BILL REQ. #:  S-0649.1 

Read first time 01/15/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to use of library computers to access pornography; adding a new section to chapter 9.73 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that some library patrons are using computers to access material depicting minors engaged in sexually explicit conduct. The state has a compelling interest in curbing this type of material and has no other reasonable means of obtaining the identity of these library patrons other than to obtain access to the computers and library records indicating who used the library computers when the web sites or files were accessed. The legislature further finds that this access can be facilitated without violating the constitutional guarantees of privacy.
     Therefore, the legislature finds that, with prior judicial approval, records containing the identities of patrons using public library computers to access material depicting minors engaged in sexually explicit conduct must be available to adequately enforce laws preventing the sexual exploitation of children.

NEW SECTION.  Sec. 2   A new section is added to chapter 9.73 RCW to read as follows:
     (1) An ex parte order authorizing the seizure of library computers used to access web sites or files depicting minors engaged in sexually explicit conduct and other library records containing the identity of library patrons who had access to library computers that were used to access these web sites or files may be issued by any superior court judge in the state upon a verified application of either the state attorney general or any county prosecuting attorney setting forth fully facts and circumstances upon which the application is based and stating that:
     (a) There are reasonable grounds to believe that the library computers were used to access computer web sites or files containing depictions of minors engaged in sexually explicit conduct as defined in chapter 9.68A RCW; and
     (b) There are no other means readily available for obtaining the identity of library patrons who used the library computers that were used to access the web sites or files.
     (2) Where statements are solely upon the information and belief of the applicant, the grounds for the belief must be given.
     (3) The application and any order issued under this section shall identify as fully as possible the particular equipment, files, or records from which the information is to be obtained.
     (4) The court may examine upon oath or affirmation the applicant and any witness the applicant desires to produce or the court requires to be produced.
     (5) Order issued under this section are effective for fifteen days, after which period the court which issued the order may upon application of the officer who secured the original order renew or continue the order for an additional period not to exceed fifteen days.
     (6) Libraries providing computer access to patrons shall notify all users of the provision of this section.