H-1428.1  _______________________________________________

                          HOUSE BILL 2220

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Constantine, Lambert, O'Brien, Keiser, Rockefeller and Ogden

Read first time 02/22/1999.  Referred to Committee on Criminal Justice & Corrections.

Prohibiting unauthorized visual surveillance.

    AN ACT Relating to unauthorized visual surveillance; adding new sections to chapter 9.73 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 9.73 RCW to read as follows:

    (1) A person who with premeditated intent observes the private activity of another, without the consent of the person observed and under circumstances not amounting to a violation of RCW 9A.44.115, is guilty of unauthorized visual surveillance.

    (2) For purposes of this section:

    (a) "Observe" means to view, with or without the use of any device or instrument, the private activity of another, or to photograph, film, or otherwise record or transmit a visual record of the private activity of another;

    (b) "Private activity" means any activity about which a person has a reasonable expectation of privacy.

    (3) Unauthorized visual surveillance is a gross misdemeanor.

    (4) This section does not apply to viewing, photographing, or filming by personnel of the department of corrections or of a local jail or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the department of corrections or the local jail or correctional facility.

    (5) This section is subject to the limitations, exceptions, requirements, penalties, and other provisions incorporated by section 2 of this act.

NEW SECTION. Sec. 2.  A new section is added to chapter 9.73 RCW to read as follows:

    The following sections of this chapter apply to visual surveillance under section 1 of this act to the same extent as they do to the interception, recording, or divulging of private communications or conversations:  RCW 9.73.040, 9.73.050, 9.73.060, 9.73.090, 9.73.100, 9.73.110, 9.73.120, 9.73.130, 9.73.140, 9.73.200, 9.73.210, 9.73.220, 9.73.230, and 9.73.240.  A reference to RCW 9.73.030 in any of the sections listed in this section is the equivalent of a reference to section 1 of this act for the purposes of the operation of this section.

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