AN ACT Relating to limited admissibility, with prior judicial approval, of evidence obtained pursuant to interceptions or transmissions of conversations concerning illegal controlled substances; amending RCW 9.73.040 and 9.73.050; 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 the manufacturing, selling, and distributing of unlawful controlled substances is becoming increasingly more prevalent and violent. Attempts by law enforcement officers to prevent the manufacture, sale, and distribution of illegal drugs is resulting in numerous life-threatening situations since drug dealers are using sophisticated weapons and modern technological devices to deter the efforts of law enforcement officials to enforce the controlled substance statutes. Dealers of unlawful drugs are employing a wide variety of violent methods to realize the enormous profits of the drug trade.

Therefore, the legislature finds that conversations regarding illegal drug operations may be intercepted and transmitted in certain limited circumstances without prior judicial approval to protect the life and safety of law enforcement officers and protect the constitutional guarantees of privacy.

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

(1) If a police commander or officer above the rank of first line supervisor determines that the safety of the consenting party is in danger, law enforcement personnel may, for the sole purpose of protecting the safety of the consenting party, intercept and transmit a private conversation or communication concerning the unlawful manufacture, delivery, sale, or possession with intent to manufacture, deliver, or sell, controlled substances as defined in chapter 69.50 RCW, or legend drugs as defined in chapter 69.41 RCW, or imitation controlled substances as defined in chapter 69.52 RCW.

(2) A conversation or communication intercepted and transmitted pursuant to subsection (1) of this section may be recorded by any electronic or other device designed to record the conversation or communication regardless of how the device is powered or activated, and contemporaneous written notes or transcriptions of the conversation or communication may be made. No recollection, recording, transcription, or notes of such an interception and transmission are admissible in any civil or criminal case in any court of general or limited jurisdiction in this state, except when introduced with approval of a court and pursuant to court rules and then only (a) to impeach a party to the conversation or communication who did not consent to the interception or transmission; (b) with the permission of a person whose rights have been violated under this chapter; or (c) in a prosecution for a "serious violent offense" as defined in RCW 9.94A.030 or in a civil suit for personal injury or wrongful death arising out of the same incident, in which a party who consented to the interception and transmission was a victim of the offense.

(3) Before any interception and transmission of a private conversation or communication pursuant to this section, the police commander or officer making the determination required by subsection (1) of this section shall complete a written authorization which shall include (a) the date and time the authorization is given; (b) the persons, including the consenting party, expected to participate in the conversation, to the extent known; (c) the expected date, location, and approximate time of the conversation; and (d) the reasons for believing the consenting party's safety will be in danger.

(4) Within fifteen days after any interception and transmission of a conversation or communication pursuant to this section, the law enforcement agency which made the interception and transmission shall submit a report to a judge of a court having jurisdiction and to the administrator for the courts, which report shall include a copy of the written authorization required by subsection (1) of this section and shall identify (a) the persons, including the consenting party, who participated in the conversation and (b) the date, location, and approximate time of the conversation.

Sec. 3. Section 2, chapter 93, Laws of 1967 ex. sess. and RCW 9.73.040 are each amended to read as follows:

(1) An ex parte order for the interception of any communication or conversation listed in RCW 9.73.030 may be issued by any superior court judge in the state upon 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 (i) that national security is endangered((,)); (ii) that a human life is in danger((~~, that arson is about to be committed, or that a riot is about to be committed,~~)); or (iii) that an offense is about to be committed involving arson, riot, or the unlawful manufacture, delivery, sale, or possession with intent to manufacture, deliver, or sell a controlled substance as defined in chapter 69.50 RCW, or legend drug as defined in chapter 69.41 RCW, or imitation controlled substance as defined in chapter 69.52 RCW; and

(b) There are reasonable grounds to believe that evidence will be obtained essential to the protection of national security, the preservation of human life, or the prevention of ((~~arson or a riot,~~)) an offense listed in subsection (1)(a)(iii) of this section; and

(2) Where statements are solely upon the information and belief of the applicant, the grounds for the belief must be given.

(3) The applicant must state whether any prior application has been made to obtain such communications on the same instrument or for the same person and if such prior application exists the applicant shall disclose the current status thereof.

(4) The application and any order issued under RCW 9.73.030 through 9.73.080 shall identify as fully as possible the particular equipment, lines or location from which the information is to be obtained and the purpose thereof.

(5) 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.

(6) Orders issued under this section shall be 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.

(7) No order issued under this section shall authorize or purport to authorize any activity which would violate any laws of the United States.

Sec. 4. Section 3, chapter 93, Laws of 1967 ex. sess. and RCW 9.73.050 are each amended to read as follows:

Any information obtained in violation of RCW 9.73.030 or pursuant to any order issued under the provisions of RCW 9.73.040 shall be inadmissible in any civil or criminal case in all courts of general or limited jurisdiction in this state, except (1) with the permission of the person whose rights have been violated in an action brought for damages under the provisions of RCW 9.73.030 through 9.73.080((~~, or~~)); (2) in a criminal action in which the defendant is charged with a crime, the commission of which would jeopardize national security; or (3) when the information was obtained pursuant to an order issued under the provisions of RCW 9.73.040 and is introduced in a prosecution for the unlawful manufacture, delivery, sale, or possession with intent to manufacture, deliver, or sell a controlled substance as defined in chapter 69.50 RCW, or legend drug as defined in chapter 69.41 RCW, or imitation controlled substance as defined in chapter 69.52 RCW.