BILL REQ. #:  S-4250.1 

READ FIRST TIME 02/04/14.   

     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 district or municipal court judge may issue a search warrant for any person or evidence located anywhere within the county in which that court is located or an adjoining county.

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.
     (4) The evidence in support of the finding of probable cause and a record of the magistrate's permission to affix the magistrate's signature to the warrant shall be preserved and shall be filed with the issuing court as required by CrRLJ 2.3 or CrR 2.3.

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: