AN
ACT Relating to law enforcement sound recordings; amending RCW 9.73.090 and
9.73.080; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature intends, by the enactment of this act, to provide a very limited
exception to the restrictions on disclosure of intercepted communications.
Sec.
2. RCW
9.73.090 and 1989 c 271 s 205 are each amended to read as follows:
(1)
The provisions of RCW 9.73.030 through 9.73.080 shall not apply to police,
fire, emergency medical service, emergency communication center, and poison
center personnel in the following instances:
(a)
Recording incoming telephone calls to police and fire stations, licensed
emergency medical service providers, emergency communication centers, and
poison centers;
(b)
Video and/or sound recordings may be made of arrested persons by police
officers responsible for making arrests or holding persons in custody before
their first appearance in court. Such video and/or sound recordings shall
conform strictly to the following:
(i)
The arrested person shall be informed that such recording is being made and the
statement so informing him shall be included in the recording;
(ii)
The recording shall commence with an indication of the time of the beginning
thereof and terminate with an indication of the time thereof;
(iii)
At the commencement of the recording the arrested person shall be fully
informed of his constitutional rights, and such statements informing him shall
be included in the recording;
(iv)
The recordings shall only be used for valid police or court activities;
(c)
Sound recordings that correspond to video images recorded by video cameras
mounted in law enforcement vehicles. All law enforcement officers wearing a
sound recording device that makes recordings corresponding to videos recorded
by video cameras mounted in law enforcement vehicles must be in uniform. A
sound recording device which makes a recording pursuant to this subsection
(1)(c) may only be operated simultaneously with the video camera. No sound
recording device may be intentionally turned off by the law enforcement officer
during the operation of the video camera.
No
sound or video recording made under this subsection (1)(c) may be duplicated
and made available to the public by a law enforcement agency subject to this
section until final disposition of any criminal or civil litigation which
arises from the incident or incidents which were recorded. Such sound
recordings shall not be divulged or used by any law enforcement agency for any
commercial purpose.
A
law enforcement officer shall inform any person being recorded by sound under
this subsection (1)(c) that a sound recording is being made and the statement
so informing the person shall be included in the sound recording, except that
the law enforcement officer is not required to inform the person being recorded
if the person is being recorded under exigent circumstances. A law enforcement
officer is not required to inform a person being recorded by video under this
subsection (1)(c) that the person is being recorded by video.
(2)
It shall not be unlawful for a law enforcement officer acting in the
performance of the officer's official duties to intercept, record, or disclose
an oral communication or conversation where the officer is a party to the
communication or conversation or one of the parties to the communication or
conversation has given prior consent to the interception, recording, or
disclosure: PROVIDED, That prior to the interception, transmission, or
recording the officer shall obtain written or telephonic authorization from a
judge or magistrate, who shall approve the interception, recording, or
disclosure of communications or conversations with a nonconsenting party for a
reasonable and specified period of time, if there is probable cause to believe
that the nonconsenting party has committed, is engaged in, or is about to
commit a felony: PROVIDED HOWEVER, That if such authorization is given by
telephone the authorization and officer's statement justifying such
authorization must be electronically recorded by the judge or magistrate on a
recording device in the custody of the judge or magistrate at the time
transmitted and the recording shall be retained in the court records and
reduced to writing as soon as possible thereafter.
Any
recording or interception of a communication or conversation incident to a
lawfully recorded or intercepted communication or conversation pursuant to this
subsection shall be lawful and may be divulged.
All
recordings of communications or conversations made pursuant to this subsection
shall be retained for as long as any crime may be charged based on the events
or communications or conversations recorded.
(3)
Communications or conversations authorized to be intercepted, recorded, or
disclosed by this section shall not be inadmissible under RCW 9.73.050.
(4)
Authorizations issued under subsection (2) of this section shall be effective
for not more than seven days, after which period the issuing authority may
renew or continue the authorization for additional periods not to exceed seven
days.
(5)
If the judge or magistrate determines that there is probable cause to believe
that the communication or conversation concerns 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, the judge or magistrate may authorize the interception,
transmission, recording, or disclosure of communications or conversations under
subsection (2) of this section even though the true name of the nonconsenting
party, or the particular time and place for the interception, transmission,
recording, or disclosure, is not known at the time of the request, if the
authorization describes the nonconsenting party and subject matter of the
communication or conversation with reasonable certainty under the
circumstances. Any such communication or conversation may be intercepted,
transmitted, recorded, or disclosed as authorized notwithstanding a change in
the time or location of the communication or conversation after the
authorization has been obtained or the presence of or participation in the
communication or conversation by any additional party not named in the
authorization.
Authorizations
issued under this subsection shall be effective for not more than fourteen
days, after which period the issuing authority may renew or continue the
authorization for an additional period not to exceed fourteen days.
Sec.
3. RCW
9.73.080 and 1989 c 271 s 209 are each amended to read as follows:
(1)
Except as otherwise provided in this chapter, any person who violates RCW
9.73.030 is guilty of a gross misdemeanor.
(2) Any person who knowingly alters, erases, or wrongfully
discloses any recording in violation of RCW 9.73.090(1)(c) is guilty of a gross
misdemeanor.
