BILL REQ. #:  S-0764.1 

Read first time 01/27/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to investigation of potential acts of terrorism; 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   It is the intent of the legislature to prevent terrorist attacks, and thereby save the lives of Washington residents by providing appropriate investigative tools that facilitate and promote cooperation between local, state, and federal law enforcement agencies, that remove barriers to cooperation in terrorism investigations, and that continue to protect the privacy rights of residents of the state. In balancing these goals, the legislature is creating an additional investigative tool to be used by law enforcement only if authorized by the courts.

NEW SECTION.  Sec. 2   A new section is added to chapter 9.73 RCW to read as follows:
     (1) The attorney general or a prosecuting attorney may request that a superior court issue an order providing a law enforcement agency, responsible for investigating potential acts of terrorism, with authority to intercept a wire, oral, or electronic communication. The superior court may enter the order if it finds that:
     (a) There is probable cause for belief that a person is committing, has committed, or is about to commit an act of terrorism;
     (b) There is probable cause for belief that a particular communication concerning the offense will be obtained through the interception;
     (c) If the interception is to occur at a fixed location, there is probable cause for belief that the place where the wire or electronic communication is to be intercepted is being used or is about to be used in connection with the commission of the act of terrorism; and
     (d) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous.
     (2) The interception cannot exceed thirty days. Upon termination of the interception, any recordings made in connection with the interception shall be presented to the court and sealed under the court's direction.
     (3) Within ninety days of the termination of the interception, unless delayed for good cause, the court shall notify the person recorded of the order to intercept, and the date and time of the interception.