H-3883              _______________________________________________

                                                   HOUSE BILL NO. 2744

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Doty and Crane

Read first time 1/19/90 and referred to Committee on Judiciary.

AN ACT Relating to search of probationers; and adding a new section to chapter 9.94A RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9.94A RCW to read as follows:

          Before an offender may be placed on probation, the offender shall first be advised of his or her constitutional rights regarding search and seizure, then shall be advised that in order to receive probation, the offender shall agree to submit his or her person, property, automobile, and any object under the offender's control to search and seizure in or out of his or her presence, by any law enforcement or probation officer, at any time of the day or night, with or without his or her consent, and with or without a warrant.  If the offender accepts probation after being so advised, he or she is deemed to have waived his or her constitutional rights in regard to search and seizure as specified in the probation agreement.