BILL REQ. #: H-3833.1
| State of Washington | 63rd Legislature | 2014 Regular Session |
READ FIRST TIME 02/03/14.
AN ACT Relating to creating effective and timely access to magistrates for purposes of reviewing search warrant applications; amending RCW 9A.72.085; adding a new section to chapter 2.20 RCW; adding a new section to chapter 10.79 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that recent decisions
of the United States supreme court and the Washington state supreme
court require law enforcement to obtain the review of a neutral and
disinterested magistrate and the issuance of a search warrant more
frequently before proceeding with a criminal investigation. The
legislature intends to accommodate this requirement by creating
effective and timely access to magistrates for purposes of reviewing
search warrant applications across the state of Washington. This act
does not change the legal standards for issuing a search warrant or the
legal standards for review of an issued search warrant.
NEW SECTION. Sec. 2 A new section is added to chapter 2.20 RCW
to read as follows:
Any magistrate may issue a search warrant for any person or
evidence located anywhere within the state.
NEW SECTION. Sec. 3 A new section is added to chapter 10.79 RCW
to read as follows:
(1) Any magistrate as defined by RCW 2.20.010, when satisfied that
there is probable cause, may upon application supported by oath or
affirmation, issue a search warrant to search for and seize any: (a)
Evidence of a crime; (b) contraband, the fruits of crime, or things
otherwise criminally possessed; (c) weapons or other things by means of
which a crime has been committed or reasonably appears about to be
committed; or (d) person for whose arrest there is probable cause or
who is unlawfully restrained.
(2) The application may be provided or transmitted to the
magistrate by telephone, e-mail, or any other reliable method.
(3) If the magistrate finds that probable cause for the issuance of
a warrant exists, the magistrate must issue a warrant or direct an
individual whom the magistrate authorizes to affix the magistrate's
signature to a warrant identifying the property or person and naming or
describing the person, place, or thing to be searched. The magistrate
may communicate permission to affix the magistrate's signature to the
warrant by telephone, e-mail, or any other reliable method.
Sec. 4 RCW 9A.72.085 and 1981 c 187 s 3 are each amended to read
as follows:
(1) Whenever, under any law of this state or under any rule, order,
or requirement made under the law of this state, any matter in an
official proceeding is required or permitted to be supported,
evidenced, established, or proved by a person's sworn written
statement, declaration, verification, certificate, oath, or affidavit,
the matter may with like force and effect be supported, evidenced,
established, or proved in the official proceeding by an unsworn written
statement, declaration, verification, or certificate, which:
(((1))) (a) Recites that it is certified or declared by the person
to be true under penalty of perjury;
(((2))) (b) Is subscribed by the person;
(((3))) (c) States the date and place of its execution; and
(((4))) (d) States that it is so certified or declared under the
laws of the state of Washington.
(2) The certification or declaration may be in substantially the
following form: