title: RCW 10.116.060

text:
(1) A peace officer may not engage in a vehicular pursuit, unless:
(a) There is reasonable suspicion a person has violated the law;
(b) The pursuit is necessary for the purpose of identifying or apprehending the person;
(c) The person poses a threat to the safety of others and the safety risks of failing to apprehend or identify the person are considered to be greater than the safety risks of the vehicular pursuit under the circumstances; and
(d)(i) Except as provided in (d)(ii) of this subsection, the pursuing officer notifies a supervising officer immediately upon initiating the vehicular pursuit; there is supervisory oversight of the pursuit; and the pursuing officer, in consultation with the supervising officer, considers alternatives to the vehicular pursuit, the justification for the vehicular pursuit and other safety considerations, including but not limited to speed, weather, traffic, road conditions, and the known presence of minors in the vehicle;
(ii) For those jurisdictions with fewer than 15 commissioned officers, if a supervisor is not on duty at the time, the pursuing officer requests the on-call supervisor be notified of the pursuit according to the agency's procedures, and the pursuing officer considers alternatives to the vehicular pursuit, the justification for the vehicular pursuit, and other safety considerations, including but not limited to speed, weather, traffic, road conditions, and the known presence of minors in the vehicle.
(2) In any vehicular pursuit under this section:
(a) The pursuing officer and the supervising officer, if applicable, shall comply with any agency procedures for designating the primary pursuit vehicle and determining the appropriate number of vehicles permitted to participate in the vehicular pursuit;
(b) The supervising officer, the pursuing officer, or dispatcher shall notify other law enforcement agencies or surrounding jurisdictions that may be impacted by the vehicular pursuit or called upon to assist with the vehicular pursuit, and the pursuing officer and the supervising officer, if applicable, shall comply with any agency procedures for coordinating operations with other jurisdictions, including available tribal police departments when applicable;
(c) The pursuing officer must be able to directly communicate with other officers engaging in the pursuit, the supervising officer, if applicable, and the dispatch agency, such as being on a common radio channel or having other direct means of communication;
(d) As soon as practicable after initiating a vehicular pursuit, the pursuing officer, supervising officer, if applicable, or responsible agency shall develop a plan to end the pursuit through the use of available pursuit intervention options, such as the use of the pursuit intervention technique, deployment of spike strips or other tire deflation devices, or other department authorized pursuit intervention tactics; and
(e) The pursuing officer must have completed an emergency vehicle operator's course, must have completed updated emergency vehicle operator training in the previous two years, where applicable, and must be certified in at least one pursuit intervention option. Emergency vehicle operator training must include training on performing the risk assessment analysis described in subsection (1)(c) of this section.
(3) A vehicle pursuit not meeting the requirements under this section must be terminated.
(4) A peace officer may not fire a weapon upon a moving vehicle unless necessary to protect against an imminent threat of serious physical harm resulting from the operator's or a passenger's use of a deadly weapon. For the purposes of this subsection, a vehicle is not considered a deadly weapon unless the operator is using the vehicle as a deadly weapon and no other reasonable means to avoid potential serious harm are immediately available to the officer.
(5) For purposes of this section, "vehicular pursuit" means an attempt by a uniformed peace officer in a vehicle equipped with emergency lights and a siren to stop a moving vehicle where the operator of the moving vehicle appears to be aware that the officer is signaling the operator to stop the vehicle and the operator of the moving vehicle appears to be willfully resisting or ignoring the officer's attempt to stop the vehicle by increasing vehicle speed, making evasive maneuvers, or operating the vehicle in a reckless manner that endangers the safety of the community or the officer.
[ 2024 c 6 s 1 (Initiative Measure No. 2113); 2023 c 235 s 1; 2021 c 320 s 7.]
Notes:
Effective date—2023 c 235: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 3, 2023]." [ 2023 c 235 s 2.]

catchline: Vehicular pursuit.


doc_type: statute

jurisdiction: wa

title: RCW 10.118.010

text:
The legislature finds that law enforcement transparency and accountability are vital in maintaining public trust. Data collection is one essential tool to allow the public, law enforcement, and policymakers to analyze the effectiveness of existing police practices, determine which policies and training work and do not work, and avoid unintended consequences by supporting policy decisions with clear and relevant data.
The legislature finds that creating a statewide data collection program that creates a publicly accessible database to track metrics will help to promote openness, transparency, and accountability, build stronger police-community relations, improve trust and confidence in policing services, evaluate specific areas of concern such as biased policing and excessive force, and ultimately improve the quality of policing services.
[ 2021 c 326 s 1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Findings.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 10.118.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Contractor" means the institution of higher education contracted with the office of the attorney general to implement the statewide use of force data program as provided in this chapter.
(2) "Great bodily harm" has the same meaning as in RCW 9A.04.110.
(3) "Institution of higher education" has the same meaning as in RCW 28B.92.030.
(4) "Law enforcement agency" or "agency" means any general authority Washington law enforcement agency and limited authority Washington law enforcement agency as those terms are defined in RCW 10.93.020.
(5) "Substantial bodily harm" has the same meaning as in RCW 9A.04.110.
[ 2021 c 326 s 2.]

catchline: Definitions.


title: RCW 10.118.030

text:
(1) Each law enforcement agency in the state is required to report each incident where a law enforcement officer employed by the agency used force and:
(a) A fatality occurred in connection with the use of force;
(b) Great bodily harm occurred in connection with the use of force;
(c) Substantial bodily harm occurred in connection with the use of force; or
(d) A law enforcement officer:
(i) Discharged a firearm at or in the direction of a person;
(ii) Pointed a firearm at a person;
(iii) Used a chokehold or vascular neck restraint;
(iv) Used an electronic control weapon including, but not limited to, a taser, against a person;
(v) Used oleoresin capsicum spray against a person;
(vi) Discharged a less lethal shotgun or other impact munitions at or in the direction of a person;
(vii) Struck a person using an impact weapon or instrument including, but not limited to, a club, baton, or flashlight;
(viii) Used any part of their body to physically strike a person including, but not limited to, punching, kicking, slapping, or using closed fists or feet;
(ix) Used a vehicle to intentionally strike a person or vehicle; or
(x) Deployed a canine by releasing it from the physical control of the law enforcement officer or had under the law enforcement officer's control a canine that bites a person.
(2) Each report required in subsection (1) of this section must include the following information:
(a) The date and time of the incident;
(b) The location of the incident;
(c) The agency or agencies employing the law enforcement officers;
(d) The type of force used by the law enforcement officer;
(e) The type of injury to the person against whom force was used, if any;
(f) The type of injury to the law enforcement officer, if any;
(g) Whether the person against whom force was used was armed or unarmed;
(h) Whether the person against whom force was used was believed to be armed;
(i) The type of weapon the person against whom force was used was armed with, if any;
(j) The age, gender, race, and ethnicity of the person against whom force was used, if known;
(k) The tribal affiliation of the person against whom force was used, if applicable and known;
(l) Whether the person against whom force was used exhibited any signs associated with a potential mental health condition or use of a controlled substance or alcohol based on the observation of the law enforcement officer;
(m) The name, age, gender, race, and ethnicity of the law enforcement officer, if known;
(n) The law enforcement officer's years of service;
(o) The reason for the initial contact between the person against whom force was used and the law enforcement officer;
(p) Whether any minors were present at the scene of the incident, if known;
(q) The entity conducting the independent investigation of the incident, if applicable;
(r) Whether dashboard or body worn camera footage was recorded for an incident;
(s) The number of officers who were present when force was used; and
(t) The number of suspects who were present when force was used.
(3) Each law enforcement agency must also report any additional incidents and data required by the statewide use of force data program developed in section 3, chapter 326, Laws of 2021.
(4) All law enforcement agencies shall submit the reports required by this section in accordance with the requirements of the statewide use of force data program no later than three months after the office of the attorney general determines that the system procured in RCW 10.118.040 can accept law enforcement agency reports. Reports must be made in the format and time frame established in the statewide use of force data program.
(5) A law enforcement agency has satisfied its reporting obligations pursuant to chapter 326, Laws of 2021 by submitting the reports and data required under this section. The contractor shall provide technical assistance to any law enforcement agency in gathering, compiling, and submitting the required reports and data for each incident.
[ 2021 c 326 s 4.]

catchline: Use of force—Reporting requirements.


title: RCW 10.118.040

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the office of the attorney general must engage in a competitive procurement to contract with an institution of higher education to implement the statewide use of force data program. The primary purpose of the contract is to develop a system for law enforcement agencies to report, collect, and publish the use of force data reports required in RCW 10.118.030.
(2) The request for proposal or other procurement method should encourage collaboration with other public and private institutions, businesses, and organizations with significant expertise and experience in collecting, tracking, and reporting data on law enforcement interactions with the public.
(3) Members and representatives of entities participating in the advisory group established in section 3, chapter 326, Laws of 2021 may not participate or bid in the competitive procurement.
(4) The advisory group, or designated members of the group, may participate in the procurement process through the development of the request for proposal and the review and evaluation of responsive bidders.
(5) The contract must require the successful bidder to provide appropriate training to its staff and subcontractor staff, including training on racial equity issues.
[ 2021 c 326 s 5.]

catchline: Competitive procurement.


title: RCW 10.120.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Deadly force" has the same meaning as provided in RCW 9A.16.010.
(2) "De-escalation tactics" refer to actions used by a peace officer that are intended to minimize the likelihood of the need to use force during an incident. Depending on the circumstances, "de-escalation tactics" may include, but are not limited to: Using clear instructions and verbal persuasion; attempting to slow down or stabilize the situation so that more time, options, and resources are available to resolve the incident; creating physical distance by employing tactical repositioning to maintain the benefit of time, distance, and cover; when there are multiple officers, designating one officer to communicate in order to avoid competing commands; requesting and using available support and resources, such as a crisis intervention team, a designated crisis responder or other behavioral health professional, or backup officers.
(3) "Law enforcement agency" includes any "general authority Washington law enforcement agency" and any "limited authority Washington law enforcement agency" as those terms are defined in RCW 10.93.020.
(4) "Less lethal alternatives" include, but are not limited to, verbal warnings, de-escalation tactics, conducted energy weapons, devices that deploy oleoresin capsicum, batons, and beanbag rounds.
(5) "Necessary" means that, under the totality of the circumstances, a reasonably effective alternative to the use of physical force or deadly force does not appear to exist, and the type and amount of physical force or deadly force used is a reasonable and proportional response to effect the legal purpose intended or to protect against the threat posed to the officer or others.
(6) "Peace officer" includes any "general authority Washington peace officer," "limited authority Washington peace officer," and "specially commissioned Washington peace officer" as those terms are defined in RCW 10.93.020; however, "peace officer" does not include any corrections officer or other employee of a jail, correctional, or detention facility, but does include any community corrections officer.
(7) "Physical force" means any act reasonably likely to cause physical pain or injury or any other act exerted upon a person's body to compel, control, constrain, or restrain the person's movement. "Physical force" does not include pat-downs, incidental touching, verbal commands, or compliant handcuffing where there is no physical pain or injury.
(8) "Totality of the circumstances" means all facts known to the peace officer leading up to, and at the time of, the use of force, and includes the actions of the person against whom the peace officer uses such force, and the actions of the peace officer.
[ 2022 c 80 s 2; 2022 c 4 s 2; 2021 c 324 s 2.]
Notes:
Reviser's note: This section was amended by 2022 c 4 s 2 and by 2022 c 80 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—2022 c 80: "(1) In 2021, the legislature passed Engrossed Second Substitute House Bill No. 1310, codified as chapter 10.120 RCW, with the goal of establishing a uniform statewide standard for use of force by peace officers. Since these provisions were enacted, the complexities and nuances of police practices and applicable laws, both in statute and common law, have posed implementation challenges for some police agencies. For that reason, the legislature hereby intends to provide clarification and guidance to police agencies and the public with the passage of chapter 4, Laws of 2022, focusing on behavioral health and other related issues, and the additional changes in this legislation, focusing on enforcement practices as well as clarifying definitions.
(2) The legislature did not enact RCW 10.120.020 with the purpose of preventing or prohibiting peace officers from protecting citizens from danger. To the contrary, the legislature recognizes the importance of enforcing criminal laws and providing safety for all. Therefore, the legislature intends to provide clear authority for peace officers to use physical force to prevent persons from fleeing lawful temporary investigative detentions, also known as Terry stops, and to take persons into custody when authorized or directed by state law. Yet this authority is not without limits. Peace officers must exercise reasonable care when determining whether to use physical force and when using any physical force against another person. Peace officers must, when possible and appropriate, use de-escalation tactics before using physical force. Peace officers may only use force to the extent necessary and reasonable under the totality of the circumstances. This high standard of safety reflects national best practices developed and supported by police leaders across the nation. Most importantly, it strikes the appropriate balance between two important interests: The safety of the public and the peace officers who serve to protect us, and the right of the people to be secure in their persons against unreasonable searches and seizures." [ 2022 c 80 s 1.]
Effective date—2022 c 80: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 17, 2022]." [ 2022 c 80 s 4.]
Intent—2022 c 4: "(1) In 2021, the legislature passed Engrossed Second Substitute House Bill No. 1310, codified as chapter 10.120 RCW, with the goal of establishing a uniform statewide standard for use of force by peace officers. The standard emphasizes the importance of exercising reasonable care and preserving and protecting human life. However, the complexities and nuances of police practices and applicable laws, both in statute and common law, have posed implementation challenges for some police agencies. For that reason, the legislature hereby recognizes the urgent need to provide clarification and guidance for police agencies and the public.
(2) The legislature intends for peace officers to continue performing the critical role of supporting those in crisis and assisting vulnerable members of our communities. The legislature does not intend to prevent or prohibit peace officers from protecting citizens from danger. The legislature recognizes that peace officers can and do perform these responsibilities while also maintaining the highest standards of safety and reasonable care expressed in RCW 10.120.020.
(3) While the newly established civil standard in RCW 10.120.020 is unique insofar as it is codified in state law, it represents national best practices developed by police leaders across the nation. The legislature does not intend to abrogate the criminal liability protections afforded to peace officers in chapter 9A.16 RCW. Instead, the legislature hereby reaffirms its intent to establish RCW 10.120.020 as a distinct and more restrictive civil standard to inform the policies and practices applicable to all peace officers operating within state agencies and local governments. The legislature recognizes the profoundly important role peace officers have in protecting communities, and further recognizes that implementing and enforcing these best practices will improve public safety for all persons across the state." [ 2022 c 4 s 1.]
Effective date—2022 c 4: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 4, 2022]." [ 2022 c 4 s 4.]
Intent—2021 c 324: "The legislature recognizes that additional clarity is necessary following the passage of Initiative Measure No. 940 (chapter 1, Laws of 2019) and Substitute House Bill No. 1064 (chapter 4, Laws of 2019). The legislature intends to address excessive force and discriminatory policing by establishing a requirement for law enforcement and community corrections officers to act with reasonable care when carrying out their duties, including using de-escalation tactics and alternatives to deadly force. Further, the legislature intends to address public safety concerns by limiting the use of deadly force to very narrow circumstances where there is an imminent threat of serious physical injury or death. It is the intent of the legislature that when practicable, peace officers will use the least amount of physical force necessary to overcome actual resistance under the circumstances.
It is the fundamental duty of law enforcement to preserve and protect all human life." [ 2021 c 324 s 1.]


title: RCW 10.120.020

text:
(1) PHYSICAL FORCE. Except as otherwise provided under this section, a peace officer may use physical force against a person to the extent necessary to:
(a) Protect against a criminal offense when there is probable cause that the person has committed, is committing, or is about to commit the offense;
(b) Effect an arrest;
(c) Prevent an escape as defined under chapter 9A.76 RCW;
(d) Take a person into custody, transport a person for evaluation or treatment, or provide other assistance under chapter 10.77, 71.05, or 71.34 RCW;
(e) Take a minor into protective custody when authorized or directed by statute;
(f) Execute or enforce a court order authorizing or directing a peace officer to take a person into custody;
(g) Execute a search warrant;
(h) Execute or enforce an oral directive issued by a judicial officer in the courtroom or a written order where the court expressly authorizes a peace officer to use physical force to execute or enforce the directive or order; or
(i) Prevent a person from fleeing or stop a person who is actively fleeing a lawful temporary investigative detention, provided that the person has been given notice that he or she is being detained and is not free to leave;
(j) Take a person into custody when authorized or directed by statute; or
(k) Protect against an imminent threat of bodily injury to the peace officer, another person, or the person against whom force is being used.
(2) DEADLY FORCE. Except as otherwise provided under this section, a peace officer may use deadly force against another person only when necessary to protect against an immediate threat of serious physical injury or death to the officer or another person. For purposes of this subsection: "Immediate threat of serious physical injury or death" means that, based on the totality of the circumstances, it is objectively reasonable to believe that a person has the present and apparent ability, opportunity, and intent to immediately cause death or serious bodily injury to the peace officer or another person.
(3) REASONABLE CARE. A peace officer shall use reasonable care when determining whether to use physical force or deadly force and when using any physical force or deadly force against another person. To that end, a peace officer shall:
(a) When possible, use all de-escalation tactics that are available and appropriate under the circumstances before using physical force;
(b) When using physical force, use the least amount of physical force necessary to overcome resistance under the circumstances. This includes a consideration of the characteristics and conditions of a person for the purposes of determining whether to use force against that person and, if force is necessary, determining the appropriate and least amount of force possible to effect a lawful purpose. Such characteristics and conditions may include, for example, whether the person: Is visibly pregnant, or states that they are pregnant; is known to be a minor, objectively appears to be a minor, or states that they are a minor; is known to be a vulnerable adult, or objectively appears to be a vulnerable adult as defined in RCW 74.34.020; displays signs of mental, behavioral, or physical impairments or disabilities; is experiencing perceptual or cognitive impairments typically related to the use of alcohol, narcotics, hallucinogens, or other drugs; is suicidal; has limited English proficiency; or is in the presence of children;
(c) Terminate the use of physical force as soon as the necessity for such force ends;
(d) When possible, use less lethal alternatives that are available and appropriate under the circumstances before using deadly force; and
(e) Make less lethal alternatives issued to the officer reasonably available for his or her use.
(4) A peace officer may not use any force tactics prohibited by applicable departmental policy, this chapter, or otherwise by law, except to protect his or her life or the life of another person from an imminent threat.
(5) Nothing in this section:
(a) Limits or restricts a peace officer's authority or responsibility to perform lifesaving measures or perform community caretaking functions to ensure health and safety including, but not limited to, rendering medical assistance, performing welfare checks, or assisting other first responders and medical professionals;
(b) Prevents a peace officer from responding to requests for assistance or service from first responders, medical professionals, behavioral health professionals, social service providers, designated crisis responders, shelter or housing providers, or any member of the public;
(c) Permits a peace officer to use physical force or deadly force in a manner or under such circumstances that would violate the United States Constitution or state Constitution; or
(d) Prevents a law enforcement agency or political subdivision of this state from adopting policies or standards with additional requirements for de-escalation and greater restrictions on the use of physical and deadly force than provided in this section.
[ 2022 c 80 s 3; 2022 c 4 s 3; 2021 c 324 s 3.]
Notes:
Reviser's note: This section was amended by 2022 c 4 s 3 and by 2022 c 80 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2022 c 80: See notes following RCW 10.120.010.
Intent—Effective date—2022 c 4: See notes following RCW 10.120.010.
Intent—2021 c 324: See note following RCW 10.120.010.

catchline: Permissible uses of force.


title: RCW 10.120.030

text:
(1) By July 1, 2022, the attorney general shall develop and publish model policies on law enforcement's use of force and de-escalation tactics consistent with RCW 10.120.020.
(2) By December 1, 2022, all law enforcement agencies shall: Adopt policies consistent with the model policies and submit copies of the applicable policies to the attorney general; or, if the agency did not adopt policies consistent with the model policies, provide notice to the attorney general stating the reasons for any departures from the model policies and an explanation of how the agency's policies are consistent with RCW 10.120.020, including a copy of the agency's relevant policies. After December 1, 2022, whenever a law enforcement agency modifies or repeals any policies pertaining to the use of force or de-escalation tactics, the agency shall submit notice of such action with copies of any relevant policies to the attorney general within 60 days.
(3) By December 31st of each year, the attorney general shall publish on its website a report on the requirements of this section, including copies of the model policies, information as to the status of individual agencies' policies, and copies of any agency policies departing from the model policies.
[ 2021 c 324 s 4.]
Notes:
Intent—2021 c 324: See note following RCW 10.120.010.

catchline: Policies for use of force and de-escalation tactics.


title: RCW 10.122.010

text:
This chapter may be known and cited as the uniform electronic recordation of custodial interrogations act.
[ 2021 c 329 s 1.]

catchline: Short title.


title: RCW 10.122.020

text:
In this chapter:
(1) "Custodial interrogation" means express questioning or other actions or words by a law enforcement officer which are reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody.
(2) "Electronic recording" means an audio recording or audio and video recording that accurately records a custodial interrogation. "Record electronically" and "recorded electronically" have a corresponding meaning.
(3) "Law enforcement agency" means a general authority Washington law enforcement agency or limited authority Washington law enforcement agency as those terms are defined in RCW 10.93.020.
(4) "Law enforcement officer" means a general authority Washington peace officer or limited authority Washington peace officer as those terms are defined in RCW 10.93.020.
(5) "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, or government; governmental subdivision, agency, or instrumentality; or any other legal or commercial entity.
(6) "Place of detention" means a fixed location under the control of a law enforcement agency where individuals are questioned about alleged crimes or status offenses. The term includes a jail, police or sheriff's station, holding cell, correctional or detention facility, police vehicle, and[,] in the case of juveniles, schools.
(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(8) "Statement" means a communication whether oral, written, electronic, or nonverbal.
[ 2021 c 329 s 2.]


title: RCW 10.122.030

text:
(1) Except as otherwise provided by RCW 10.122.050 through 10.122.100, a custodial interrogation, including the giving of any required warning, advice of the rights of the individual being questioned, and the waiver of any rights by the individual, must be recorded electronically in its entirety if the interrogation subject is a juvenile or if the interrogation relates to a felony crime. A custodial interrogation at a jail, police or sheriff's station, holding cell, or correctional or detention facility must be recorded by audio and video means. A custodial interrogation at any other place of detention must be recorded by audio means at minimum.
(2) If a law enforcement officer conducts a custodial interrogation to which subsection (1) of this section applies without electronically recording it in its entirety, the officer shall prepare a written or electronic report explaining the reason for not complying with this section and summarizing the custodial interrogation process and the individual's statements.
(3) A law enforcement officer shall prepare the report required by subsection (2) of this section as soon as practicable after completing the interrogation.
(4) As soon as practicable, a law enforcement officer conducting a custodial interrogation outside a place of detention shall prepare a written or electronic report explaining the decision to interrogate outside a place of detention and summarizing the custodial interrogation process and the individual's statements made outside a place of detention.
(5) This section does not apply to a spontaneous statement made outside the course of a custodial interrogation or a statement made in response to a question asked routinely during the processing of the arrest of an individual.
[ 2021 c 329 s 3.]

catchline: Electronic recording requirement.


title: RCW 10.122.040

text:
Notwithstanding RCW 9.73.030 and 9.73.090, a law enforcement officer conducting a custodial interrogation is not required to obtain consent to electronic recording from the individual being interrogated, but must inform the individual that an electronic recording is being made of the interrogation. This chapter does not permit a law enforcement officer or a law enforcement agency to record a private communication between an individual and the individual's lawyer.
[ 2021 c 329 s 4.]

catchline: Consent not required—Notice.


title: RCW 10.122.050

text:
A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if recording is not feasible because of exigent circumstances. The law enforcement officer conducting the interrogation shall record electronically an explanation of the exigent circumstances before conducting the interrogation, if feasible, or as soon as practicable after the interrogation is completed.
[ 2021 c 329 s 5.]

catchline: Exception for exigent circumstances.


title: RCW 10.122.060

text:
(1) A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if the individual to be interrogated indicates that the individual will not participate in the interrogation if it is recorded electronically. If feasible, the agreement to participate without recording must be recorded electronically.
(2) If, during a custodial interrogation to which RCW 10.122.030 otherwise applies, the individual being interrogated indicates that the individual will not participate in further interrogation unless electronic recording ceases, the remainder of the custodial interrogation need not be recorded electronically. If feasible, the individual's agreement to participate without further recording must be recorded electronically.
(3) A law enforcement officer, with intent to avoid the requirement of electronic recording in RCW 10.122.030, may not encourage an individual to request that a recording not be made.
[ 2021 c 329 s 6.]

catchline: Exception for individual's refusal to be recorded electronically.


title: RCW 10.122.070

text:
If a custodial interrogation occurs in another state in compliance with that state's law or is conducted by a federal law enforcement agency in compliance with federal law, the interrogation need not be recorded electronically unless the interrogation is conducted with intent to avoid the requirement of electronic recording in RCW 10.122.030.
[ 2021 c 329 s 7.]

catchline: Exception for interrogation conducted by other jurisdiction.


title: RCW 10.122.080

text:
(1) A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if the interrogation occurs when no law enforcement officer conducting the interrogation has knowledge of facts and circumstances that would lead an officer reasonably to believe that the individual being interrogated may have committed an act for which RCW 10.122.030 requires that a custodial interrogation be recorded electronically.
(2) If, during a custodial interrogation under subsection (1) of this section, the individual being interrogated reveals facts and circumstances giving a law enforcement officer conducting the interrogation reason to believe that an act has been committed for which RCW 10.122.030 requires that a custodial interrogation be recorded electronically, continued custodial interrogation concerning that act must be recorded electronically, if feasible.
[ 2021 c 329 s 8.]

catchline: Exception based on belief recording not required.


title: RCW 10.122.090

text:
A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if a law enforcement officer conducting the interrogation or the officer's superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. If feasible and consistent with the safety of a confidential informant, an explanation of the basis for the belief that electronic recording would disclose the informant's identity must be recorded electronically at the time of the interrogation. If contemporaneous recording of the basis for the belief is not feasible, the recording must be made as soon as practicable after the interrogation is completed.
[ 2021 c 329 s 9.]

catchline: Exception for safety of individual or protection of identity.


title: RCW 10.122.100

text:
(1) All or part of a custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically to the extent that recording is not feasible because the available electronic recording equipment fails, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.
(2) If both audio and video recording of a custodial interrogation are otherwise required by RCW 10.122.030, recording may be by audio alone if a technical problem in the video recording equipment prevents video recording, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.
(3) If both audio and video recording of a custodial interrogation are otherwise required by RCW 10.122.030, recording may be by video alone if a technical problem in the audio recording equipment prevents audio recording, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.
[ 2021 c 329 s 10.]

catchline: Exception for equipment malfunction.


title: RCW 10.122.110

text:
If the prosecution relies on an exception in RCW 10.122.050 through 10.122.100 to justify a failure to record electronically a custodial interrogation, the prosecution must prove by a preponderance of the evidence that the exception applies.
[ 2021 c 329 s 11.]

catchline: Burden of persuasion.


title: RCW 10.122.120

text:
If the prosecution intends to introduce in its case in chief a statement made during a custodial interrogation to which RCW 10.122.030 applies which was not recorded electronically, the prosecution, not later than the time specified by the local rules governing discovery, shall serve the defendant with written notice of that intent and of any exception on which the prosecution intends to rely.
[ 2021 c 329 s 12.]

catchline: Notice of intent to introduce unrecorded statement.


title: RCW 10.122.130

text:
(1) Unless the court finds that an exception in RCW 10.122.050 through 10.122.100 applies, the court shall consider the failure to record electronically all or part of a custodial interrogation to which RCW 10.122.030 applies in determining whether a statement made during the interrogation is admissible, including whether it was voluntarily made.
(2) If the court admits into evidence a statement made during a custodial interrogation that was not recorded electronically in compliance with RCW 10.122.030, the court shall afford the defendant the opportunity to present to the jury the fact that the statement was not recorded electronically in compliance with RCW 10.122.030.
[ 2021 c 329 s 13.]

catchline: Procedural remedies.


title: RCW 10.122.140

text:
Each law enforcement agency in this state shall establish and enforce procedures to ensure that the electronic recording of all or part of a custodial interrogation is identified, accessible, and preserved throughout the length of any resulting sentence, including any period of community custody extending through final discharge.
[ 2021 c 329 s 14.]

catchline: Handling and preserving electronic recording.


title: RCW 10.122.150

text:
(1) Each law enforcement agency that is a governmental entity of this state shall adopt and enforce policies and procedures to implement this chapter.
(2) The policies and procedures adopted under subsection (1) of this section must address the following topics:
(a) How an electronic recording of a custodial interrogation must be made;
(b) The collection and review of electronic recordings, or the absence thereof, by supervisors in each law enforcement agency;
(c) The assignment of supervisory responsibilities and a chain of command to promote internal accountability;
(d) A process for explaining noncompliance with procedures and imposing administrative sanctions for a failure to comply that is not justified;
(e) A supervisory system expressly imposing on individuals in specific positions a duty to ensure adequate staffing, education, training, and material resources to implement this chapter; and
(f) A process for preserving the chain of custody of an electronic recording.
(3) The policies and procedures adopted under subsection (2)(a) of this section for video recording must contain standards for the angle, focus, and field of vision of a recording device which reasonably promote accurate recording of a custodial interrogation at a place of detention and reliable assessment of its accuracy and completeness.
[ 2021 c 329 s 15.]

catchline: Policies and procedures relating to electronic recording.


title: RCW 10.122.160

text:
(1) A law enforcement agency that is a governmental entity in this state which has implemented procedures reasonably designed to enforce the rules adopted pursuant to RCW 10.122.150 and ensure compliance with this chapter is not subject to civil liability for damages arising from a violation of this chapter.
(2) This chapter does not create a right of action against a law enforcement officer.
[ 2021 c 329 s 16.]

catchline: Limitation of liability.


title: RCW 10.122.170

text:
(1) In any pretrial or posttrial proceeding, an electronic recording of a custodial interrogation is self-authenticating if it is accompanied by a certificate of authenticity sworn under oath or affirmation by an appropriate law enforcement officer.
(2) This chapter does not limit the right of an individual to challenge the authenticity of an electronic recording of a custodial interrogation under law of this state other than this chapter.
[ 2021 c 329 s 17.]

catchline: Self-authentication.


title: RCW 10.122.180

text:
(1) This chapter does not create a right of an individual to require a custodial interrogation to be recorded electronically.
(2) This chapter does not require preparation of a transcript of an electronic recording of a custodial interrogation.
[ 2021 c 329 s 18.]

catchline: No right to electronic recording or transcript.


title: RCW 10.122.190

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2021 c 329 s 19.]

catchline: Application—Construction—2021 c 329.


title: RCW 10.122.200

text:
This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2021 c 329 s 20.]

catchline: Relation to electronic signatures in global and national commerce act.


title: RCW 10.122.900

text:
Sections 1 through 20 of this act take effect January 1, 2022.
[ 2021 c 329 s 24.]

catchline: Effective date—2021 c 329.


title: RCW 10.130.010

text:
The legislature finds that it plays an important role balancing the need to ensure public safety and an individual's right to privacy under both the federal Fourth Amendment to the United States Constitution and the broader protection of individual rights guaranteed by Article I, section 7 of the Washington state Constitution.
The legislature further finds that the dramatic expansion of surveillance technology across the country has demonstrated the need to establish sensible guardrails on the use of surveillance data collected from monitoring the location and travel of individuals, without a warrant, to ensure its use by law enforcement and other government agencies must not come into conflict with existing protections for Washingtonians and ensure that it is not being used for purposes prohibited under state and federal law.
[ 2026 c 239 s 1.]
Notes:
Effective date—2026 c 239: See note following RCW 10.130.030.

catchline: Intent.


title: RCW 10.130.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" includes all state agencies and all local agencies.
(2) "Audit trail data" means all forms of data collected or generated by an automated license plate reader system that identify how the system is accessed or used. "Audit trail data" includes information about who accesses or uses the system, and how and when the system is accessed or used. "Audit trail data" does not include automated license plate reader data.
(3) "Automated license plate reader data" means all data collected by automated license plate reader systems including, but not limited to, global positioning system coordinates, location, date and time, speed of travel, photograph, license plate number, automobile characteristics, or other identifying information. "Automated license plate reader data" does not include audio or video recordings generated by a dashboard or body worn camera, unless such recordings are converted into computer-readable license plate characters or associated metadata, or are indexed, made searchable, or analyzed by license plate number, individual, vehicle, biometric identifier, or other unique identifier for the purpose of identifying, tracking, or reconstructing an individual's or vehicle's location.
(4) "Automated license plate reader system" means a system, software, or computer algorithm, whether used independently or in combination with one or more mobile or fixed automated cameras, that is used to convert images of license plates into computer-readable data. An automated license plate reader system excludes automated school bus safety cameras, speed safety camera systems, and automated traffic safety camera systems, as defined in RCW 46.63.210, that do not interface or interact with an automated license plate reader system for purposes other than those authorized under RCW 46.63.180, 46.63.200, or 46.63.220 through 46.63.260. An automated license plate reader system excludes photo toll system cameras authorized under RCW 47.56.795 or 47.46.105.
(5) "Court order," "warrant," or "subpoena" means a court order as defined in RCW 43.17.420.
(6) "Law enforcement agency" has the same meaning as in RCW 10.116.010.
(7) "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, special purpose district, local housing authorities, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency including their respective employees and agents.
(8) "State agency" includes every state office, department, division, bureau, board, commission, or other state agency, and their respective employees and agents.
[ 2026 c 239 s 2.]
Notes:
Effective date—2026 c 239: See note following RCW 10.130.030.

catchline: Definitions.


title: RCW 10.130.030

text:
(1) Except as provided for in this section, it is unlawful for any agency to access, operate, or use an automated license plate reader system or its associated automated license plate reader data.
(2) An agency may access, operate, or use an automated license plate reader system and its associated data only for the following authorized purposes:
(a) Any law enforcement agency may use an automated license plate reader system for the purpose of comparing captured automated license plate reader data with:
(i) Data in any of the following databases maintained by either a federal or Washington state agency: The department of licensing, the state criminal justice information system, the federal bureau of investigation kidnappings and missing persons list, the national center for missing and exploited children list, and the Washington missing persons list; or
(ii) License plate numbers or vehicle characteristics that have been entered into a state or local automated license plate reader system database or entered in order to perform a search, upon an officer's determination that the license plate numbers or vehicle characteristics are relevant and material to an investigation of a vehicle that is:
(A) Stolen;
(B) Associated with a missing or endangered person;
(C) Registered to an individual for whom there is an outstanding felony or gross misdemeanor warrant; or
(D) Related to or involved in a felony or gross misdemeanor.
(b) Any parking enforcement agency, or their agent, including, but not limited to, cities, counties, the department of enterprise services, and institutions of higher education as defined in RCW 28B.10.016 may use an automated license plate reader system for the following purposes:
(i) Enforcing restrictions on the use of parking spaces; or
(ii) Identifying vehicles in a database for impoundment or immobilization under a local ordinance enacted under RCW 46.55.240, provided the database includes only license plates of vehicles subject to that ordinance.
(c) Any transportation agency may use an automated license plate reader system for the following purposes:
(i) Providing real-time traffic information to the public, traffic modeling, and traffic studies such as determining construction delays and route use; and
(ii) Enforcing commercial vehicle systems at Washington state patrol enforcement sites and weigh stations.
(d) State and local agencies operating automated license plate reader systems are the legal owners of the associated automated license plate reader data collected by the system the agency operates.
(3) It is unlawful for any agency, as described in RCW 43.17.425, to use an automated license plate reader system for immigration investigation or enforcement, or both, in accordance with RCW 10.93.160, or for any protected health care services under chapter 7.115 RCW, or to track or otherwise monitor activity protected by the Washington state Constitution and the first amendment to the United States Constitution.
(4)(a) It is unlawful for any agency to collect automated license plate reader data on the premises or immediate surroundings or access to or from facilities that provide protected health care, as described in chapter 7.115 RCW, or at facilities conducting an immigration matter as defined in RCW 19.154.020, elementary and secondary schools, places of worship, courts, or food banks.
(b) For the purposes of this subsection, "facilities" includes only the building or buildings used for the purposes described in (a) of this subsection and any immediately adjacent parking lots that are primarily or exclusively used for the purposes described in (a) of this subsection.
(5) Any agency that intends to use, or currently uses an automated license plate reader system as of March 30, 2026, and intends to continue using the system, shall register it with the office of the attorney general on forms approved by the office for that purpose within 180 days of March 30, 2026. The head of the agency shall certify that the system meets all the requirements of this chapter, and that the agency has a policy or policies in effect governing its use and a documented training process for the officers that will use it. Agencies may not use automated license plate reader systems that have not been properly registered under this section.
(6) A positive match by an automated license plate reader system alone does not constitute reasonable suspicion as grounds for a state or local law enforcement officer to stop the vehicle. The officer shall develop independent reasonable suspicion for the stop or immediately confirm visually that the license plate on the vehicle matches the image of the license plate displayed on the automated license plate reader system and confirm by other means that the license plate number is in one of the databases specified in subsection (2)(a) of this section.
[ 2026 c 239 s 3.]
Notes:
Effective date—2026 c 239: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 30, 2026]." [ 2026 c 239 s 14.]

catchline: Operation.


title: RCW 10.130.040

text:
Automated license plate reader data collected by or on behalf of an agency, as authorized pursuant to RCW 10.130.030(2), shall not be used or shared for any other purpose and shall not be retained longer than 21 days, with the following exceptions:
(1) When retained pursuant to a valid, court-issued, probable cause felony or gross misdemeanor warrant or subpoena, or as permitted by court order in criminal or civil cases, provided the data is deleted at the conclusion of the criminal or civil case, pursuant to the applicable record retention schedule. Automated license plate reader data may be shared in discovery in accordance with applicable court rules;
(2) When retained for the purpose of parking enforcement, provided the data is deleted no later than 12 hours after final disposition of a parking enforcement case, including exhaustion of any applicable appeals process;
(3) When retained for the purpose of traffic studies, provided the data is deleted no later than 30 days after collection;
(4) When retained for the purpose of enforcing commercial vehicle systems, provided the data is deleted no later than six months after collection; and
(5) When retained for the purpose in RCW 10.130.030(2)(a) for as long as such captured automated license plate reader data is needed as evidence of specific unlawful conduct enumerated in RCW 10.130.030(2)(a).
[ 2026 c 239 s 4.]
Notes:
Effective date—2026 c 239: See note following RCW 10.130.030.

catchline: Retention.


title: RCW 10.130.050

text:
(1) An agency that uses an automated license plate reader system pursuant to RCW 10.130.030(2) shall not:
(a) Disclose, share, or permit access to automated license plate reader data except as required in a judicial proceeding;
(b) Provide any other entity with direct access to the automated license plate reader system, except with other state or local agencies authorized to collect automated license plate reader data under RCW 10.130.030. A third-party vendor providing automated license plate reader system services may access an automated license plate reader system solely to the extent necessary to fulfill a specific agency-authorized purpose.
(2) Any agency that uses a database pursuant to RCW 10.130.030(2) (a) and (b)(ii) shall use the most recent and updated version of the database that is available to the agency and shall check for and apply any available updates no less than once every 24 hours.
(3) An agency shall not sell, lease, rent, or purchase automated license plate reader data or audit trail data.
(4) An agency may obtain privately held automated license plate reader data only pursuant to a valid, court-issued, probable cause warrant.
(5) Automated license plate reader data is not subject to disclosure under the public records act, chapter 42.56 RCW, except such data may be used for bona fide research as defined in RCW 42.48.010 and does not include individually identifiable information.
(6) Any automated license plate reader system vendor must provide technical controls preventing unauthorized data sharing, secondary transfer, or access by nonauthorized agencies, including federal civil immigration enforcement in accordance with this chapter.
(7) Automated license plate reader system vendors are prohibited from selling, leasing, renting, or otherwise allowing access to automated license plate reader data to any nonauthorized agency, person, or entity.
(8) An automated license plate reader system vendor is prohibited from making any changes to an automated license plate reader system, including but not limited to software updates that may change sharing permissions, without the knowledge or explicit consent of the authorized Washington agency. Automated license plate reader system vendors must default any settings related to sharing to prevent any sharing of an agency's data with any nonauthorized agency, person, or entity.
[ 2026 c 239 s 5.]
Notes:
Effective date—2026 c 239: See note following RCW 10.130.030.

catchline: Prohibited practices.


title: RCW 10.130.060

text:
Any information obtained from a knowing violation of RCW 10.130.030 is inadmissible in any civil or criminal case in all courts of general or limited jurisdiction in this state, except with the permission of the person whose rights have been violated in an action brought for damages under RCW 10.130.100.
[ 2026 c 239 s 6.]
Notes:
Effective date—2026 c 239: See note following RCW 10.130.030.

catchline: Admissibility in court.


title: RCW 10.130.070

text:
(1) By July 1, 2027, the attorney general shall develop and publish model policies on the use of automated license plate reader systems consistent with chapter 239, Laws of 2026.
(2)(a) By December 1, 2027, any agency that uses an automated license plate reader system pursuant to RCW 10.130.030(2) shall:
(i) Adopt a policy governing use of the automated license plate reader system consistent with the model policies established under subsection (1) of this section and submit copies of the applicable policies to the attorney general; or, if the agency did not adopt policies consistent with the model policies, provide notice to the attorney general stating the reasons for any departures from the model policies and an explanation of how the agency's policies are consistent with the provisions of chapter 239, Laws of 2026, and include a copy of the agency's relevant policies; and
(ii) Submit an annual report on its automated license plate reader system practices and usage to the appropriate committees of the legislature. The report must also be conspicuously posted on the agency's public website. The report shall include:
(A) The number of matches that resulted in traffic stops or arrests made with assistance from automated license plate reader systems, and the number of subsequent prosecutions;
(B) The number of stolen vehicles and stolen license plates recovered due to use of the system;
(C) The number of preservation requests and disclosure orders received;
(D) The number of times automated license plate reader data or audit trail data was shared with or accessed by another governmental entity and the identity of each of those governmental entities;
(E) The number of times automated license plate reader data was shared or accessed pursuant to a judicial warrant;
(F) Any changes in policy that affect data collection, retention period, access or sharing;
(G) Results from the agency's internal audit of its automated license plate reader system;
(H) The total annual number of automated license plate reader system reads, searches that yielded results, and alerts; and
(I) The locations of cameras used as part of automated license plate reader systems.
(b) Prior to or coincident with implementation of an automated license plate reader system, a local law enforcement agency shall take measures to promote public awareness on the use of such system.
(3) After December 1, 2026, whenever an agency modifies or repeals any policies pertaining to the use of automated license plate reader systems, the agency shall submit notice of such action with copies of any relevant policies to the attorney general within 60 days.
(4) By December 31, 2027, the attorney general shall publish on its website a report on the requirements of this section, including copies of the model policies.
(5) Agencies that adopt policies required by this section must publish the policies on the agency website and submit a website link for those published policies with the attorney general. The attorney general is not required to publish those agency policies.
[ 2026 c 239 s 7.]
Notes:
Effective date—2026 c 239: See note following RCW 10.130.030.

catchline: Policies.


title: RCW 10.130.080

text:
(1) Each agency operating or accessing an automated license plate reader system shall maintain audit trail data documenting all access to the system. Audit trail data must be retained for two years and must include, at a minimum:
(a) A record of each action in which automated license plate reader data is accessed or searched, including:
(i) The identity or username of the person who accessed or queried the system, and as applicable, the organization or entity with whom the person is affiliated;
(ii) The date and time the automated license plate reader data or the automated license plate reader system was accessed or searched;
(iii) Data elements used to query the automated license plate reader system;
(iv) Specific purpose for accessing or querying the automated license plate reader system, including the offense type for any criminal investigation;
(v) The associated call for service or case number; and
(vi) The location of the cameras that are part of the automated license plate reader system accessed.
(b) All records of actions in which automated license plate reader data is exported, downloaded, or shared; and
(c) Any audit trail data generated by or made available through a third-party vendor providing automated license plate reader system services. Each agency shall ensure that all such vendor audit trail data is downloaded or otherwise obtained and retained by the agency in accordance with this section.
(2) Data elements used to query the automated license plate reader system and retained as audit trail data pursuant to subsection (1)(a) of this section may be used solely for auditing purposes and may not be searched, analyzed, compiled, or indexed for investigative purposes. Data elements that contain unique identifiers must be partially redacted in any public disclosure.
(3) Each agency shall conduct an internal audit at least once each year to review:
(a) All access to and use of the automated license plate reader system, as reflected in the audit trail data; and
(b) The agency's compliance with the data retention, purging, and sharing requirements established under this chapter and agency policy.
[ 2026 c 239 s 8.]
Notes:
Effective date—2026 c 239: See note following RCW 10.130.030.

catchline: Audits.


title: RCW 10.130.090

text:
(1) The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
(2) This section applies only to persons, as defined in RCW 19.86.010, who enter into contract with state and local government agencies authorized to use automated license plate reader systems.
[ 2026 c 239 s 9.]
Notes:
Effective date—2026 c 239: See note following RCW 10.130.030.

catchline: Violations—Application of the consumer protection act.


title: RCW 10.130.100

text:
Any person who willfully and intentionally queries, accesses, or uses an automated license plate reader system for a purpose not specifically authorized under this chapter, or who willfully and intentionally retains, sells, shares, permits access, or disseminates automated license plate reader system data or audit trail data in violation of this chapter, is guilty of a gross misdemeanor.
[ 2026 c 239 s 10.]
Notes:
Effective date—2026 c 239: See note following RCW 10.130.030.

catchline: Criminal penalties.


title: RCW 10.130.110

text:
A person injured by a violation of this chapter may bring a civil action to recover any equitable, declaratory relief, or injunctive relief with respect to the violation; and recover all other appropriate relief, including monetary damages. The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under this section the costs of the action, including reasonable attorneys' fees.
[ 2026 c 239 s 11.]
Notes:
Effective date—2026 c 239: See note following RCW 10.130.030.

catchline: Civil remedy.


title: RCW 10.16.080

text:
If it should appear upon the whole examination that no offense has been committed, or that there is not probable cause for charging the defendant with an offense, he or she shall be discharged, and if in the opinion of the magistrate, the complaint was malicious, or without probable cause, and there was no reasonable ground therefor, the costs shall be taxed against the party making the complaint.
[ 2010 c 8 s 1009; Code 1881 s 1925; 1873 p 395 s 223; 1854 p 107 s 31; RRS s 1954.]

catchline: Discharge of defendant—Frivolous complaints.


title: RCW 10.16.100

text:
In all cases where any magistrate shall order a defendant to recognize for his or her appearance before a district or superior court, the magistrate shall forward with the papers in the case, an abstract of the costs that have accrued in the case, and such costs shall be subject to the final determination of the case.
[ 1987 c 202 s 163; Code 1881 s 1937; 1873 p 397 s 236; 1854 p 109 s 44; RRS s 1966.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Abstract of costs forwarded with transcript.


title: RCW 10.16.110

text:
It shall be the duty of the prosecuting attorney of the proper county to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination, as provided by law, touching the commission of any offense wherein the offender shall be committed to jail, or become recognized or held to bail; and if the prosecuting attorney shall determine in any such case that an information ought not to be filed, he or she shall make, subscribe, and file with the clerk of the court a statement in writing containing his or her reasons, in fact and in law, for not filing an information in such case, and such statement shall be filed at and during the session of court at which the offender shall be held for his or her appearance: PROVIDED, That in such case such court may examine such statement, together with the evidence filed in the case, and if upon such examination the court shall not be satisfied with such statement, the prosecuting attorney shall be directed by the court to file the proper information and bring the case to trial.
[ 2010 c 8 s 1010; 1890 p 102 s 6; RRS s 2053. Formerly RCW 10.16.110 and 10.16.120.]

catchline: Statement of prosecuting attorney if no information filed—Court action.


title: RCW 10.16.145

text:
If the magistrate shall be satisfied that there is good cause to believe that any such witness will not perform the condition of his or her recognizance unless other security be given, such magistrate may order the witness to enter into recognizance with such sureties as may be deemed necessary for his or her appearance at court.
[ 2010 c 8 s 1011; Code 1881 s 1930; 1873 p 396 s 229; 1854 p 108 s 37; RRS s 1960. Formerly codified in RCW 10.16.140, part.]
Notes:
Rules of court: This section probably superseded by CrR 6.13. See comment after CrR 6.13.

catchline: Witnesses—Recognizances with sureties.


title: RCW 10.16.150

text:
When any minor is a material witness, any other person may be allowed to recognize for the appearance of such witness, or the magistrate may, in his or her discretion, take the recognizance of such minor in a sum not exceeding fifty dollars which shall be valid and binding in law, notwithstanding the disability of minority.
[ 2010 c 8 s 1012; 1973 1st ex.s. c 154 s 19; Code 1881 s 1931; 1873 p 396 s 230; 1854 p 108 s 38; RRS s 1961.]
Notes:
Rules of court: This section probably superseded by CrR 6.13. See comment after CrR 6.13.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Recognizances for minors.


title: RCW 10.16.160

text:
All witnesses required to recognize with or without sureties shall, if they refuse, be committed to the county jail by the magistrate, there to remain until they comply with such orders or be otherwise discharged according to law: PROVIDED, That when the magistrate is satisfied that any witness required to recognize with sureties is unable to comply with such order, the magistrate shall immediately take the deposition of such witness and discharge the witness from custody upon the witness' own recognizance. The testimony of the witness shall be reduced to writing by a district judge or some competent person under the judge's direction, and only the exact words of the witness shall be taken; the deposition, except the cross-examination, shall be in the narrative form, and upon the cross-examination the questions and answers shall be taken in full. The defendant must be present in person when the deposition is taken, and shall have an opportunity to cross-examine the witnesses; the defendant may make any objections to the admission of any part of the testimony, and all objections shall be noted by the district judge; but the district judge shall not decide as to the admissibility of the evidence, but shall take all the testimony offered by the witness. The deposition must be carefully read to the witness, and any corrections the witness may desire to make thereto shall be made in presence of the defendant by adding the same to the deposition as first taken; it must be signed by the witness, certified by the district judge, and transmitted to the clerk of the superior court, in the same manner as depositions in civil actions. And if the witness is not present when required to testify in the case, either before the grand jury or upon the trial in the superior court, the deposition shall be submitted to the judge of such superior court, upon the objections noted by the district judge, and such judge shall suppress so much of said deposition as such judge shall find to be inadmissible, and the remainder of the deposition may be read as evidence in the case, either before the grand jury or upon the trial in the court.
[ 1987 c 202 s 164; 1891 c 11 s 15; Code 1881 s 1932; 1877 p 203 s 8; 1873 p 396 s 232; 1854 p 108 s 39; RRS s 1962. Formerly RCW 10.16.160, 10.16.170, and 10.16.180.]
Notes:
Rules of court: This section modified if not superseded by CrR 6.13. See comment after CrR 6.13.
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Witnesses—Failure to furnish recognizance—Commitment—Deposition—Discharge.


title: RCW 10.19.040

text:
Any officer authorized to execute a warrant in a criminal action, may take the recognizance and justify and approve the bail; he or she may administer an oath and examine the bail as to its sufficiency.
[ 2010 c 8 s 1013; Code 1881 s 1034; 1873 p 229 s 214; 1854 p 114 s 78; RRS s 2087. FORMER PART OF SECTION: 1891 c 11 s 13; Code 1881 s 1927; 1873 p 395 s 225; 1854 p 108 s 33; RRS s 1957, now codified in RCW 10.16.070.]

catchline: Officers authorized to take recognizance and approve bail.


title: RCW 10.19.055

text:
Bail for the release of a person arrested and detained for a class A or B felony offense must be determined on an individualized basis by a judicial officer.
[ 2012 c 6 s 1; 2010 c 254 s 2.]

catchline: Class A or B felony offenses—Bail for release determined by judicial officer.


title: RCW 10.19.060

text:
Every recognizance taken by any peace officer must be certified by him or her forthwith to the clerk of the court to which the defendant is recognized. The clerk must thereupon record the recognizance in the order book, and, from the time of filing, it has the same effect as if taken in open court.
[ 2010 c 8 s 1014; Code 1881 s 1035; 1873 p 230 s 215; 1854 p 114 s 79; RRS s 2088.]

catchline: Certification and filing of recognizances.


title: RCW 10.19.065

text:
Recognizances in criminal proceedings may be taken in open court and entered on the order book.
[Code 1881 s 1033; 1854 p 114 s 77; RRS s 2086.]

catchline: Taking and entering recognizances.


title: RCW 10.19.090

text:
In criminal cases where a recognizance for the appearance of any person, either as a witness or to appear and answer, shall have been taken and a default entered, the recognizance shall be declared forfeited by the court, and at the time of adjudging such forfeiture said court shall enter judgment against the principal and sureties named in such recognizance for the sum therein mentioned, and execution may issue thereon the same as upon other judgments. If the surety is not notified by the court in writing of the unexplained failure of the defendant to appear within thirty days of the date for appearance, then the forfeiture shall be null and void and the recognizance exonerated.
[ 1986 c 322 s 2; Code 1881 s 1137; 1873 p 230 s 217; 1867 p 103 s 1; RRS s 2231.]
Notes:
Severability—1986 c 322: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1986 c 322 s 6.]

catchline: Forfeiture, exoneration of recognizances—Judgment—Execution.


title: RCW 10.19.100

text:
The parties, or either of them, against whom such judgment may be entered in the superior or supreme courts, may stay said execution for sixty days by giving a bond with two or more sureties, to be approved by the clerk, conditioned for the payment of such judgment at the expiration of sixty days, unless the same shall be vacated before the expiration of that time.
[ 1891 c 28 s 86; Code 1881 s 1138; 1873 p 242 s 281; 1867 p 103 s 2; RRS s 2232. FORMER PART OF SECTION: 1891 c 28 s 87; Code 1881 s 1139; 1867 p 103 s 3; RRS s 2233, now codified as RCW 10.19.105.]

catchline: Stay of execution of forfeiture judgment—Bond.


title: RCW 10.19.105

text:
If a bond be given and execution stayed, as provided in RCW 10.19.100, and the person for whose appearance such recognizance was given shall be produced in court before the expiration of said period of sixty days, the judge may vacate such judgment upon such terms as may be just and equitable, otherwise execution shall forthwith issue as well against the sureties in the new bond as against the judgment debtors.
[ 1891 c 28 s 87; Code 1881 s 1139; 1867 p 103 s 3; RRS s 2233. Formerly RCW 10.19.100, part.]

catchline: Forfeiture judgment vacated on defendant's production—When.


title: RCW 10.19.110

text:
All recognizances taken and forfeited before any district judge or magistrate, shall be forthwith certified to the clerk of the superior court of the county; and it shall be the duty of the prosecuting attorney to proceed at once by action against all the persons bound in such recognizances, and in all forfeited recognizances whatever, or such of them as the prosecuting attorney may elect to proceed against.
[ 1987 c 202 s 165; Code 1881 s 1166; 1873 p 230 s 215; 1854 p 128 s 175; RRS s 2234. FORMER PART OF SECTION: Code 1881 s 1936; 1873 p 397 s 235; 1863 p 390 s 216; 1859 p 141 s 185; 1854 p 109 s 43; RRS s 1965, now codified as RCW 10.16.190.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Recognizances before district judge or magistrate—Forfeiture—Action.


title: RCW 10.19.120

text:
No action brought on any recognizance, bail, or appearance bond given in any criminal proceeding whatever shall be barred or defeated, nor shall judgment be arrested thereon, by reason of any neglect or omission to note or record the default of any principal or surety at the time when such default shall happen, or by reason of any defect in the form of the recognizance, if it sufficiently appear from the tenor thereof at what court or before what district judge the party or witness was bound to appear, and that the court or magistrate before whom it was taken was authorized by law to require and take such recognizance; and a recognizance may be recorded after execution awarded.
[ 1987 c 202 s 166; 1891 c 28 s 88; Code 1881 s 1167; 1854 p 129 s 176; RRS s 2235. FORMER PART OF SECTION: Code 1881 s 749; 1854 p 219 s 489; RRS s 777, now codified as RCW 19.72.170.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Actions not barred by defect of form or formality.


title: RCW 10.19.140

text:
If a forfeiture has been entered against a person in a criminal case and the person is returned to custody or produced in court within twelve months from the forfeiture, then the full amount of the bond, less any and all costs determined by the court to have been incurred by law enforcement in transporting, locating, apprehending, or processing the return of the person to the jurisdiction of the court, shall be remitted to the surety if the surety was directly responsible for producing the person in court or directly responsible for apprehension of the person by law enforcement.
[ 1986 c 322 s 3.]
Notes:
Severability—1986 c 322: See note following RCW 10.19.090.

catchline: Return of bond to surety, when.


title: RCW 10.19.150

text:
The liability of the surety is limited to the amount of the bond when acting within the scope of the surety's duties in issuing the bond.
[ 1986 c 322 s 4.]
Notes:
Severability—1986 c 322: See note following RCW 10.19.090.

catchline: Liability of surety, limitation.


title: RCW 10.19.160

text:
The surety on the bond may return to custody a person in a criminal case under the surety's bond if the surrender is accompanied by a notice of forfeiture or a notarized affidavit specifying the reasons for the surrender. The surrender shall be made to the county or city jail affiliated with the jurisdiction issuing the warrant resulting in bail. Upon surrender, a person must be held until the next judicial day or until another bond is posted.
[ 2017 c 78 s 1; 1986 c 322 s 5.]
Notes:
Severability—1986 c 322: See note following RCW 10.19.090.

catchline: Surrender of person under surety's bond.


title: RCW 10.19.170

text:
Notwithstanding CrR 3.2, a court who releases a defendant arrested or charged with a violent offense as defined in RCW 9.94A.030 on the offender's personal recognizance or personal recognizance with conditions must state on the record the reasons why the court did not require the defendant to post bail.
[ 1996 c 181 s 1.]

catchline: Violent offenders—Reasons for release without bail.


title: RCW 10.21.010

text:
It is the intent of the legislature to enact a law for the purpose of reasonably assuring public safety in bail determination hearings and hearings pursuant to the proposed amendment to Article I, section 20 of the state Constitution set forth in House Joint Resolution No. 4220. Other provisions of law address matters relating to assuring the appearance of the defendant at trial and preventing interference with the administration of justice.
[ 2010 c 254 s 3.]
Notes:
Intent—2010 c 254: "The legislature intends by this act to require an individualized determination by a judicial officer of conditions of release for persons in custody for felony. This requirement is consistent with constitutional requirements and court rules regarding the right of a detained person to a prompt determination of probable cause and judicial review of the conditions of release and the requirement that judicial determinations of bail or release be made no later than the preliminary appearance stage." [ 2010 c 254 s 1.]
Contingent effective date—2010 c 254: "Sections 1 and 2 of this act take effect January 1, 2011. Sections 3 through 10 of this act take effect January 1, 2011, only if the proposed amendment to Article I, section 20 of the state Constitution proposed in House Joint Resolution No. 4220 is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not approved and ratified, sections 3 through 11 of this act are null and void in their entirety." [ 2010 c 254 s 14.] House Joint Resolution No. 4220 was approved and ratified by the voters November 2, 2010.

catchline: Intent.


title: RCW 10.21.015

text:
(1) Under this chapter, "pretrial release program" is any program in superior, district, or municipal court, either run directly by a county or city, or by a private or public entity through contract with a county or city, into whose custody an offender is released prior to trial and which agrees to supervise the offender. As used in this section, "supervision" includes, but is not limited to, work release, day monitoring, electronic monitoring, or participation in a 24/7 sobriety program.
(2) A pretrial release program may not agree to supervise, or accept into its custody, an offender who is currently awaiting trial for a violent offense or sex offense, as defined in RCW 9.94A.030, who has been convicted of one or more violent offenses or sex offenses in the ten years before the date of the current offense, unless the offender's release before trial was secured with a payment of bail.
[ 2018 c 276 s 2; 2015 2nd sp.s. c 3 s 20; 2014 c 24 s 1.]
Notes:
Findings—Intent—2018 c 276: "The legislature finds that bail and other pretrial release programs seek to alleviate the harsh consequences of pretrial detention. While the primary function of bail is to ensure an accused's appearance in court, courts are allowed to pursue other compelling interests through regulation of pretrial release. The legislature further finds that public safety is one such compelling interest and additional measures need to be taken to identify restrictions necessary to protect the public from harm through appropriate sanctions and compliance with court-ordered restrictions. The legislature further intends to require an individualized determination by a judicial officer of conditions of release for persons in custody. This requirement is consistent with constitutional requirements and court rules regarding the right of a detained person to a prompt determination of probable cause and judicial review of the conditions of release." [ 2018 c 276 s 1.]
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.

catchline: Pretrial release program.


title: RCW 10.21.017

text:
Under this chapter where a person charged with a felony offense is ordered to enter a program of home detention, "home detention" means any program meeting the definition of home detention in RCW 9.94A.030, and complying with the requirements of RCW 9.94A.736.
[ 2018 c 276 s 3; 2015 c 287 s 6.]
Notes:
Findings—Intent—2018 c 276: See note following RCW 10.21.015.

catchline: Home detention.


title: RCW 10.21.020

text:
Upon the appearance before a judicial officer of a person charged with an offense, the judicial officer must issue an order that, pending trial, the person be:
(1) Released on personal recognizance;
(2) Released on a condition or combination of conditions ordered under RCW 10.21.030 or other provision of law;
(3) Temporarily detained as allowed by law; or
(4) Detained as provided under chapter 254, Laws of 2010.
[ 2010 c 254 s 4.]
Notes:
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.

catchline: Appearance before judicial officer—Issuance of order.


title: RCW 10.21.030

text:
(1) The judicial officer in any felony, misdemeanor, or gross misdemeanor case may at any time amend the order to impose additional or different conditions of release. The conditions imposed under this chapter supplement but do not supplant provisions of law allowing the imposition of conditions to assure the appearance of the defendant at trial or to prevent interference with the administration of justice.
(2) Appropriate conditions of release under this chapter include, but are not limited to, the following:
(a) The defendant may be placed in the custody of a pretrial release program;
(b) The defendant may have restrictions placed upon travel, association, or place of abode during the period of release;
(c) The defendant may be required to comply with a specified curfew;
(d) The defendant may be required to return to custody during specified hours or to be placed on electronic monitoring, as defined in RCW 9.94A.030, if available. The defendant, if convicted, may not have the period of incarceration reduced by the number of days spent on electronic monitoring;
(e) The defendant may be required to comply with a program of home detention. For a felony offense, home detention is defined in RCW 9.94A.030;
(f) The defendant may be prohibited from approaching or communicating in any manner with particular persons or classes of persons;
(g) The defendant may be prohibited from going to certain geographical areas or premises;
(h) The defendant may be prohibited from possessing any dangerous weapons or firearms;
(i) The defendant may be prohibited from possessing or consuming any intoxicating liquors or drugs not prescribed to the defendant. The defendant may be required to submit to testing to determine the defendant's compliance with this condition;
(j) The defendant may be prohibited from operating a motor vehicle that is not equipped with an ignition interlock device;
(k) The defendant may be required to report regularly to and remain under the supervision of an officer of the court or other person or agency; and
(l) The defendant may be prohibited from committing any violations of criminal law.
[ 2018 c 276 s 4; 2015 c 287 s 5; 2014 c 24 s 2; 2010 c 254 s 5.]
Notes:
Findings—Intent—2018 c 276: See note following RCW 10.21.015.
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.
PDF
RCW 10.21.030
Conditions of release—Judicial officer may amend order. (Effective January 1, 2029.)
(1) The judicial officer in any felony, misdemeanor, or gross misdemeanor case may at any time amend the order to impose additional or different conditions of release. The conditions imposed under this chapter supplement but do not supplant provisions of law allowing the imposition of conditions to assure the appearance of the defendant at trial or to prevent interference with the administration of justice.
(2) Appropriate conditions of release under this chapter include, but are not limited to, the following:
(a) The defendant may be placed in the custody of a pretrial release program;
(b) The defendant may have restrictions placed upon travel, association, or place of abode during the period of release;
(c) The defendant may be required to comply with a specified curfew;
(d) The defendant may be required to return to custody during specified hours or to be placed on electronic monitoring, as defined in RCW 9.94A.030, if available. The defendant, if convicted, may not have the period of incarceration reduced by the number of days spent on electronic monitoring;
(e) The defendant may be required to comply with a program of home detention. For a felony offense, home detention is defined in RCW 9.94A.030;
(f) The defendant may be prohibited from approaching or communicating in any manner with particular persons or classes of persons;
(g) The defendant may be prohibited from going to certain geographical areas or premises;
(h) The defendant may be prohibited from possessing any dangerous weapons or firearms;
(i) The defendant may be prohibited from possessing or consuming any intoxicating liquors or drugs not prescribed to the defendant. The defendant may be required to submit to testing to determine the defendant's compliance with this condition;
(j) The defendant may be prohibited from operating a motor vehicle that is not equipped with an ignition interlock device;
(k) The defendant may be prohibited from operating a motor vehicle that is not equipped with an intelligent speed assistance device, as defined in RCW 46.04.218 and configured and programmed as provided in RCW 46.20.765(3);
(l) The defendant may be required to report regularly to and remain under the supervision of an officer of the court or other person or agency; and
(m) The defendant may be prohibited from committing any violations of criminal law.
[ 2025 c 228 s 11; 2018 c 276 s 4; 2015 c 287 s 5; 2014 c 24 s 2; 2010 c 254 s 5.]
Notes:
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
Findings—Intent—2018 c 276: See note following RCW 10.21.015.
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.

catchline: Conditions of release—Judicial officer may amend order. (Effective until January 1, 2029.)


title: RCW 10.21.040

text:
If, after a hearing on offenses prescribed in Article I, section 20 of the state Constitution, the judicial officer finds, by clear and convincing evidence, that a person shows a propensity for violence that creates a substantial likelihood of danger to the community or any persons, and finds that no condition or combination of conditions will reasonably assure the safety of any other person and the community, such judicial officer must order the detention of the person before trial. The detainee is entitled to expedited review of the detention order by the court of appeals under the writ provided in RCW 7.36.160.
[ 2010 c 254 s 6.]
Notes:
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.


title: RCW 10.21.045

text:
A judicial officer in a municipal, district, or superior court imposing conditions of pretrial release for a defendant accused of a misdemeanor, gross misdemeanor, or felony offense, may prohibit the defendant from possessing or consuming any intoxicating liquors or drugs not prescribed to the defendant, and require the defendant to submit to testing to determine the defendant's compliance with this condition, when the judicial officer determines that such condition is necessary to protect the public from harm.
[ 2018 c 276 s 6.]
Notes:
Findings—Intent—2018 c 276: See note following RCW 10.21.015.

catchline: Conditions of release—Drugs and intoxicating liquors—Testing.


title: RCW 10.21.050

text:
The judicial officer in any felony, misdemeanor, or gross misdemeanor case must, in determining whether there are conditions of release that will reasonably assure the safety of any other person and the community, take into account the available information concerning:
(1) The nature and circumstances of the offense charged, including whether the offense is a crime of violence;
(2) The weight of the evidence against the defendant; and
(3) The history and characteristics of the defendant, including:
(a) The defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings;
(b) Whether, at the time of the current offense or arrest, the defendant was on community supervision, probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal, state, or local law;
(c) The nature and seriousness of the danger to any person or the community that would be posed by the defendant's release; and
(d) The defendant's firearms history, including purchase history, any concealed pistol license history, and the requirements of RCW 9.41.800 regarding issuance of an order to surrender and prohibit weapons.
[ 2023 c 462 s 406; 2018 c 276 s 5; 2010 c 254 s 7.]
Notes:
Findings—Intent—2018 c 276: See note following RCW 10.21.015.
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.

catchline: Conditions of release—Judicial officer to consider available information.


title: RCW 10.21.055

text:
(1)(a) When any person charged with a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, in which the person has a prior offense as defined in RCW 46.61.5055 and the current offense involves alcohol, is released from custody at arraignment or trial on bail or personal recognizance, the court authorizing the release shall require, as a condition of release that person comply with one of the following four requirements:
(i) Have a functioning ignition interlock device installed on all motor vehicles operated by the person, with proof of installation filed with the court by the person or the certified interlock provider within five business days of the date of release from custody or as soon thereafter as determined by the court based on availability within the jurisdiction; or
(ii) Comply with 24/7 sobriety program monitoring, as defined in RCW 36.28A.330; or
(iii) Have an ignition interlock device on all motor vehicles operated by the person pursuant to (a)(i) of this subsection and submit to 24/7 sobriety program monitoring pursuant to (a)(ii) of this subsection, if available, or alcohol monitoring, at the expense of the person, as provided in RCW 46.61.5055(5) (b) and (c); or
(iv) Have an ignition interlock device on all motor vehicles operated by the person and that such person agrees not to operate any motor vehicle without an ignition interlock device as required by the court. Under this subsection (1)(a)(iv), the person must file a sworn statement with the court upon release at arraignment that states the person will not operate any motor vehicle without an ignition interlock device while the ignition interlock restriction is imposed by the court. Such person must also submit to 24/7 sobriety program monitoring pursuant to (a)(ii) of this subsection, if available, or alcohol monitoring, at the expense of the person, as provided in RCW 46.61.5055(5) (b) and (c).
(b) The court shall immediately notify the department of licensing when an ignition interlock restriction is imposed as a condition of release or after conviction in instances where a person is charged with, or convicted of, a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. If the court imposes an ignition interlock restriction, the department of licensing shall attach or imprint a notation on the driving record of any person restricted under this section stating that the person may operate only a motor vehicle equipped with a functioning ignition interlock device.
(2)(a) Upon acquittal or dismissal of all pending or current charges relating to a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, or equivalent local ordinance, the court shall authorize removal of the ignition interlock device and lift any requirement to comply with electronic alcohol/drug monitoring imposed under subsection (1) of this section. Nothing in this section limits the authority of the court or department under RCW 46.20.720.
(b) If the court authorizes removal of an ignition interlock device imposed under this section, the court shall immediately notify the department of licensing regarding the lifting of the ignition interlock restriction and the department of licensing shall release any attachment, imprint, or notation on such person's driving record relating to the ignition interlock requirement imposed under this section.
(3) When an ignition interlock restriction imposed as a condition of release is canceled, the court shall provide a defendant with a written order confirming release of the restriction. The written order shall serve as proof of release of the restriction until which time the department of licensing updates the driving record.
[ 2020 c 330 s 3; 2016 c 203 s 16; 2015 2nd sp.s. c 3 s 2; 2013 2nd sp.s. c 35 s 1.]
Notes:
Effective date—2020 c 330: See note following RCW 9.94A.729.
Finding—Intent—2015 2nd sp.s. c 3: "The legislature finds that impaired driving continues to be a significant cause of motor vehicle crashes and that additional measures need to be taken to identify people who are driving under the influence, provide appropriate sanctions, and ensure compliance with court-ordered restrictions. The legislature intends to increase the availability of forensic phlebotomists so that offenders can be appropriately and efficiently identified. The legislature further intends to require consecutive sentencing in certain cases to increase punishment and supervision of offenders. The legislature intends to clarify ignition interlock processes and requirements to ensure that those offenders ordered to have ignition interlock devices do not drive vehicles without the required devices." [ 2015 2nd sp.s. c 3 s 1.]

catchline: Conditions of release—Requirements—Ignition interlock device—24/7 sobriety program monitoring—Notice by court, when—Release order.


title: RCW 10.21.060

text:
(1) The judicial officer must hold a hearing in cases involving offenses prescribed in Article I, section 20, to determine whether any condition or combination of conditions will reasonably assure the safety of any other person and the community upon motion of the attorney for the government.
(2) The hearing must be held immediately upon the defendant's first appearance before the judicial officer unless the defendant, or the attorney for the government, seeks a continuance. Except for good cause, a continuance on motion of such person may not exceed five days (not including any intermediate Saturday, Sunday, or legal holiday), and a continuance on motion of the attorney for the government may not exceed three days (not including any intermediate Saturday, Sunday, or legal holiday). During a continuance, such person must be detained.
(3) At the hearing, such defendant has the right to be represented by counsel, and, if financially unable to obtain representation, to have counsel appointed. The defendant must be afforded an opportunity to testify, to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise. The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing. The facts the judicial officer uses to support a finding that no condition or combination of conditions will reasonably assure the safety of any other person and the community must be supported by clear and convincing evidence of a propensity for violence that creates a substantial likelihood of danger to the community or any persons.
(4) The defendant may be detained pending completion of the hearing. The hearing may be reopened, before or after a determination by the judicial officer, at any time before trial if the judicial officer finds that information exists that was not known to the movant at the time of the hearing and that has a material bearing on the issue whether there are conditions of release that will reasonably assure the safety of any other person and the community.
[ 2010 c 254 s 8.]
Notes:
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.

catchline: Hearing—Appearance—Defendant's right to representation—Detention of defendant.


title: RCW 10.21.070

text:
In a release order issued under RCW 10.21.030 the judicial officer must:
(1) Include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the defendant's conduct; and
(2) Advise the defendant of:
(a) The penalties for violating a condition of release, including the penalties for committing an offense while on pretrial release; and
(b) The consequences of violating a condition of release, including the immediate issuance of a warrant for the defendant's arrest.
[ 2010 c 254 s 9.]
Notes:
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.

catchline: Release order—Requirements.