BILL REQ. #:  S-1862.1 

Read first time 02/21/2007.   Referred to Committee on Judiciary.

     AN ACT Relating to authorizing the issuance of civil inspection warrants; adding a new section to chapter 2.08 RCW; adding a new section to chapter 3.02 RCW; adding a new section to chapter 3.46 RCW; adding a new section to chapter 3.50 RCW; adding a new section to chapter 3.66 RCW; and adding a new section to chapter 35.20 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 2.08 RCW to read as follows:
     (1) A judge of a superior court, upon a proper oath or affirmation showing probable cause, shall have the power to issue a civil inspection warrant directed to a state or local official commanding the official to conduct an inspection, examination, test, or sampling pursuant to or to determine compliance with a state or local law, rule, or code protecting the public health, safety, or welfare including, but not limited to, the uniform building, health, fire, mechanical, electrical, or plumbing code, laws authorizing abatement of unfit or dangerous buildings, or environmental or zoning laws.
     (2) A warrant shall be issued only upon application of a designated officer or employee of a prosecuting or regulatory authority supported by declaration or affidavit made under oath or upon sworn testimony before the judge, establishing probable cause for the issuance of the warrant, and particularly describing the place, dwelling, building, structure, premises, or vehicle to be inspected and the purpose for which the inspection, examination, test, or sampling is made. For purposes of this section, probable cause exists if either:
     (a) The inspection, examination, test, or sampling is pursuant to reasonable legislative or administrative standards for conducting an area-wide inspection to determine compliance with a state or local law or rule; or
     (b) There is reasonable cause to believe that a violation of a state or local building, health, safety, fire, plumbing, electrical, environmental, labor, or zoning law or rule, or other laws or rules protecting the public health, safety, or welfare, has occurred or is occurring in or upon the particular place, dwelling, building, structure, premises, or vehicle to be inspected.
     (3) If the judge is satisfied that the standard for issuing a warrant has been met, the judge shall issue the warrant. The warrant must particularly describe the place, dwelling, building, structure, premises, or vehicle to be inspected and designate the purpose of the inspection, including any books, records, or other property that may be inspected, examined, or seized, and any tests or samples that may be conducted or taken.
     (4) A warrant issued pursuant to this section must be executed and returned within ten days unless, upon a showing of a need for additional time, the period is extended or renewed upon by a judge upon a finding that such extension or renewal is in the public's interest. A copy of the warrant and a receipt for any property seized pursuant to the warrant shall be given to the person whose property is inspected or, if the person is not at the property, the copy shall be left in or on the property that was inspected or from which the property was taken. The return of the warrant shall be promptly made accompanied by a written inventory of any property taken.
     (5) A copy of the return shall be attached to the warrant and filed with the clerk of the court.

NEW SECTION.  Sec. 2   A new section is added to chapter 3.02 RCW to read as follows:
     (1) A judge of a court of limited jurisdiction, upon a proper oath or affirmation showing probable cause, shall have the power to issue a civil inspection warrant directed to a state or local official commanding the official to conduct an inspection, examination, test, or sampling pursuant to or to determine compliance with a state or local law, rule, or code protecting the public health, safety, or welfare including, but not limited to, the uniform building, health, fire, mechanical, electrical, or plumbing code, laws authorizing abatement of unfit or dangerous buildings, or environmental or zoning laws.
     (2) A warrant shall be issued only upon application of a designated officer or employee of a prosecuting or regulatory authority supported by declaration or affidavit made under oath or upon sworn testimony before the judge, establishing probable cause for the issuance of the warrant, and particularly describing the place, dwelling, building, structure, premises, or vehicle to be inspected and the purpose for which the inspection, examination, test, or sampling is made. For purposes of this section, probable cause exists if either:
     (a) The inspection, examination, test, or sampling is pursuant to a general administrative plan to determine compliance with a state or local law or rule; or
     (b) There is reasonable cause to believe that a violation of a state or local building, health, safety, fire, plumbing, electrical, environmental, labor, or zoning law or rule, or other laws or rules protecting the public health, safety, or welfare, has occurred or is occurring in or upon the particular place, dwelling, building, structure, premises, or vehicle to be inspected.
     (3) If the judge is satisfied that the standard for issuing a warrant has been met, the judge shall issue the warrant. The warrant must particularly describe the place, dwelling, building, structure, premises, or vehicle to be inspected and designate the purpose of the inspection, including any books, records, or other property that may be inspected, examined, or seized, and any tests or samples that may be conducted or taken.
     (4) A warrant issued pursuant to this section must be executed and returned within ten days unless, upon a showing of a need for additional time, the period is extended or renewed upon by a judge upon a finding that such extension or renewal is in the public's interest. A copy of the warrant and a receipt for any property seized pursuant to the warrant shall be given to the person whose property is inspected or, if the person is not at the property, the copy shall be left in or on the property that was inspected or from which the property was taken. The return of the warrant shall be promptly made accompanied by a written inventory of any property taken.
     (5) A copy of the return shall be attached to the warrant and filed with the clerk of the court.

NEW SECTION.  Sec. 3   A new section is added to chapter 3.46 RCW to read as follows:
     (1) A judge of a municipal department, upon a proper oath or affirmation showing probable cause, shall have the power to issue a civil inspection warrant directed to a state or local official commanding the official to conduct an inspection, examination, test, or sampling pursuant to or to determine compliance with a state or local law, rule, or code protecting the public health, safety, or welfare including, but not limited to, the uniform building, health, fire, mechanical, electrical, or plumbing code, laws authorizing abatement of unfit or dangerous buildings, or environmental or zoning laws.
     (2) A warrant shall be issued only upon application of a designated officer or employee of a prosecuting or regulatory authority supported by declaration or affidavit made under oath or upon sworn testimony before the judge, establishing probable cause for the issuance of the warrant, and particularly describing the place, dwelling, building, structure, premises, or vehicle to be inspected and the purpose for which the inspection, examination, test, or sampling is made. For purposes of this section, probable cause exists if either:
     (a) The inspection, examination, test, or sampling is pursuant to a general administrative plan to determine compliance with a state or local law or rule; or
     (b) There is reasonable cause to believe that a violation of a state or local building, health, safety, fire, plumbing, electrical, environmental, labor, or zoning law or rule, or other laws or rules protecting the public health, safety, or welfare, has occurred or is occurring in or upon the particular place, dwelling, building, structure, premises, or vehicle to be inspected.
     (3) If the judge is satisfied that the standard for issuing a warrant has been met, the judge shall issue the warrant. The warrant must particularly describe the place, dwelling, building, structure, premises, or vehicle to be inspected and designate the purpose of the inspection, including any books, records, or other property that may be inspected, examined, or seized, and any tests or samples that may be conducted or taken.
     (4) A warrant issued pursuant to this section must be executed and returned within ten days unless, upon a showing of a need for additional time, the period is extended or renewed upon by a judge upon a finding that such extension or renewal is in the public's interest. A copy of the warrant and a receipt for any property seized pursuant to the warrant shall be given to the person whose property is inspected or, if the person is not at the property, the copy shall be left in or on the property that was inspected or from which the property was taken. The return of the warrant shall be promptly made accompanied by a written inventory of any property taken.
     (5) A copy of the return shall be attached to the warrant and filed with the clerk of the court.

NEW SECTION.  Sec. 4   A new section is added to chapter 3.50 RCW to read as follows:
     (1) A judge of a municipal court, upon a proper oath or affirmation showing probable cause, shall have the power to issue a civil inspection warrant directed to a state or local official commanding the official to conduct an inspection, examination, test, or sampling pursuant to or to determine compliance with a state or local law, rule, or code protecting the public health, safety, or welfare including, but not limited to, the uniform building, health, fire, mechanical, electrical, or plumbing code, laws authorizing abatement of unfit or dangerous buildings, or environmental or zoning laws.
     (2) A warrant shall be issued only upon application of a designated officer or employee of a prosecuting or regulatory authority supported by declaration or affidavit made under oath or upon sworn testimony before the judge, establishing probable cause for the issuance of the warrant, and particularly describing the place, dwelling, building, structure, premises, or vehicle to be inspected and the purpose for which the inspection, examination, test, or sampling is made. For purposes of this section, probable cause exists if either:
     (a) The inspection, examination, test, or sampling is pursuant to a general administrative plan to determine compliance with a state or local law or rule; or
     (b) There is reasonable cause to believe that a violation of a state or local building, health, safety, fire, plumbing, electrical, environmental, labor, or zoning law or rule, or other laws or rules protecting the public health, safety, or welfare, has occurred or is occurring in or upon the particular place, dwelling, building, structure, premises, or vehicle to be inspected.
     (3) If the judge is satisfied that the standard for issuing a warrant has been met, the judge shall issue the warrant. The warrant must particularly describe the place, dwelling, building, structure, premises, or vehicle to be inspected and designate the purpose of the inspection, including any books, records, or other property that may be inspected, examined, or seized, and any tests or samples that may be conducted or taken.
     (4) A warrant issued pursuant to this section must be executed and returned within ten days unless, upon a showing of a need for additional time, the period is extended or renewed upon by a judge upon a finding that such extension or renewal is in the public's interest. A copy of the warrant and a receipt for any property seized pursuant to the warrant shall be given to the person whose property is inspected or, if the person is not at the property, the copy shall be left in or on the property that was inspected or from which the property was taken. The return of the warrant shall be promptly made accompanied by a written inventory of any property taken.
     (5) A copy of the return shall be attached to the warrant and filed with the clerk of the court.

NEW SECTION.  Sec. 5   A new section is added to chapter 3.66 RCW to read as follows:
     (1) A judge of a district court, upon a proper oath or affirmation showing probable cause, shall have the power to issue a civil inspection warrant directed to a state or local official commanding the official to conduct an inspection, examination, test, or sampling pursuant to or to determine compliance with a state or local law, rule, or code protecting the public health, safety, or welfare including, but not limited to, the uniform building, health, fire, mechanical, electrical, or plumbing code, laws authorizing abatement of unfit or dangerous buildings, or environmental or zoning laws.
     (2) A warrant shall be issued only upon application of a designated officer or employee of a prosecuting or regulatory authority supported by declaration or affidavit made under oath or upon sworn testimony before the judge, establishing probable cause for the issuance of the warrant, and particularly describing the place, dwelling, building, structure, premises, or vehicle to be inspected and the purpose for which the inspection, examination, test, or sampling is made. For purposes of this section, probable cause exists if either:
     (a) The inspection, examination, test, or sampling is pursuant to a general administrative plan to determine compliance with a state or local law or rule; or
     (b) There is reasonable cause to believe that a violation of a state or local building, health, safety, fire, plumbing, electrical, environmental, labor, or zoning law or rule, or other laws or rules protecting the public health, safety, or welfare, has occurred or is occurring in or upon the particular place, dwelling, building, structure, premises, or vehicle to be inspected.
     (3) If the judge is satisfied that the standard for issuing a warrant has been met, the judge shall issue the warrant. The warrant must particularly describe the place, dwelling, building, structure, premises, or vehicle to be inspected and designate the purpose of the inspection, including any books, records, or other property that may be inspected, examined, or seized, and any tests or samples that may be conducted or taken.
     (4) A warrant issued pursuant to this section must be executed and returned within ten days unless, upon a showing of a need for additional time, the period is extended or renewed upon by a judge upon a finding that such extension or renewal is in the public's interest. A copy of the warrant and a receipt for any property seized pursuant to the warrant shall be given to the person whose property is inspected or, if the person is not at the property, the copy shall be left in or on the property that was inspected or from which the property was taken. The return of the warrant shall be promptly made accompanied by a written inventory of any property taken.
     (5) A copy of the return shall be attached to the warrant and filed with the clerk of the court.

NEW SECTION.  Sec. 6   A new section is added to chapter 35.20 RCW to read as follows:
     (1) A judge of a municipal court, upon a proper oath or affirmation showing probable cause, shall have the power to issue a civil inspection warrant directed to a state or local official commanding the official to conduct an inspection, examination, test, or sampling pursuant to or to determine compliance with a state or local law, rule, or code protecting the public health, safety, or welfare including, but not limited to, the uniform building, health, fire, mechanical, electrical, or plumbing code, laws authorizing abatement of unfit or dangerous buildings, or environmental or zoning laws.
     (2) A warrant shall be issued only upon application of a designated officer or employee of a prosecuting or regulatory authority supported by declaration or affidavit made under oath or upon sworn testimony before the judge, establishing probable cause for the issuance of the warrant, and particularly describing the place, dwelling, building, structure, premises, or vehicle to be inspected and the purpose for which the inspection, examination, test, or sampling is made. For purposes of this section, probable cause exists if either:
     (a) The inspection, examination, test, or sampling is pursuant to a general administrative plan to determine compliance with a state or local law or rule; or
     (b) There is reasonable cause to believe that a violation of a state or local building, health, safety, fire, plumbing, electrical, environmental, labor, or zoning law or rule, or other laws or rules protecting the public health, safety, or welfare, has occurred or is occurring in or upon the particular place, dwelling, building, structure, premises, or vehicle to be inspected.
     (3) If the judge is satisfied that the standard for issuing a warrant has been met, the judge shall issue the warrant. The warrant must particularly describe the place, dwelling, building, structure, premises, or vehicle to be inspected and designate the purpose of the inspection, including any books, records, or other property that may be inspected, examined, or seized, and any tests or samples that may be conducted or taken.
     (4) A warrant issued pursuant to this section must be executed and returned within ten days unless, upon a showing of a need for additional time, the period is extended or renewed upon by a judge upon a finding that such extension or renewal is in the public's interest. A copy of the warrant and a receipt for any property seized pursuant to the warrant shall be given to the person whose property is inspected or, if the person is not at the property, the copy shall be left in or on the property that was inspected or from which the property was taken. The return of the warrant shall be promptly made accompanied by a written inventory of any property taken.
     (5) A copy of the return shall be attached to the warrant and filed with the clerk of the court.