5925-S.E AMH WALJ ADAM 321

ESSB 5925 - H AMD TO CRJ COMM AMD (TO H-3668.1/26) 2159

NOT ADOPTED 03/04/2026

On page 1 of the striking amendment, strike all material after line 2 and insert the following:

"NEW SECTION. Sec. A new section is added to chapter 43.10 RCW to read as follows:

When the attorney general believes that facts and circumstances lead to a reasonable suspicion of possible violations of the United States Constitution, Washington state Constitution, RCW 10.93.160 and 43.10.315, and chapters 39.12, 49.46, 49.48, 49.52, 49.60, and 70.48 RCW, the attorney general may petition under section 2 of this act for appointment of a statewide special inquiry judge for purposes of investigating such violations and obtaining orders requiring a person or entity to produce documentary material, answer written interrogatories, or provide oral testimony that may be relevant to the investigation.

NEW SECTION. Sec. A new section is added to chapter 10.29 RCW to read as follows:

(1) The attorney general may petition the Washington state supreme court for appointment of a statewide special inquiry judge for purposes of investigating possible violations of the state or federal constitutions or state statutes specified under section 1 of this act. The petition must state the general subject matter of the investigation and the reasons why a statewide special inquiry judge should be authorized. If the petition is granted, the supreme court shall designate a judge of the superior court to act as a special inquiry judge. The petition is confidential and not subject to examination or public disclosure pursuant to chapter 42.56 RCW. The scope of the investigation and the statewide special inquiry judge proceeding is limited to the general subject matter identified in the petition.

(2) The attorney general may petition the statewide special inquiry judge for an order directing any person or entity to produce documentary material and permit inspection or copying, answer written interrogatories, or provide oral testimony. The statewide special inquiry judge may grant the petition if it finds reason to believe the person or entity may be able to provide material evidence or give material testimony concerning possible violations of state or federal law identified in the petition.

(3) Documentary material, answers to written interrogatories, or transcripts of oral testimony produced pursuant to an order of the statewide special inquiry judge shall not be produced for inspection or copying by, nor shall the contents thereof be disclosed to anyone other than an authorized employee of the attorney general, without the consent of the person or entity who produced such material, answered written interrogatories, or gave oral testimony, except as otherwise ordered by the statewide special inquiry judge for good cause shown.

Sec. RCW 10.29.050 and 2010 c 8 s 1027 are each amended to read as follows:

A statewide special inquiry judge shall have the following powers and duties:

(1) To hear and receive evidence of crime and corruption, and to hear and receive evidence relating to civil investigations initiated by the attorney general under section 2 of this act.

(2) To appoint a reporter to record the proceedings; and to swear the reporter not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090.

(3) Whenever necessary, to appoint an interpreter, and to swear him or her not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090.

(4) When a person held in official custody is a witness before a statewide special inquiry judge, a public servant, assigned to guard him or her during his or her appearance may accompany him or her. The statewide special inquiry judge shall swear such public servant not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090.

(5) To cause to be called as a witness any person believed by him or her to possess relevant information or knowledge. If the statewide special inquiry judge desires to hear any such witness who was not called by the special prosecutor, it may direct the special prosecutor to issue and serve a subpoena upon such witness and the special prosecutor must comply with such direction. At any time after service of such subpoena and before the return date thereof, however, the special prosecutor may apply to the statewide special inquiry judge for an order vacating or modifying the subpoena on the grounds that such is in the public interest. Upon such application, the statewide special inquiry judge may in its discretion vacate the subpoena, extend its return date, attach reasonable conditions to directions, or make such other qualification thereof as is appropriate.

(6) Upon a showing of good cause may make available any or all evidence obtained to any other public attorney, prosecuting attorney, city attorney, or corporation counsel upon proper application and with the concurrence of the special prosecutor. Any witness' testimony, given before a statewide special inquiry judge and relevant to any subsequent proceeding against the witness, shall be made available to the witness upon proper application to the statewide special inquiry judge. The statewide special inquiry judge may also, upon proper application and upon a showing of good cause, make available to a defendant in a subsequent criminal proceeding other testimony or evidence when given or presented before a special inquiry judge, if doing so is in the furtherance of justice.

(7) Have authority to perform such other duties as may be required to effectively implement this chapter, in accord with rules adopted by the supreme court relating to these proceedings.

(8) Have authority to hold in contempt of court any person who shall disclose the name or testimony of a witness examined before a statewide special inquiry judge except when required by a court to disclose the testimony given before such statewide special inquiry judge in a subsequent criminal proceeding."

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