SENATE BILL REPORT

SB 6565

BYSenator Owen

Prohibiting interference with public servants' telecommunications.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 3, 1988; February 4, 1988

Majority Report:  That Substitute Senate Bill No. 6565 be substituted therefor, and the substitute bill do pass.

      Signed by Senators McCaslin, Chairman; Zimmerman, Vice Chairman; Garrett, Halsan, Metcalf.

Senate Staff:Desley Brooks (786-7443)

                  February 5, 1988

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 4, 1988

BACKGROUND:

On several occasions, mobile radio frequencies of local law enforcement agencies in the Puget Sound region have been interrupted by unauthorized persons with the potential for jeopardizing public safety.  Officers in these agencies have expressed concern that there is no statute specifically prohibiting such interference with public safety telecommunications.  As a result, there is no adequate means of preventing the danger or terminating such activity quickly enough once it is detected.

General jurisdiction over allocation of radio frequencies, regulation of licensees, and oversight of violations lies in the purview of the Federal Communications Commission.  At the same time, the state has enacted laws relating to obstructing governmental operations (Chap. 9A.76 RCW) and malicious mischief (Chap. 9A.48 RCW).

SUMMARY:

Interference with telecommunications of a public servant is made a misdemeanor.  Equipment causing the interference is made subject to seizure and forfeiture.

On order of a superior court, any property affected by this provision may be seized or forfeited.  Such property may be seized without an order if the seizure is incident to an arrest or search under a warrant, the law enforcement officer has probable cause to believe that the property is dangerous to health or safety, or the officer has cause to believe that a violation has occurred or is intended.

Specific procedures are included to notify the owner of the seized property and to allow an opportunity for its recovery.

EFFECT OF PROPOSED SUBSTITUTE:

The proposed substitute eliminates all of the original language in the bill, and instead revises an existing statute concerning malicious mischief in the second degree.

Interference with a public safety radio communication is included within this section.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Patrick E. Buller, Washington State Patrol (for); Scott Beasley, Washington State Patrol; Richard Lyman, Washington State Patrol (for); Edward J. Hanson, WSPTA (for)