S-3494.3 _______________________________________________
SENATE BILL 6272
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State of Washington 56th Legislature 2000 Regular Session
By Senators Franklin, McCaslin, Heavey, Long, Sheahan, Goings, Hargrove and Snyder
Read first time 01/12/2000. Referred to Committee on Judiciary.
AN ACT Relating to divulging private communication; and reenacting and amending RCW 9.73.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.73.030 and 1986 c 38 s 1 and 1985 c 260 s 2 are each reenacted and amended to read as follows:
(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:
(a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;
(b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation.
(2) Except as otherwise provided in this chapter, it is unlawful for any individual, partnership, corporation, association, or the state of Washington, including its agencies and political subdivisions, to divulge the contents of any private communication or private conversation:
(a) Knowing or having reason to know that the private communication or conversation was intercepted or recorded in violation of subsection (1) of this section; and
(b) Without first obtaining the consent of all the participants in the communication.
(3) Notwithstanding subsection (1) of this section, wire communications or conversations (a) of an emergency nature, such as the reporting of a fire, medical emergency, crime, or disaster, or (b) which convey threats of extortion, blackmail, bodily harm, or other unlawful requests or demands, or (c) which occur anonymously or repeatedly or at an extremely inconvenient hour, or (d) which relate to communications by a hostage holder or barricaded person as defined in RCW 70.85.100, whether or not conversation ensues, may be recorded with the consent of one party to the conversation.
(((3)))
(4) Where consent by all parties is needed pursuant to this chapter,
consent shall be considered obtained whenever one party has announced to all
other parties engaged in the communication or conversation, in any reasonably
effective manner, that such communication or conversation is about to be
recorded or transmitted: PROVIDED, That if the conversation is to be recorded
that said announcement shall also be recorded.
(((4))) (5) An employee of any regularly published
newspaper, magazine, wire service, radio station, or television station acting
in the course of bona fide news gathering duties on a full-time or contractual
or part-time basis, shall be deemed to have consent to record and divulge
communications or conversations otherwise prohibited by this chapter if the
consent is expressly given or if the recording or transmitting device is
readily apparent or obvious to the speakers. Withdrawal of the consent after
the communication has been made shall not prohibit any such employee of a
newspaper, magazine, wire service, or radio or television station from
divulging the communication or conversation.
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