BILL REQ. #:  H-4454.3 

Read first time 03/02/12.   Referred to Committee on Judiciary.

     AN ACT Relating to intercepting geolocation information; adding a new section to chapter 9.73 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 9.73 RCW to read as follows:
     (1) Except as provided in subsection (3) of this section, it is unlawful for any person to intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, geolocation information pertaining to another person.
     (2) For the purposes of this section:
     (a) "Geolocation information" means, with respect to a person, any information, that is not the content of a communication, concerning the location of a wireless communication device or tracking device that, in whole or in part, is generated by or derived from the operation of that device and that could be used to determine or infer information regarding the location of the person.
     (b) "Intercept" means the acquisition of geolocation information through the use of any electronic, mechanical, or other device.
     (3) It is not unlawful under this section for:
     (a) A person to intercept geolocation information pertaining to another person if such other person has given prior consent to such interception unless such information is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any state;
     (b) A parent or legal guardian of a child to intercept geolocation information pertaining to that child or to give consent for another person to intercept such information;
     (c) A person acting under color of law to intercept geolocation information pertaining to the location of another person who has unlawfully taken the device sending the geolocation information if:
     (i) The owner or operator of such device authorizes the interception of the person's geolocation information;
     (ii) The person acting under color of law is lawfully engaged in an investigation; and
     (iii) The person acting under color of law has reasonable grounds to believe that the geolocation information of the other person will be relevant to the investigation.
     (4) This section shall neither restrict nor expand the authority of a law enforcement or peace officer, community corrections officer, or emergency responder performing his or her official duties.
     (5) Except as otherwise provided in this chapter, any person who violates this section is guilty of a gross misdemeanor.