BILL REQ. #:  H-3614.2 

Read first time 01/14/10.   Referred to Committee on Technology, Energy & Communications.

     AN ACT Relating to theft of electronic devices; and adding a new chapter to Title 19 RCW.

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

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Issuing company" means the company that provided the personal electronic device to the consumer, the company providing service to the personal electronic device, or the company that tracks or uses data from a device owned by a consumer.
     (2) "Personal electronic device" means a privately owned wireless or portable electronic handheld piece of equipment that includes, but is not limited to, existing and emerging mobile communications systems and smart technologies, portable electronic book reading devices, portable internet devices, and personal digital assistants. "Personal electronic device" also includes any current or emerging wireless handheld technologies or portable information technology systems that may be used for word processing, wireless internet access, or image capture or recording. "Personal electronic device" may also include those electronic devices designed and sold with the intention of establishing an ongoing relationship with a vendor, such as a subscription to content or access.

NEW SECTION.  Sec. 2   (1) Except as provided in subsection (2) of this section, an issuing company may not sell content in connection with a personal electronic device to a consumer that is not the owner of the personal electronic device if the issuing company knows that:
     (a) There is a dispute concerning the ownership of the personal electronic device; and
     (b) The personal electronic device used to belong to someone other than the consumer who is attempting to purchase content for the personal electronic device.
     (2) This section does not apply to:
     (a) An issuing company that attempts in good faith to contact at least three times the owner of the personal electronic device as indicated in the registration information associated with the personal electronic device; or
     (b) A relative or spouse of the owner of the personal electronic device that attempts to purchase content for the personal electronic device.

NEW SECTION.  Sec. 3   (1) Within thirty days of receipt of proof of the consumer's ownership of the personal electronic device and a copy of a police report filed by the consumer, evidencing the consumer's claim to be a victim of theft under chapter 9A.56 RCW, an issuing company shall deactivate or disable the personal electronic device, if feasible, so that the personal electronic device is inoperable.
     (2) The issuing company may decline to deactivate or disable a consumer's personal electronic device if, in the exercise of good faith and reasonable judgment after consulting with the law enforcement agency that assisted the consumer in preparing the police report, the issuing company believes the personal electronic device was not stolen.
     (3) If the consumer recovers the personal electronic device after reporting it stolen, the consumer must notify the issuing company and law enforcement within five days of recovering the device.
     (4) In order to facilitate the exercise of a consumer's right to request that their personal electronic device be deactivated or disabled, all police and sheriff's departments in Washington state shall provide to the consumer, at the consumer's request, a copy of any police report, filed by the consumer, evidencing the consumer's claim to be a victim of theft under chapter 9A.56 RCW.
     (5) An issuing company may not be held liable if, due to misrepresentation by the consumer, the issuing company deactivates or disables a personal electronic device possessed by a person that is, in fact, the rightful owner of the electronic device.
     (6) A consumer that misrepresents material facts in a police report filed pursuant to this chapter may be liable for perjury under chapter 9A.72 RCW.
     (7) Nothing in this section may be construed to require a law enforcement agency to investigate reports claiming theft of a personal electronic device.

NEW SECTION.  Sec. 4   This act may be known and cited as the consumer protection act for electronic devices.

NEW SECTION.  Sec. 5   Sections 1 through 4 of this act constitute a new chapter in Title 19 RCW.