H-3119.2

HOUSE BILL 2651

ByRepresentatives Fosse, Farivar, Salahuddin, Goodman, Thai, Ramel, Simmons, Hill, and Pollet

AN ACT Relating to gathering and preserving digital data and evidence relating to federal agent misconduct; and adding a new section to chapter 43.43 RCW.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 43.43 RCW to read as follows:

(1) On receipt of a complaint of federal agent misconduct, the office of the attorney general or a county prosecuting attorney may direct the Washington state patrol to gather and securely retain as much identifying digital data as possible about the federal agent or agents who are the subject of the federal agent misconduct complaint.

(2) A complainant may obtain access to the identifying digital data relevant to the complaint submitted by the complainant to the attorney general or prosecuting attorney only pursuant to a court order issued in:

(a) A civil proceeding alleging a violation of federal constitutional rights by the subject of the federal misconduct complaint; or

(b) A criminal proceeding involving the subject of the federal agent misconduct complaint.

(3) As used in this section:

(a) "Federal agent" means a federal law enforcement officer or a private contractor hired by the department of homeland security to assist in federal law enforcement.

(b) "Federal agent misconduct" means:

(i) Use of excessive force by a federal agent against a member of the public;

(ii) Assault of a member of the public by a federal agent;

(iii) Kidnapping or unlawful detention of a member of the public by a federal agent; or

(iv) Actions by a federal agent that lead to a credible complaint alleging a violation of federal constitutional rights by the subject of the federal misconduct complaint.

(c) "Identifying digital data" means digital information that can help confirm the identity of a federal agent who is the subject of a complaint of federal agent misconduct, including:

(i) License plate data;

(ii) Cell tower data;

(iii) Cell phone data;

(iv) Location data;

(v) Image search results data;

(vi) GPS data;

(vii) Stingray data;

(viii) Facial recognition data; and

(ix) Any other recoverable digital data that may help identify federal agents.

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