[atlas:bill]

AN ACT Relating to interception, transmission, or recording of communications; adding a new section to chapter 9.73 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds that investigating and prosecuting sex crimes against minors would be greatly enhanced by making one party consent recording more available to police detectives, with procedures that are similar to those used in major drug investigations, so that police can employ one party consent recordings under procedures that they are familiar with and that have been employed successfully and without abuse by police in major drug investigations since May 7, 1989. The legislature finds that one party consent recordings in many cases would produce the best evidence of the truth or falsity of a minor's accusations, spare minors who have been victims of sex crimes the ordeal of testifying and facing their victimizer, reduce the likelihood that a minor victim will be put on trial as a defense tactic, and reduce the likelihood that an innocent person will be prosecuted.

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

(1) As part of a bona fide criminal investigation, the chief law enforcement officer of a law enforcement agency or his or her designee may authorize the interception, transmission, or recording of conversations or communications by officers under the following circumstances:

(a) At least one party to the conversation or communication has consented to the interception, transmission, or recording; or a parent, guardian ad litem, or guardian has consented to the interception, transmission, or recording on behalf of a party to the conversation who is less than twelve years of age. Consent is not required from a parent, guardian ad litem, or guardian who is reasonably believed by the investigating law enforcement agency to be a subject of the investigation;

(b) Probable cause exists to believe that the conversation or communication involves a sex offense committed against a minor. For purposes of this section, a minor is a person who was under the age of eighteen years at the time of the alleged crime, and a sex offense is any crime defined in RCW 9.94A.030(33); and

(2) The agency's chief officer or designee authorizing an interception, transmission, or recording under subsection (1) of this section, shall prepare and sign a written report at the time of authorization indicating:

(a) The circumstances that meet the requirements of subsection (1) of this section;

(b) The names of the authorizing and consenting parties;

(d) The identity of the particular person or persons, if known, who may have committed or may commit the offense; and

(e) The details of the particular offense or offenses that may have been or may be committed and the expected date, location, and approximate time of the conversation or communication.

(3) An authorization under this section is valid in all jurisdictions within Washington state and for the interception of communications from additional persons if the persons are brought into the conversation or transaction by the nonconsenting party or if the nonconsenting party or such additional persons cause or invite the consenting party to enter another jurisdiction.

(4) The recording of any conversation or communication under this section shall be done in such a manner that protects the recording from editing or other alterations.

(5) An authorization made under this section is valid for no more than seven days from the time it is signed by the authorizing officer, and each authorization shall independently meet all of the requirements of this section. The authorizing officer shall sign the written report required under subsection (2) of this section, certifying the exact date and time of his or her signature. An authorization under this section may be extended not more than twice for additional consecutive seven-day periods based upon the same probable cause regarding the same suspected crime. Each such extension shall be signed by the authorizing officer.

(6) Evidence obtained through the interception, transmission, or recording of a conversation or communication pursuant to this section shall be inadmissible in any civil or criminal case in all courts of general or limited jurisdiction in this state unless:

(a) The court finds that the requirements of subsection (1) of this section were met; or

(b) The evidence is admitted with the permission of any nonconsenting person whose communication or conversation was intercepted, transmitted, or recorded.

Nothing in this subsection bars the admission of testimony of a party or witness to the intercepted, transmitted, or recorded conversation or communication when that testimony is unaided by information obtained solely by violation of RCW 9.73.030.

(7) Any determination of invalidity of an authorization under this section shall be reported by the court to the office of the administrator for the courts.

(8) The law enforcement agency shall forward the written report authorizing interception or recording to the nonconsenting party within six months of the date that criminal charges have been declined and the investigation is not being actively investigated.

(9) Any person who intentionally intercepts, transmits, or records or who intentionally authorizes the interception, transmission, or recording of a conversation or communication in violation of this section, is guilty of a class C felony punishable according to chapter 9A.20 RCW.

(10) An authorizing agency is liable for twenty-five thousand dollars in exemplary damages, in addition to any other damages authorized by this chapter or by other law, to a person whose conversation or communication was intercepted, transmitted, or recorded pursuant to an authorization under this section if:

(a) In a suppression of evidence proceeding it has been determined that the authorization was made without the probable cause required by subsection (1)(b) of this section; and

(b) The authorization was also made without a reasonable suspicion that the conversation or communication would involve the unlawful acts identified in subsection (1)(b) of this section.