BILL REQ. #:  S-3173.1 

Read first time 01/23/12.   Referred to Committee on Transportation.

     AN ACT Relating to intrusive searches at transportation facilities; adding a new section to chapter 47.68 RCW; adding a new section to chapter 42.20 RCW; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 47.68 RCW to read as follows:
     Any law enforcement officer who is stationed or present at an airport, bus station, train station, highway, or other transportation-related location or is in the presence of or who is working with an agent of the federal transportation security administration or its equivalent while such agent is conducting an administrative search for transportation security of persons about to travel or already traveling in a vehicle of any kind shall record all interactions between the agent and citizen when that citizen complains to the law enforcement officer about the manner in which the administrative search is being or has been conducted.
     When a law enforcement officer is not available at the site of an administrative search conducted for transportation security, a citizen may file a complaint at any office of the county sheriff within the state of Washington, and the officer taking the report shall follow the same procedures as would be required had he or she been at the scene.
     In such cases, the law enforcement officer shall record the name and address of the citizen as well as the name and address or official identification of the agent, along with an accurate statement of the details involving the complaint and his or her observations of the federal agent's behavior when applicable.
     Such records shall be submitted within five business days to the division of state patrol for inclusion on an electronic database specifically identified as citizen complaints about TSA searches. The division of state patrol shall maintain the reports on the electronic database for at least five years, after which the records may be archived but not destroyed.
     The information recorded pursuant to this section, with the name and other identifying information of the complainant redacted, shall be a public record under RCW 40.14.010.
     The state patrol and its employees and agents shall not be held liable for errors of omission or commission in the recording and maintenance of information under this section unless the error is shown to be the result of gross negligence or an intentional act.
     In order to assist in the accuracy of records created by law enforcement officers, all citizens being searched shall be afforded their rights under the first amendment of the United States Constitution and under the Washington state Constitution to record, or designate a person to record, using any type of audio and video recording device, or a device that records just audio or just video, all interactions with an agent described in this section, even in the presence of a law enforcement officer, without exception. If a citizen is prevented in any way from exercising his or her rights as specified in this section, he or she may require a law enforcement officer to enforce the provisions of this section.

NEW SECTION.  Sec. 2   A new section is added to chapter 42.20 RCW to read as follows:
     A person who is a public official acting under color of his or her office or employment commits a felony offense if the person while acting under color of the person's office or employment without reasonable suspicion of the presence of an unknown, unlawful, or prohibited object:
     (1) Performs a search without effective consent for the purpose of granting access to a publicly accessible building or form of transportation; and
     (2) Intentionally, knowingly, or recklessly:
     (a) Touches the anus, sexual organ, buttocks, or breast of the other person, including touching through clothing;
     (b) Causes physical contact with the other person when the person knows or should reasonably believe the other person will regard the contact as offensive or provocative.
     (3) For purposes of this section:
     (a) A person who is a public official acts under color of the person's office or employment if the person acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.     
     (b) Consent is effective only if, immediately before any search the public official verbally describes:
     (i) The area of the body on the person to be searched; and
     (ii) The method to be used in the search; and
     (c) The public official receives express consent for the search only from the person to be searched, or the parent or guardian of the person.
     (d) "Public official" means: An officer, employee, or agent of the United States, a branch, department, or agency of the United States or another person acting under contract with a branch, department, or agency of the United States for the purpose of providing a security or law enforcement service; any other person acting under color of federal law.

NEW SECTION.  Sec. 3   This act takes effect January 1, 2013.