(a) of this section, and where the place to be inspected is a residence, the inspecting agency must notify the residence's occupant, or owner if there is no occupant, that a warrant has been issued. The notice must be given at least three days, excluding weekends and holidays, before the warrant is executed. The notice must provide a telephone number and address where the occupant, or owner if there is no occupant, can contact the inspecting agency to make arrangements for the inspection. It must also state that, if the recipient of the notice wishes to prevent execution of the warrant, he or she must bring a motion to quash the warrant in the court that issued the warrant. The motion must be brought before the time scheduled for execution of the warrant. At the time the motion is filed, copies of the motion must be served on the inspecting agency and the attorney, if any, for the inspecting agency.
NEW SECTION. Sec. 3. A new section is added to chapter 3.46 RCW to read as follows:
A judge of a municipal department is authorized to issue an inspection warrant according to the standards set forth in section 2 of this act.
NEW SECTION. Sec. 4. A new section is added to chapter 3.50 RCW to read as follows:
A judge of a municipal court is authorized to issue an inspection warrant according to the standards set forth in section 2 of this act.
NEW SECTION. Sec. 5. A new section is added to chapter 3.66 RCW to read as follows:
A judge of a district court is authorized to issue an inspection warrant according to the standards set forth in section 2 of this act.
NEW SECTION. Sec. 6. A new section is added to chapter 35.20 RCW to read as follows:
A judge of a municipal court is authorized to issue an inspection warrant according to the standards set forth in section 2 of this act.
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