title: RCW 10.21.080

text:
(1) In a detention order issued under RCW 10.21.040, the judicial officer must:
(a) Include written findings of fact and a written statement of the reasons for the detention;
(b) Direct that the person be committed to the custody of the appropriate correctional authorities for confinement separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal; and
(c) Direct that the person be afforded reasonable opportunity for private consultation with counsel.
(2) The judicial officer may, by subsequent order, permit the temporary release of the person, in the custody of an appropriate law enforcement officer or other appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation of the person's defense or for another compelling reason.
[ 2010 c 254 s 10.]
Notes:
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.


doc_type: statute

jurisdiction: wa

title: RCW 10.21.090

text:
A monitoring agency, as defined in RCW 9.94A.736, may not agree to monitor pursuant to home detention or electronic monitoring an offender who is currently awaiting trial for a violent or sex offense, as defined in RCW 9.94A.030, unless the defendant's release before trial is secured with a payment of bail. If bail is revoked by the court or the bail bond agency, the court shall note the reason for the revocation in the court file.
[ 2015 c 287 s 12.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Home detention or electronic monitoring—Conditions.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 10.21.900

text:
Nothing in this chapter may be construed as modifying or limiting the presumption of innocence.
[ 2010 c 254 s 11.]
Notes:
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.

catchline: Construction of chapter.


title: RCW 10.22.010

text:
When a defendant is prosecuted in a criminal action for a misdemeanor, other than a violation of RCW 9A.48.105, for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in RCW 10.22.020, except when it was committed:
(1) By or upon an officer while in the execution of the duties of his or her office;
(2) Riotously;
(3) With an intent to commit a felony; or
(4) By one family or household member against another or by one intimate partner against another as defined in RCW 10.99.020 and was a crime of domestic violence as defined in RCW 10.99.020.
[ 2021 c 215 s 117; 2020 c 29 s 9; 2010 c 8 s 1015; 2008 c 276 s 308; 1999 c 143 s 45; 1989 c 411 s 3; Code 1881 s 1040; 1854 p 115 s 84; RRS s 2126. FORMER PART OF SECTION: Code 1881 s 1935; 1873 p 397 s 234; 1854 p 109 s 42; RRS s 1964, now codified as RCW 10.16.135.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2020 c 29: See note following RCW 7.77.060.
Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.

catchline: When permitted—Exceptions.


title: RCW 10.22.020

text:
In such case, if the party injured appear in the court in which the cause is pending at any time before the final judgment therein, and acknowledge, in writing, that he or she has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be discontinued and the defendant to be discharged. The reasons for making the order must be set forth therein and entered in the minutes. Such order is a bar to another prosecution for the same offense.
[ 2010 c 8 s 1016; 1891 c 28 s 63; Code 1881 ss 1041, 1042; 1873 p 230 s 220; 1854 p 115 s 84; RRS s 2127.]

catchline: Procedure—Costs.


title: RCW 10.22.030

text:
No offense can be compromised, nor can any proceedings for the prosecution or punishment thereof be stayed upon a compromise, except as provided in this chapter.
[ 1891 c 28 s 64; Code 1881 s 1043; RRS s 2128.]

catchline: Compromise in all other cases forbidden.


title: RCW 10.25.065

text:
Perjury committed outside of the state of Washington in a statement, declaration, verification, or certificate authorized by chapter 5.50 RCW is punishable in the county in this state in which occurs the act, transaction, matter, action, or proceeding, in relation to which the statement, declaration, verification, or certification was given or made.
[ 2019 c 232 s 11; 1981 c 187 s 4.]

catchline: Perjury outside the state.


title: RCW 10.25.070

text:
The defendant may show to the court, by affidavit, that he or she believes he or she cannot receive a fair trial in the county where the action is pending, owing to the prejudice of the judge, or to excitement or prejudice against the defendant in the county or some part thereof, and may thereupon demand to be tried in another county. The application shall not be granted on the ground of excitement or prejudice other than prejudice of the judge, unless the affidavit of the defendant be supported by other evidence, nor in any case unless the judge is satisfied the ground upon which the application is made does exist.
[ 2010 c 8 s 1017; 1891 c 28 s 7; Code 1881 s 1072; 1854 p 117 s 98; RRS s 2018.]

catchline: Change of venue—Procedure.


title: RCW 10.25.130

text:
When a criminal case is transferred to another county pursuant to this chapter the county from which such case is transferred shall pay to the county in which the case is tried all costs accrued for per diem and mileage for jurors and witnesses and all other costs properly charged to a convicted defendant.
[ 1961 c 303 s 2.]

catchline: Costs.


title: RCW 10.25.140

text:
When a change of venue is ordered and the court, upon motion to transfer a jury or in the absence of such motion, determines that it would be more economical to move the jury than to move the pending action and that justice will be served, a change of venue shall be accomplished by the selection of a jury in the county to which the venue would otherwise have been transferred and the selected jury moved to the county where the indictment or information was filed.
[ 1981 c 205 s 1.]

catchline: Change of venue by outside jury.


title: RCW 10.27.010

text:
This chapter shall be known as the criminal investigatory act of 1971 and is enacted on behalf of the people of the state of Washington to serve law enforcement in combating crime and corruption.
[ 1971 ex.s. c 67 s 1.]

catchline: Short title—Purpose.


title: RCW 10.27.020

text:
For the purposes of this chapter:
(1) The term "court" shall mean any superior court in the state of Washington.
(2) The term "public attorney" shall mean the prosecuting attorney of the county in which a grand jury or special grand jury is impaneled; the attorney general of the state of Washington when acting pursuant to RCW 10.27.070(9) and, the special prosecutor appointed by the governor, pursuant to RCW 10.27.070(10), and their deputies or special deputies.
(3) The term "indictment" shall mean a written accusation found by a grand jury.
(4) The term "principal" shall mean any person whose conduct is being investigated by a grand jury or special inquiry judge.
(5) The term "witness" shall mean any person summoned to appear before a grand jury or special inquiry judge to answer questions or produce evidence.
(6) A "grand jury" consists of twelve persons, is impaneled by a superior court and constitutes a part of such court. The functions of a grand jury are to hear, examine and investigate evidence concerning criminal activity and corruption and to take action with respect to such evidence. The grand jury shall operate as a whole and not by committee.
(7) A "special inquiry judge" is a superior court judge designated by a majority of the superior court judges of a county to hear and receive evidence of crime and corruption.
[ 1988 c 188 s 16; 1971 ex.s. c 67 s 2.]
Notes:
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.

catchline: Definitions.


title: RCW 10.27.030

text:
No grand jury shall be summoned to attend at the superior court of any county except upon an order signed by a majority of the judges thereof. A grand jury shall be summoned by the court, where the public interest so demands, whenever in its opinion there is sufficient evidence of criminal activity or corruption within the county or whenever so requested by a public attorney, corporation counsel or city attorney upon showing of good cause.
[ 1971 ex.s. c 67 s 3.]

catchline: Summoning grand jury.


title: RCW 10.27.040

text:
Members of the grand jury shall be selected in the manner provided in chapter 2.36 RCW.
[ 1988 c 188 s 17; 1971 ex.s. c 67 s 4.]
Notes:
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.

catchline: Selection of grand jury members.


title: RCW 10.27.050

text:
In every county a superior court judge as designated by a majority of the judges shall be available to serve as a special inquiry judge to hear evidence concerning criminal activity and corruption.
[ 1971 ex.s. c 67 s 5.]

catchline: Special inquiry judge—Selection.


title: RCW 10.27.060

text:
Neither the grand jury panel nor any individual grand juror may be challenged, but the court may:
(1) At any time before a grand jury is sworn discharge the panel and summon another if it finds that the original panel does not substantially conform to the requirements of chapter 2.36 RCW; or
(2) At any time after a grand juror is drawn, refuse to swear him or her, or discharge him or her after he or she has been sworn, upon a finding that he or she is disqualified from service pursuant to chapter 2.36 RCW, or incapable of performing his or her duties because of bias or prejudice, or guilty of misconduct in the performance of his or her duties such as to impair the proper functioning of the grand jury.
[ 2010 c 8 s 1018; 1971 ex.s. c 67 s 6.]

catchline: Discharge of panel, juror—Grounds.


title: RCW 10.27.070

text:
(1) When the grand jury is impaneled, the court shall appoint one of the jurors to be foreperson, and also another of the jurors to act as foreperson in case of the absence of the foreperson.
(2) The grand jurors must be sworn pursuant to the following oath: "You, as grand jurors for the county of . . . . . ., do solemnly swear (or affirm) that you will diligently inquire into and true presentment make of all such matters and things as shall come to your knowledge and you will submit things truly as they come to your knowledge, according to your charge the laws of this state and your understanding; you shall indict no person through envy, hatred, malice or political consideration; neither will you leave any person unindicted through fear, favor, affection, reward or the hope thereof or political consideration. The counsel of the state, his or her advice, and that of your fellows you shall keep secret."
(3) After a grand jury has been sworn, the court must deliver or cause to be delivered to each grand juror a printed copy of all the provisions of this chapter, and the court may give the grand jurors any oral or written instructions, or both, relating to the proper performance of their duties at any time it deems necessary or appropriate.
(4) The court shall appoint a reporter to record the proceedings before the grand jury or special inquiry judge, and shall swear him or her not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090. In addition, the foreperson of the grand jury may, in his or her discretion, select one of the grand jurors to act as secretary to keep records of the grand jury's business.
(5) The court, whenever necessary, shall appoint an interpreter, and shall swear him or her not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090.
(6) When a person held in official custody is a witness before a grand jury or special inquiry judge, a public servant, assigned to guard him or her during his or her appearance may accompany him or her. The court shall swear such public servant not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090.
(7) Proceedings of a grand jury shall not be valid unless at least twelve of its members are present. The foreperson or acting foreperson of the grand jury shall conduct proceedings in an orderly manner and shall administer an oath or affirmation in the manner prescribed by law to any witness who shall testify before the grand jury.
(8) The legal advisers of a grand jury are the court and public attorneys, and a grand jury may not seek or receive legal advice from any other source. When necessary or appropriate, the court or public attorneys or both must instruct the grand jury concerning the law with respect to its duties or any matter before it, and such instructions shall be recorded by the reporter.
(9)(a) Upon request of the prosecuting attorney of the county in which a grand jury or special inquiry judge is impaneled, the attorney general shall assist such prosecuting attorney in attending such grand jury or special inquiry judge.
(b) Whenever directed by the court, the attorney general shall supersede the prosecuting attorney in attending the grand jury and in which event the attorney general shall be responsible for the prosecution of any indictment returned by the grand jury.
(c) When the attorney general is conducting a criminal investigation pursuant to powers otherwise granted to him or her, he or she shall attend all grand juries or special inquiry judges in relation thereto and shall prosecute any indictments returned by a grand jury.
(10) After consulting with the court and receiving its approval, the grand jury may request the governor to appoint a special prosecutor to attend the grand jury. The grand jury shall in the request nominate three persons approved by the court. From those nominated, the governor shall appoint a special prosecutor, who shall supersede the prosecuting attorney and the attorney general and who shall be responsible for the prosecution of any indictments returned by the grand jury attended by him or her.
(11) A public attorney shall attend the grand jurors when requested by them, and he or she may do so on his or her own motion within the limitations of RCW 10.27.020(2), 10.27.070(9) and 10.27.070(10) hereof, for the purpose of examining witnesses in their presence, or of giving the grand jurors legal advice regarding any matter cognizable by them. He or she shall also, when requested by them, draft indictments and issue process for the attendance of witnesses.
(12) Subject to the approval of the court, the corporation counsel or city attorney for any city or town in the county where any grand jury has been convened may appear as a witness before the grand jury to advise the grand jury of any criminal activity or corruption within his or her jurisdiction.
[ 2010 c 8 s 1019; 1971 ex.s. c 67 s 7.]

catchline: Oath—Officers—Witnesses.


title: RCW 10.27.080

text:
No person shall be present at sessions of the grand jury or special inquiry judge except the witness under examination and his or her attorney, public attorneys, the reporter, an interpreter, a public servant guarding a witness who has been held in custody, if any, and, for the purposes provided for in RCW 10.27.170, any corporation counsel or city attorney. The attorney advising the witness shall only advise such witness concerning his or her right to answer or not answer any questions and the form of his or her answer and shall not otherwise engage in the proceedings. No person other than grand jurors shall be present while the grand jurors are deliberating or voting. Any person violating either of the above provisions may be held in contempt of court.
[ 2010 c 8 s 1020; 1971 ex.s. c 67 s 8.]

catchline: Persons authorized to attend—Restrictions on attorneys.


title: RCW 10.27.090

text:
(1) Every member of the grand jury shall keep secret whatever he, she, or any other grand juror has said, and how he, she, or any other grand juror has voted, except for disclosure of indictments, if any, as provided in RCW 10.27.150.
(2) No grand juror shall be permitted to state or testify in any court how he, she, or any other grand juror voted on any question before them or what opinion was expressed by himself, herself, or any other grand juror regarding such question.
(3) No grand juror, public or private attorney, city attorney or corporation counsel, reporter, interpreter or public servant who held a witness in custody before a grand jury or special inquiry judge, or witness, principal or other person shall disclose the testimony of a witness examined before the grand jury or special inquiry judge or other evidence received by it, except when required by the court to disclose the testimony of the witness examined before the grand jury or special inquiry judge for the purpose of ascertaining whether it is consistent with that of the witness given before the court, or to disclose his or her testimony given before the grand jury or special inquiry judge by any person upon a charge against such person for perjury in giving his or her testimony or upon trial therefor, or when permitted by the court in furtherance of justice.
(4) The public attorney shall have access to all grand jury and special inquiry judge evidence and may introduce such evidence before any other grand jury or any trial in which the same may be relevant.
(5) The court upon a showing of good cause may make any or all grand jury or special inquiry judge evidence available to any other public attorney, prosecuting attorney, city attorney or corporation counsel upon proper application and with the concurrence of the public attorney attending such grand jury. Any witness' testimony, given before a grand jury or a special inquiry judge and relevant to any subsequent proceeding against the witness, shall be made available to the witness upon proper application to the court. The court may also, upon proper application and upon a showing of good cause, make available to a defendant in a subsequent criminal proceeding other testimony or evidence:
(a) When given or presented before a special inquiry judge, if doing so is in the furtherance of justice; or
(b) When given or presented before a grand jury, if the court finds that doing so is necessary to prevent an injustice and that there is no reason to believe that doing so would endanger the life or safety of any witness or his or her family. The cost of any such transcript made available shall be borne by the applicant.
[ 2010 c 8 s 1021; 1971 ex.s. c 67 s 9.]

catchline: Secrecy enjoined—Exceptions—Use and availability of evidence.


title: RCW 10.27.100

text:
The grand jurors shall inquire into every offense triable within the county for which any person has been held to answer, if an indictment has not been found or an information filed in such case, and all other indictable offenses within the county which are presented to them by a public attorney or otherwise come to their knowledge. If a grand juror knows or has reason to believe that an indictable offense, triable within the county, has been committed, he or she shall declare such a fact to his or her fellow jurors who may begin an investigation. In such investigation the grand juror may be sworn as a witness.
[ 2010 c 8 s 1022; 1971 ex.s. c 67 s 10.]

catchline: Inquiry as to offenses—Duties—Investigation.


title: RCW 10.27.110

text:
The length of time which a grand jury may sit after being convened shall not exceed sixty days. Before expiration of the sixty day period and any extensions, and upon showing of good cause, the court may order the grand jury panel extended for a period not to exceed sixty days.
[ 1971 ex.s. c 67 s 11.]

catchline: Duration of sessions—Extensions.


title: RCW 10.27.120

text:
Any individual called to testify before a grand jury or special inquiry judge, whether as a witness or principal, if not represented by an attorney appearing with the witness before the grand jury or special inquiry judge, must be told of his or her privilege against self-incrimination. Such an individual has a right to representation by an attorney to advise him or her as to his or her rights, obligations, and duties before the grand jury or special inquiry judge, and must be informed of this right. The attorney may be present during all proceedings attended by his or her client unless immunity has been granted pursuant to RCW 10.27.130. After immunity has been granted, such an individual may leave the grand jury room to confer with his or her attorney.
[ 2010 c 8 s 1023; 1971 ex.s. c 67 s 12.]

catchline: Self-incrimination—Right to counsel.


title: RCW 10.27.130

text:
If in any proceedings before a grand jury or special inquiry judge, a person refuses, or indicates in advance a refusal, to testify or provide evidence of any other kind on the ground that he or she may be incriminated thereby, and if a public attorney requests the court to order that person to testify or provide the evidence, the court shall then hold a hearing and shall so order unless it finds that to do so would be clearly contrary to the public interest, and that person shall comply with the order. The hearing shall be subject to the provisions of RCW 10.27.080 and 10.27.090, unless the witness shall request that the hearing be public.
If, but for this section, he or she would have been privileged to withhold the answer given or the evidence produced by him or her, the witness may not refuse to comply with the order on the basis of his or her privilege against self-incrimination; but he or she shall not be prosecuted or subjected to criminal penalty or forfeiture for or on account of any transaction, matter, or fact concerning which he or she has been ordered to testify pursuant to this section. He or she may nevertheless be prosecuted for failing to comply with the order to answer, or for perjury or for offering false evidence to the grand jury.
[ 2010 c 8 s 1024; 1971 ex.s. c 67 s 13.]

catchline: Self-incrimination—Refusal to testify or give evidence—Procedure.


title: RCW 10.27.140

text:
(1) Except as provided in this section, no person has the right to appear as a witness in a grand jury or special inquiry judge proceeding.
(2) A public attorney may call as a witness in a grand jury or special inquiry judge proceeding any person believed by him or her to possess information or knowledge relevant thereto and may issue legal process and subpoena to compel his or her attendance and the production of evidence.
(3) The grand jury or special inquiry judge may cause to be called as a witness any person believed by it to possess relevant information or knowledge. If the grand jury or special inquiry judge desires to hear any such witness who was not called by a public attorney, it may direct a public attorney to issue and serve a subpoena upon such witness and the public attorney must comply with such direction. At any time after service of such subpoena and before the return date thereof, however, the public attorney may apply to the court which impaneled the grand jury for an order vacating or modifying the subpoena on the grounds that such is in the public interest. Upon such application, the court may in its discretion vacate the subpoena, extend its return date, attach reasonable conditions to directions, or make such other qualification thereof as is appropriate.
(4) The proceedings to summon a person and compel him or her to testify or provide evidence shall as far as possible be the same as proceedings to summon witnesses and compel their attendance. Such persons shall receive only those fees paid witnesses in superior court criminal trials.
[ 2010 c 8 s 1025; 1971 ex.s. c 67 s 14.]

catchline: Witnesses—Attendance.


title: RCW 10.27.150

text:
After hearing, examining, and investigating the evidence before it, a grand jury may, in its discretion, issue an indictment against a principal. A grand jury shall find an indictment only when from all the evidence at least three-fourths of the jurors are convinced that there is probable cause to believe a principal is guilty of a criminal offense. When an indictment is found by a grand jury the foreperson or acting foreperson shall present it to the court.
[ 2010 c 8 s 1026; 1971 ex.s. c 67 s 15.]

catchline: Indictments—Issuance.


title: RCW 10.27.160

text:
The grand jury may prepare its conclusions, recommendations and suggestions in the form of a grand jury report. Such report shall be released to the public only upon a determination by a majority of the judges of the superior court of the county court that (1) the findings in the report deal with matters of broad public policy affecting the public interest and do not identify or criticize any individual; (2) the release of the report would be consistent with the public interest and further the ends of justice; and (3) release of the report would not prejudice any pending criminal investigation or trial.
[ 1971 ex.s. c 67 s 16.]

catchline: Grand jury report.


title: RCW 10.27.170

text:
(1) When any public attorney, corporation counsel or city attorney has reason to suspect crime or corruption, within the jurisdiction of such attorney, and there is reason to believe that there are persons who may be able to give material testimony or provide material evidence concerning such suspected crime or corruption, such attorney may petition the judge designated as a special inquiry judge pursuant to RCW 10.27.050 for an order directed to such persons commanding them to appear at a designated time and place in said county and to then and there answer such questions concerning the suspected crime or corruption as the special inquiry judge may approve, or provide evidence as directed by the special inquiry judge.
(2) Upon petition of a prosecuting attorney for the establishment of a special inquiry judge proceeding in an investigation of sexual exploitation of children under RCW 10.112.010, the court shall establish the special inquiry judge proceeding, if appropriate, as soon as practicable but no later than seventy-two hours after the filing of the petition.
[ 2017 c 114 s 3; 1971 ex.s. c 67 s 17.]
Notes:
Findings—2017 c 114: See note following RCW 10.112.010.

catchline: Special inquiry judge—Petition for order—Investigation of sexual exploitation of children.


title: RCW 10.27.180

text:
The judge serving as a special inquiry judge shall be disqualified from acting as a magistrate or judge in any subsequent court proceeding arising from such inquiry except alleged contempt for neglect or refusal to appear, testify or provide evidence at such inquiry in response to an order, summons or subpoena.
[ 1971 ex.s. c 67 s 18.]

catchline: Special inquiry judge—Disqualification from subsequent proceedings.


title: RCW 10.27.190

text:
Upon petition of a public attorney to the special inquiry judge that there is reason to suspect that there exists evidence of crime and corruption in another county, and with the concurrence of the special inquiry judge and prosecuting attorney of the other county, the special inquiry judge may direct the public attorney to attend and participate in special inquiry judge proceedings in the other county held to inquire into crime and corruption which relates to crime or corruption under investigation in the initiating county. The proceedings of such special inquiry judge may be transcribed, certified and filed in the county of the public attorney's jurisdiction at the expense of that county.
[ 1971 ex.s. c 67 s 19.]

catchline: Special inquiry judge—Direction to public attorney for proceedings in another county—Procedure.


title: RCW 10.29.010

text:
This chapter shall be known and may be cited as the Statewide Special Inquiry Judge Act.
[ 1980 c 146 s 1.]

catchline: Short title.


title: RCW 10.29.020

text:
It is the intent of the legislature in enacting this chapter to strengthen and enhance the ability of the state to detect and eliminate organized criminal activity.
[ 1980 c 146 s 2.]

catchline: Intent.


title: RCW 10.29.050

text:
A statewide special inquiry judge shall have the following powers and duties:
(1) To hear and receive evidence of crime and corruption.
(2) To appoint a reporter to record the proceedings; and to swear the reporter not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090.
(3) Whenever necessary, to appoint an interpreter, and to swear him or her not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090.
(4) When a person held in official custody is a witness before a statewide special inquiry judge, a public servant, assigned to guard him or her during his or her appearance may accompany him or her. The statewide special inquiry judge shall swear such public servant not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090.
(5) To cause to be called as a witness any person believed by him or her to possess relevant information or knowledge. If the statewide special inquiry judge desires to hear any such witness who was not called by the special prosecutor, it may direct the special prosecutor to issue and serve a subpoena upon such witness and the special prosecutor must comply with such direction. At any time after service of such subpoena and before the return date thereof, however, the special prosecutor may apply to the statewide special inquiry judge for an order vacating or modifying the subpoena on the grounds that such is in the public interest. Upon such application, the statewide special inquiry judge may in its discretion vacate the subpoena, extend its return date, attach reasonable conditions to directions, or make such other qualification thereof as is appropriate.
(6) Upon a showing of good cause may make available any or all evidence obtained to any other public attorney, prosecuting attorney, city attorney, or corporation counsel upon proper application and with the concurrence of the special prosecutor. Any witness' testimony, given before a statewide special inquiry judge and relevant to any subsequent proceeding against the witness, shall be made available to the witness upon proper application to the statewide special inquiry judge. The statewide special inquiry judge may also, upon proper application and upon a showing of good cause, make available to a defendant in a subsequent criminal proceeding other testimony or evidence when given or presented before a special inquiry judge, if doing so is in the furtherance of justice.
(7) Have authority to perform such other duties as may be required to effectively implement this chapter, in accord with rules adopted by the supreme court relating to these proceedings.
(8) Have authority to hold in contempt of court any person who shall disclose the name or testimony of a witness examined before a statewide special inquiry judge except when required by a court to disclose the testimony given before such statewide special inquiry judge in a subsequent criminal proceeding.
[ 2010 c 8 s 1027; 1980 c 146 s 5.]

catchline: Powers and duties of statewide special inquiry judge.


title: RCW 10.29.060

text:
Any witness who shall disclose the fact that he or she has been called as a witness before a statewide special inquiry judge or who shall disclose the nature of the testimony given shall be guilty of a misdemeanor.
[ 1980 c 146 s 6.]

catchline: Disclosures by witness—Penalty.


title: RCW 10.29.070

text:
The supreme court shall develop and adopt rules to govern the procedures of a statewide special inquiry judge proceeding including rules assuring the confidentiality of all proceedings, testimony, and the identity of persons called as witnesses. The adoption of such rules shall be subject to the approval of such rules by the senate and house judiciary committees.
[ 1980 c 146 s 7.]

catchline: Rules.


title: RCW 10.29.100

text:
Whenever a statewide special inquiry judge or special prosecutor appointed under this chapter dies or in any other way is rendered incapable of continuing the duties of his or her office, a successor shall be appointed to serve for the remainder of the judge's or prosecutor's term in the manner provided for by *RCW 10.29.030 and 10.29.080 for the appointment of statewide special inquiry judges and special prosecutors.
[ 1980 c 146 s 10.]
Notes:
*Reviser's note: RCW 10.29.030 and 10.29.080 were repealed by 2009 c 560 s 24.

catchline: Vacancy in office.


title: RCW 10.29.110

text:
The special prosecutor or his or her designee shall:
(1) Attend all proceedings of the statewide special inquiry judge;
(2) Have the authority to issue subpoenas for witnesses statewide;
(3) Examine witnesses, present evidence, draft reports as directed by the statewide special inquiry judge, and draft and file informations under RCW 10.29.120.
[ 2010 c 8 s 1028; 1980 c 146 s 11.]

catchline: Duties of special prosecutor or designee.


title: RCW 10.29.120

text:
(1) The special prosecutor shall advise the county prosecuting attorney in any affected county of the nature of the statewide special inquiry judge investigation and of any informations arising from such proceedings unless such disclosures will create a substantial likelihood of a conflict of interest for the county prosecuting attorney.
(2) The special prosecutor may file and prosecute an information in the county where proper venue lies, after having advised the county prosecuting attorney as provided in this section and determined that such prosecuting attorney does not intend to do so, or pursuant to an agreement between them that the special prosecutor shall do so.
(3) Informations filed and prosecuted pursuant to this chapter shall meet the requirements of chapter 10.37 RCW.
(4) The expenses of prosecutions initiated and maintained by the special prosecutor shall be paid as part of the statewide special inquiry judge program as provided in *RCW 10.29.090.
[ 1980 c 146 s 12.]
Notes:
*Reviser's note: RCW 10.29.090 was repealed by 2009 c 560 s 24.

catchline: Advising county prosecuting attorney—Filing and prosecution of informations—Expenses of prosecutions.


title: RCW 10.29.130

text:
The judge serving as a special inquiry judge shall be disqualified from acting as a magistrate or judge in any subsequent court proceeding arising from such inquiry except alleged contempt for neglect or refusal to appear, testify, or provide evidence at such inquiry in response to an order, summons, or subpoena.
[ 1980 c 146 s 13.]

catchline: Disqualification of judge from subsequent proceedings.


title: RCW 10.31.030

text:
The officer making an arrest must inform the defendant that he or she acts under authority of a warrant, and must also show the warrant: PROVIDED, That if the officer does not have the warrant in his or her possession at the time of arrest he or she shall declare that the warrant does presently exist and will be shown to the defendant as soon as possible on arrival at the place of intended confinement: PROVIDED, FURTHER, That any officer making an arrest under this section shall, if the person arrested wishes to deposit bail, take such person directly and without delay before a judge or before an officer authorized to take the recognizance and justify and approve the bail, including the deposit of a sum of money equal to bail. Bail shall be the amount fixed by the warrant. Such judge or authorized officer shall hold bail for the legal authority within this state which issued such warrant if other than such arresting authority.
[ 2010 c 8 s 1029; 1970 ex.s. c 49 s 3; 1891 c 28 s 43; Code 1881 s 1030; 1873 p 229 s 210; 1854 p 114 s 74; RRS s 2083.]
Notes:
Severability—1970 ex.s. c 49: See note following RCW 9.69.100.
Bail: Chapter 10.19 RCW.

catchline: Service—How—Warrant not in possession, procedure—Bail.


title: RCW 10.31.040

text:
(1) To make an arrest in criminal actions, the officer may break open any outer or inner door, or windows of a dwelling house or other building, or any other enclosure, if, after notice of his or her office and purpose, he or she be refused admittance.
(2) An officer may not seek and a court may not issue a search or arrest warrant granting an express exception to the requirement for the officer to provide notice of his or her office and purpose when executing the warrant.
[ 2021 c 320 s 8; 2010 c 8 s 1030; Code 1881 s 1170; 1854 p 129 s 179; RRS s 2082.]

catchline: Officer may break and enter.


title: RCW 10.31.060

text:
Whenever any person or persons shall have been indicted or accused on oath of any public offense, or thereof convicted, and a warrant of arrest shall have been issued, the magistrate issuing such warrant, or any justice of the supreme court, or any judge of either the court of appeals or superior court may indorse thereon an order signed by him or her and authorizing the service thereof by telegraph or teletype, and thereupon such warrant and order may be sent by telegraph or teletype to any marshal, sheriff, constable or police officer, and on the receipt of the telegraphic or teletype copy thereof by any such officer, he or she shall have the same authority and be under the same obligations to arrest, take into custody and detain the said person or persons, as if the said original warrant of arrest, with the proper direction for the service thereof, duly indorsed thereon, had been placed in his or her hands, and the said telegraphic or teletype copy shall be entitled to full faith and credit, and have the same force and effect in all courts and places as the original; but prior to indictment and conviction, no such order shall be made by any officer, unless in his or her judgment there is probable cause to believe the said accused person or persons guilty of the offense charged: PROVIDED, That the making of such order by any officer aforesaid, shall be prima facie evidence of the regularity thereof, and of all the proceedings prior thereto. The original warrant and order, or a copy thereof, certified by the officer making the order, shall be preserved in the telegraph office or police agency from which the same is sent, and in telegraphing or teletyping the same, the original or the said certified copy may be used.
[ 2010 c 8 s 1032; 1971 c 81 s 48; 1967 c 91 s 1; Code 1881 s 2357; 1865 p 75 s 16; RRS s 2081. Formerly RCW 10.31.060 through 10.31.090.]

catchline: Arrest by telegraph or teletype.


title: RCW 10.31.100

text:
A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of an officer, except as provided in subsections (1) through (11) of this section.
(1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the person.
(2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
(a) A domestic violence protection order, a sexual assault protection order, a stalking protection order, or a vulnerable adult protection order has been issued, of which the person has knowledge, under chapter 7.105 RCW, or an order has been issued, of which the person has knowledge, under RCW 26.44.063, or chapter 9A.40, 9A.46, 9A.88, 10.99, 26.09, 26.26A, 26.26B, or 74.34 RCW, or any of the former chapters 7.90, 7.92, and 26.50 RCW, restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence, or restraining the person from going onto the grounds of, or entering, a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, a protected party's person, or a protected party's vehicle, or requiring the person to submit to electronic monitoring, or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person;
(b) An extreme risk protection order has been issued against the person under chapter 7.105 RCW or former RCW 7.94.040, the person has knowledge of the order, and the person has violated the terms of the order prohibiting the person from having in the person's custody or control, purchasing, possessing, accessing, or receiving a firearm or concealed pistol license;
(c) A foreign protection order, as defined in RCW 26.52.010, or a Canadian domestic violence protection order, as defined in RCW 26.55.010, has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order or the Canadian domestic violence protection order prohibiting the person under restraint from contacting or communicating with another person, or excluding the person under restraint from a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, a protected party's person, or a protected party's vehicle, or a violation of any provision for which the foreign protection order or the Canadian domestic violence protection order specifically indicates that a violation will be a crime; or
(d) The person is eighteen years or older and within the preceding four hours has assaulted a family or household member or intimate partner as defined in RCW 10.99.020 and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that family or household members or intimate partners have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary aggressor. In making this determination, the officer shall make every reasonable effort to consider: (A) The intent to protect victims of domestic violence under RCW 10.99.010; (B) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (C) the history of domestic violence of each person involved, including whether the conduct was part of an ongoing pattern of abuse.
(3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:
(a) RCW 46.52.010, relating to duty on striking an unattended car or other property;
(b) RCW 46.52.020, relating to duty in case of injury to, or death of, a person or damage to an attended vehicle;
(c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;
(d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;
(e) RCW 46.61.503 or 46.25.110, relating to persons having alcohol or THC in their system;
(f) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;
(g) RCW 46.61.5249, relating to operating a motor vehicle in a negligent manner.
(4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed, in connection with the accident, a violation of any traffic law or regulation.
(5)(a) A law enforcement officer investigating at the scene of a motor vessel accident may arrest the operator of a motor vessel involved in the accident if the officer has probable cause to believe that the operator has committed, in connection with the accident, a criminal violation of chapter 79A.60 RCW.
(b) A law enforcement officer investigating at the scene of a motor vessel accident may issue a citation for an infraction to the operator of a motor vessel involved in the accident if the officer has probable cause to believe that the operator has committed, in connection with the accident, a violation of any boating safety law of chapter 79A.60 RCW.
(6) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 79A.60.040 shall have the authority to arrest the person.
(7) An officer may act upon the request of a law enforcement officer, in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.
(8) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.
(9) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an antiharassment protection order has been issued of which the person has knowledge under chapter 7.105 RCW or former chapter 10.14 RCW and the person has violated the terms of that order.
(10) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person.
(11) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.
For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).
(12) A law enforcement officer having probable cause to believe that a person has committed a violation under RCW 77.15.160(5) may issue a citation for an infraction to the person in connection with the violation.
(13) A law enforcement officer having probable cause to believe that a person has committed a criminal violation under RCW 77.15.809 or 77.15.811 may arrest the person in connection with the violation.
(14) Except as specifically provided in subsections (2), (3), (4), and (7) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.
(15) No police officer may be held criminally or civilly liable for making an arrest pursuant to subsection (2) or (9) of this section if the police officer acts in good faith and without malice.
(16)(a) Except as provided in (b) of this subsection, a police officer shall arrest and keep in custody, until release by a judicial officer on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that the person has violated RCW 46.61.502 or 46.61.504 or an equivalent local ordinance and the police officer: (i) Has knowledge that the person has a prior offense as defined in RCW 46.61.5055 within ten years; or (ii) has knowledge, based on a review of the information available to the officer at the time of arrest, that the person is charged with or is awaiting arraignment for an offense that would qualify as a prior offense as defined in RCW 46.61.5055 if it were a conviction.
(b) A police officer is not required to keep in custody a person under (a) of this subsection if the person requires immediate medical attention and is admitted to a hospital.
[ 2023 c 462 s 702; 2021 c 215 s 118; 2020 c 29 s 10. Prior: 2019 c 263 s 911; 2019 c 246 s 6; 2019 c 46 s 5013; 2019 c 18 s 1; prior: 2017 c 336 s 3; 2017 c 223 s 1; prior: 2016 c 203 s 9; 2016 c 113 s 1; prior: 2014 c 202 s 307; 2014 c 100 s 2; 2014 c 5 s 1; 2013 2nd sp.s. c 35 s 22; prior: 2013 c 278 s 4; 2013 c 84 s 32; 2010 c 274 s 201; 2006 c 138 s 23; 2000 c 119 s 4; 1999 c 184 s 14; 1997 c 66 s 10; 1996 c 248 s 4; prior: 1995 c 246 s 20; 1995 c 184 s 1; 1995 c 93 s 1; prior: 1993 c 209 s 1; 1993 c 128 s 5; 1988 c 190 s 1; prior: 1987 c 280 s 20; 1987 c 277 s 2; 1987 c 154 s 1; 1987 c 66 s 1; prior: 1985 c 303 s 9; 1985 c 267 s 3; 1984 c 263 s 19; 1981 c 106 s 1; 1980 c 148 s 8; 1979 ex.s. c 28 s 1; 1969 ex.s. c 198 s 1.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2020 c 29: See note following RCW 7.77.060.
Effective date—2019 c 263 ss 901-915, 1001, and 1002: See RCW 26.55.903.
Finding—2017 c 336: See note following RCW 9.96.060.
Findings—2014 c 202: See note following RCW 77.135.010.
Intent—2010 c 274: "The legislature intends to improve the lives of persons who suffer from the adverse effects of domestic violence and to require reasonable, coordinated measures to prevent domestic violence from occurring. The legislature intends to give law enforcement and the courts better tools to identify violent perpetrators of domestic violence and hold them accountable. The legislature intends to: Increase the safety afforded to individuals who seek protection of public and private agencies involved in domestic violence prevention; improve the ability of agencies to address the needs of victims and their children and the delivery of services; upgrade the quality of treatment programs; and enhance the ability of the justice system to respond quickly and fairly to domestic violence. In order to improve the lives of persons who have, or may suffer, the effects of domestic violence the legislature intends to achieve more uniformity in the decision-making processes at public and private agencies that address domestic violence by reducing inconsistencies and duplications allowing domestic violence victims to achieve safety and stability in their lives." [ 2010 c 274 s 101.]
Application—2000 c 119: "The penalties prescribed in this act apply to violations of court orders which occur on or after July 1, 2000, regardless of the date the court issued the order." [ 2000 c 119 s 31.]
Short title—1999 c 184: See RCW 26.52.900.
Effective date—1995 c 184: "This act shall take effect January 1, 1996. Prior to that date, law enforcement agencies, prosecuting authorities, and local governments are encouraged to develop and adopt arrest and charging guidelines regarding criminal trespass." [ 1995 c 184 s 2.]
Effective date—1993 c 128: See RCW 9A.50.902.
Arrest procedure involving traffic violations: Chapter 46.64 RCW.
Uniform Controlled Substances Act: Chapter 69.50 RCW.

catchline: Arrest without warrant.


title: RCW 10.31.110

text:
(1) When a police officer has reasonable cause to believe that the individual has committed acts constituting a crime, and the individual is known by history or consultation with the behavioral health administrative services organization, managed care organization, crisis hotline, local crisis services providers, or community health providers to have a mental disorder or substance use disorder, in addition to existing authority under state law or local policy, as an alternative to arrest, the arresting officer is authorized and encouraged to:
(a) Take the individual to a crisis stabilization unit as defined in RCW 71.05.020. Individuals delivered to a crisis stabilization unit pursuant to this section may be held by the facility for a period of up to twelve hours. The individual must be examined by a mental health professional or substance use disorder professional within three hours of arrival;
(b) Take the individual to a 23-hour crisis relief center as defined in RCW 71.24.025. An individual delivered to a 23-hour crisis relief center may be held up to a period of twelve hours. The individual must be examined by a mental health professional or substance use disorder professional within three hours of arrival;
(c) Refer the individual to a designated crisis responder for evaluation for initial detention and proceeding under chapter 71.05 RCW;
(d) Release the individual upon agreement to voluntary participation in outpatient treatment;
(e) Refer the individual to youth, adult, or geriatric mobile crisis response services, as appropriate; or
(f) Refer the individual to the regional entity responsible to receive referrals in lieu of legal system involvement, including the recovery navigator program[s] described in RCW 71.24.115.
(2) If the individual is released to the community from the facilities in subsection (1)(a) through (c) of this section, the mental health provider or substance use disorder professional shall make reasonable efforts to inform the arresting officer of the planned release prior to release if the arresting officer has specifically requested notification and provided contact information to the provider.
(3) In deciding whether to refer the individual to treatment under this section, the police officer must be guided by local law enforcement diversion guidelines for behavioral health developed and mutually agreed upon with the prosecuting authority with an opportunity for consultation and comment by the defense bar and disability community. These guidelines must address, at a minimum, the length, seriousness, and recency of the known criminal history of the individual, the mental health history of the individual, if available, the substance use disorder history of the individual, if available, the opinions of a mental health professional, if available, the opinions of a substance use disorder professional, if available, and the circumstances surrounding the commission of the alleged offense. The guidelines must include a process for clearing outstanding warrants or referring the individual for assistance in clearing outstanding warrants, if any, and issuing a new court date, if appropriate, without booking or incarcerating the individual or disqualifying the individual from referral to treatment under this section, and define the circumstances under which such action is permissible. Referrals to services, care, and treatment for substance use disorder must be made in accordance with protocols developed for the recovery navigator program[s] described in RCW 71.24.115.
(4) Any agreement to participate in treatment or services in lieu of jail booking or referring a case for prosecution shall not require individuals to stipulate to any of the alleged facts regarding the criminal activity as a prerequisite to participation in the alternative response described in this section. Any agreement is inadmissible in any criminal or civil proceeding. Such agreements do not create immunity from prosecution for the alleged criminal activity.
(5) If there are required terms of participation in the services or treatment to which an individual was referred under this section, and if the individual violates such terms and is therefore no longer participating in services:
(a) The behavioral health or service provider shall inform the referring law enforcement agency of the violation, if consistent with the terms of the program and applicable law; and
(b) The original charges may be filed or referred to the prosecutor, as appropriate, and the matter may proceed accordingly, unless filing or referring the charges is inconsistent with the terms of a local diversion program or a recovery navigator program[s] described in RCW 71.24.115.
(6) The police officer is immune from liability for any good faith conduct under this section.
[ 2023 c 433 s 17; 2021 c 311 s 6. Prior: 2019 c 326 s 3; 2019 c 325 s 5004; 2014 c 225 s 57; prior: 2011 c 305 s 7; 2011 c 148 s 3; 2007 c 375 s 2.]
Notes:
Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
Intent—2019 c 326: See note following RCW 10.77.615.
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective date—2014 c 225: See note following RCW 71.24.016.
Findings—2011 c 305: See note following RCW 74.09.295.
Certification of triage facilities—Effective date—2011 c 148: See notes following RCW 71.05.020.
Findings—Purpose—2007 c 375: "The legislature finds that RCW 10.77.090 contains laws relating to three discrete subjects. Therefore, one purpose of this act is to reorganize some of those laws by creating new sections in the Revised Code of Washington that clarify and identify these discrete subjects.
The legislature further finds that there are disproportionate numbers of individuals with mental illness in jail. The needs of individuals with mental illness and the public safety needs of society at large are better served when individuals with mental illness are provided an opportunity to obtain treatment and support." [ 2007 c 375 s 1.]
Construction—2007 c 375: "Nothing in this act shall be construed to alter or diminish a prosecutor's inherent authority to divert or pursue the prosecution of criminal offenders." [ 2007 c 375 s 16.]
Severability—2007 c 375: "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." [ 2007 c 375 s 18.]

catchline: Alternatives to arrest—Individuals with mental disorders or substance use disorders.


title: RCW 10.32.005

text:
The legislature recognizes that the 29 federally recognized Indian tribes with territory inside the state of Washington have a shared interest with the state in public safety, and that continued and expanded cooperation with tribal justice systems will promote that interest. The legislature also recognizes that tribes have, for decades, agreed by treaty and through practice not to shelter or conceal those individuals who violate state law and to surrender them to the state for prosecution. In the interests of public safety and partnership, it is therefore the intent of the legislature to create uniform processes by which the state may consistently reciprocate with tribes the return of those individuals who violate tribal law and seek to avoid tribal justice systems by leaving tribal jurisdiction.
The legislature further recognizes it is a constitutional imperative that individuals alleged to have violated criminal laws are afforded the fullest protections of due process including, but not limited to: (1) The right to effective assistance of counsel at least equal to that guaranteed by the United States Constitution; (2) the right of an indigent defendant to the assistance of a licensed defense attorney, at the expense of the tribal government; (3) the right to a criminal proceeding presided over by a judge who is licensed to practice law and has sufficient legal training; (4) the right to have access, prior to being charged, to the tribe's criminal laws, rules of evidence, and rules of criminal procedure; and (5) the right to a record of the criminal proceeding, including an audio or other recording of the trial proceeding. The legislature finds that numerous federally recognized tribes with territory inside the state have systems and processes recognized by the federal government as providing due process to defendants at least equal to those required by the United States Constitution. The legislature also finds that all defendants in tribal courts have the right to petition for a writ of habeas corpus.
The legislature additionally recognizes the importance of establishing clear statutory duties when directing peace officers of this state to effectuate new aspects of their work. It is the intent of the legislature that chapter 207, Laws of 2024 set forth procedures by which peace officers and correctional staff of this state must recognize and effectuate tribal arrest warrants.
Therefore, the legislature declares the purpose of chapter 207, Laws of 2024 is to expand cross-jurisdictional cooperation so that fugitives from tribal courts cannot evade justice by remaining off reservation in Washington's counties and cities, while ensuring that defendants receive the fullest due process protections.
[ 2024 c 207 s 1.]

catchline: Findings—Intent—Purpose—2024 c 207.


title: RCW 10.32.007

text:
This chapter may be known and cited as the "tribal warrants act."
[ 2024 c 207 s 15.]


title: RCW 10.32.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Certified tribe" means a federally recognized tribe located within the borders of the state of Washington that (a) may impose a term of imprisonment of greater than one year, or a fine greater than $5,000, or both, pursuant to the tribal law and order act of 2010, section 234, codified at 25 U.S.C. Sec. 1302; and (b) has agreed not to shelter or conceal offenders against the laws of the state of Washington but to deliver them up to state authorities for prosecution.
(2) "Noncertified tribe" means a federally recognized tribe located within the borders of the state of Washington that is requesting that a tribal fugitive be surrendered to the duly authorized agent of the tribe, but has not received approval to exercise jurisdiction under the tribal law and order act of 2010, section 234, codified at 25 U.S.C. Sec. 1302, and which has agreed by treaty or practice not to shelter or conceal offenders against the laws of the state of Washington but to deliver them up to state authorities for prosecution.
(3) "Peace officer" has the same meaning as in RCW 10.93.020(4).
(4) "Place of detention" means a jail as defined in RCW 70.48.020, a correctional facility as defined in RCW 72.09.015, and any similar adult facility contracted by a city or county.
(5) "Tribal court judge" includes every judicial officer authorized alone or with others, to hold or preside over the criminal court of a certified tribe or noncertified tribe.
(6) "Tribal fugitive" or "fugitive" means any person who is subject to tribal court criminal jurisdiction, committed an alleged crime under the tribal code, and thereafter fled tribal jurisdiction, including by escaping or evading confinement, breaking the terms of their probation, bail, or parole, or absenting themselves from the jurisdiction of the tribal court.
(7) "Tribal police officer" has the same meaning as in RCW 10.92.010.
[ 2025 c 259 s 6; 2024 c 207 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

catchline: Definitions.


title: RCW 10.32.020

text:
A certified tribe must provide certification of *RCW 10.32.010(2) (a) and (b), signed by the tribe's judicial officer and chief legal counsel, to the office of the attorney general. The office of the attorney general shall receive the certification documentation indicating that the tribe meets the requirements of the tribal law and order act of 2010 section 234, codified at 25 U.S.C. Sec. 1302, and review the documentation to confirm that it is complete according to the information provided in the documentation. The office of the attorney general shall be immune from liability arising out of the performance of duties under this section, except their intentional or willful misconduct.
[ 2024 c 207 s 3.]
Notes:
*Reviser's note: RCW 10.32.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (2)(a) and (b) to subsection (1)(a) and (b).

catchline: Certification—Tribes.


title: RCW 10.32.030

text:
A place of detention shall provide notice to the tribal law enforcement within the jurisdiction of a noncertified tribe who issued an arrest warrant for a tribal fugitive as soon as practicable after learning that the tribal fugitive is a prisoner in the place of detention. The notice shall include the reason for the detention and the anticipated date of release, if known.
[ 2024 c 207 s 4.]

catchline: Noncertified tribes—Detention—Notice.


title: RCW 10.32.040

text:
The noncertified tribe whose court issued the warrant of arrest may demand the extradition of the tribal fugitive from a place of detention. The demand will be recognized if in writing, it alleges that the person is a tribal fugitive, the tribal court has jurisdiction, and is accompanied by either:
(1) A copy of the complaint, information, or other charging document supported by affidavit of the tribe having jurisdiction of the crime;
(2) A copy of an affidavit made before an authorized representative of the tribal court, together with a copy of any warrant which was issued thereupon; or
(3) A copy of a judgment of conviction or of a sentence imposed in execution thereof.
[ 2024 c 207 s 5.]

catchline: Noncertified tribes—Demand—Extradition.


title: RCW 10.32.042

text:
The certified or noncertified tribe demanding the extradition of a tribal fugitive pursuant to this chapter shall have standing in any hearing in state court testing the legality of the extradition.
[ 2025 c 259 s 2.]

catchline: Tribal fugitive—Extradition—Standing—State court hearing.


title: RCW 10.32.050

text:
If a criminal prosecution has been instituted against a tribal fugitive under the laws of this state or any political subdivision thereof and is still pending, extradition on a tribal court request under RCW 10.32.030 through 10.32.090 shall be placed on hold until the tribal fugitive's release from a place of detention, unless otherwise agreed upon in any given case.
[ 2024 c 207 s 6.]

catchline: Tribal fugitive—Criminal prosecution pending.


title: RCW 10.32.060

text:
(1) The attorney general or prosecuting attorney shall submit all applicable documents specified in RCW 10.32.030 to a superior court judge in this state along with a motion for an order of surrender. The motion for an order of surrender shall be served upon the person whose extradition is demanded.
(2) A person who is served with a motion for an order of surrender shall be taken before a superior court judge in this state the next judicial day. The judge shall inform the person of the demand made for the person's surrender and the underlying reason for the demand, and that the person has the right to demand and procure legal counsel.
(3) The person whose return is demanded may, in the presence of any superior court judge, sign a statement that the person consents to his or her return to the noncertified tribe. However, before such waiver may be executed, it shall be the duty of such judge to inform the person of his or her right to test the legality of the extradition request before an order of surrender may be issued.
(4) Any hearing to test the legality of the extradition request shall occur within three judicial days, excluding weekends and holidays, of the person receiving notice of the motion for an order of surrender. The hearing is limited to determining:
(a) Whether the person has been charged with or convicted of a crime by the noncertified tribe;
(b) Whether the person before the court is the person named in the request for extradition; and
(c) Whether the person is a fugitive.
(5) The guilt or innocence of the person as to the crime of which the person is charged may not be inquired into by a superior court judge except as it may be necessary to identify the person held as being the person charged with the crime.
(6) If the superior court judge determines that the requirements of subsection (4) of this section and RCW 10.32.030 have been met, the judge shall issue an order of surrender to the noncertified tribe. If the noncertified tribe does not take custody of the person pursuant to the order of surrender on the date the person is scheduled to be released from the place of detention or within 48 hours of the entry of the order of surrender, whichever is later, the person may be released from custody with bail conditioned on the person's appearance before the court at a time specified for his or her surrender to the noncertified tribe or for the vacation of the order of surrender.
[ 2024 c 207 s 7.]

catchline: Noncertified tribes—Order of surrender.


title: RCW 10.32.070

text:
(1) Subject to the provisions of RCW 10.32.050, a place of detention shall deliver or make available a person in custody to the noncertified tribe without a judicial order of surrender provided that:
(a) Such person is alleged to have broken the terms of his or her probation, parole, bail, or any other release of the noncertified tribe; and
(b) The place of detention has received from the noncertified tribe an authenticated copy of a prior waiver of extradition signed by such person as a term of his or her probation, parole, bail, or any other release of the noncertified tribe and photographs or fingerprints or other evidence properly identifying the person as the person who signed the waiver.
(2) As used in this section, "authenticated copy" means a copy of a prior waiver of extradition signed by an authorized representative of the tribal court attesting the document is a true record of the tribal court waiver of extradition.
[ 2025 c 259 s 1; 2024 c 207 s 8.]

catchline: Noncertified tribes—Persons in custody.


title: RCW 10.32.080

text:
(1) A noncertified tribe that requests extradition pursuant to chapter 207, Laws of 2024 is responsible to arrange the transportation for the tribal fugitive from the place of detention to the tribal court or detention facility. The detention facility and noncertified tribe are encouraged to select the means of transport that best protects public safety after considering available resources. At the request of a noncertified tribe, a city, county, or the governor must engage in good faith efforts to negotiate an agreement to effectuate this subsection.
(2) A tribal court representative who is certified as a general authority Washington peace officer under chapter 10.92 RCW, or who is cross-deputized pursuant to chapter 10.93 RCW, may transport a tribal fugitive within the state of Washington pursuant to an order of surrender.
[ 2024 c 207 s 9.]

catchline: Noncertified tribes—Fugitive transport.


title: RCW 10.32.090

text:
(1) A peace officer may arrest a person subject to a tribal arrest warrant from a noncertified tribe when the warrant is presented by a tribal court representative or tribal law enforcement officer to the peace officer or a general authority Washington law enforcement agency as defined in RCW 10.93.020 or entered in the national crime information center or Washington information center. The arrested person must be brought to an appropriate place of detention and then to the nearest available superior court judge the next judicial day. The superior court judge shall issue an order continuing custody upon presentation of the tribal arrest warrant.
(2) The judge shall inform the person appearing under subsection (1) of this section of the name of the noncertified tribe that has subjected the person to an arrest warrant, the basis of the arrest warrant, the right to assistance of counsel, and the right to require a judicial hearing before transfer of custody to the applicable noncertified tribe.
(3) After being informed by the judge of the effect of a waiver, the arrested person may waive the right to require a judicial hearing and consent to return to the applicable noncertified tribe by executing a written waiver. If the waiver is executed, the judge shall issue an order to transfer custody under subsection (5) of this section or, with consent of the applicable noncertified tribe, authorize the voluntary return of the person to that tribe.
(4) If a hearing is not waived under subsection (3) of this section, the court shall hold a hearing within 72 hours, excluding weekends and holidays, after the initial appearance. The arrested person and the prosecuting attorney's office shall be informed of the time and place of the hearing. The court shall release the person upon conditions that will reasonably assure availability of the person for the hearing or direct a peace officer to maintain custody of the person until the time of the hearing. Following the hearing, the judge shall issue an order to transfer custody under subsection (5) of this section unless the arrested person established by clear and convincing evidence that the arrested person is not the person identified in the warrant. If the court does not order transfer of custody, the judge shall order the arrested person to be released.
(5) A judicial order to transfer custody issued under subsection (4) of this section shall be directed to a peace officer to take or retain custody of the person until a representative of the applicable noncertified tribe is available to take custody. If the noncertified tribe has not taken custody within three days, excluding weekends and holidays, the court may order the release of the person upon conditions that will assure the person's availability on a specified date within seven days. If the noncertified tribe has not taken custody within the time specified in the order, the person shall be released. Thereafter, an order to transfer custody may be entered only if a new arrest warrant is issued. The court may authorize the voluntary return of the person with the consent of the applicable noncertified tribe.
[ 2025 c 259 s 8; 2024 c 207 s 10.]

catchline: Noncertified tribes—Judicial hearing.


title: RCW 10.32.100

text:
(1) Any arrest warrant issued by the court of a certified tribe shall be accorded full faith and credit by the courts of the state of Washington and enforced by the court and peace officers of the state as if it were the arrest warrant of the state. Certified tribes' warrants may be entered into the national crime information center or Washington information center. A Washington state peace officer who arrests a person pursuant to the arrest warrant of a certified tribe, if no other grounds for detention exist under state law, shall, as soon as practical after detaining the person, and in accordance with standard practices, contact the tribal law enforcement agency that issued the warrant to establish the warrant's validity.
(2) A place of detention shall allow a certified tribe to place a detainer on an inmate based on a tribal warrant. For the purposes of this section, detainer means a request by a certified tribe's tribal court, tribal police department, or tribal prosecutor's office, filed with the place of detention in which a person is incarcerated, to hold the person for the certified tribe and to notify the tribe when release of the person is imminent so that the person can be transferred to tribal custody within 72 hours of their release from all other holds.
(3) The privilege of the writ of habeas corpus shall be available to any person detained under this provision. The issues in the habeas corpus proceeding shall be limited to those identified in RCW 10.32.060 (4) and (5).
[ 2025 c 259 s 9; 2024 c 207 s 11.]

catchline: Certified tribes—Procedure for tribal warrants.


title: RCW 10.32.110

text:
Chapter 207, Laws of 2024 is not intended to and does not diminish the authority of the state or local jurisdictions to enter into government-to-government agreements with Indian tribes, including mutual aid and other interlocal agreements, concerning the movement of persons within their jurisdiction, does not diminish the validity or enforceability of any such agreements, and is not intended to and does not expand or diminish the authority of the state or local jurisdictions to arrest individuals over whom they have jurisdiction within Indian reservations.
[ 2024 c 207 s 12.]

catchline: Authority of the state or local jurisdictions.


title: RCW 10.32.115

text:
(1) Upon issuing a tribal warrant, the court of a tribe may file such warrant with the superior court of the county in which the tribe is physically located along with:
(a) A certified copy of the charging document;
(b) The tribal code provision, constitutional provision, or federal statute authorizing the certified tribe to exercise criminal jurisdiction over the tribal fugitive for whom the tribal warrant has been issued; and
(c) Identifying information for the tribal fugitive.
(2) A warrant so filed shall be timely reviewed by a superior court. If the court makes a finding of probable cause that a tribal fugitive subject to a filed tribal warrant has been charged with a crime by the filing tribe, the court must order the issuance of a state warrant of arrest for such tribal fugitive from justice under RCW 10.32.118, which shall expire six months after issuance, unless withdrawn earlier under subsection (4) of this section.
(3) Any judicial proceedings involving a tribal fugitive subject to a warrant filed under this section must occur in the county where the tribal fugitive is first detained.
(4) A warrant filed under this section must be withdrawn once the person who is the subject of the tribal warrant has submitted to the tribe's tribal court jurisdiction or been arrested.
[ 2025 c 259 s 3.]

catchline: Authority of the state or local jurisdictions—Superior court of the county.


title: RCW 10.32.118

text:
Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime by any federally recognized tribe with territory located within the borders of the state of Washington and with having fled from justice, or with having been convicted of a crime by any federally recognized tribe with territory located in the state of Washington and having escaped from confinement, or having broken the terms of such person's bail, probation, or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth on the affidavit of any credible person of a federally recognized tribe with territory within this state that a crime has been committed for which the tribe has criminal jurisdiction and that the accused has been charged by such tribe with the commission of the crime, and has fled from justice, or with having been convicted of a crime in that tribe's courts and having escaped from confinement, or having broken the terms of such person's bail, probation, or parole and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding such officer to apprehend the person named therein, wherever such person may be found in this state, and to bring such person before the same or any other judge, magistrate, or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
[ 2025 c 259 s 4.]

catchline: Tribal warrants—Warrant issued.


title: RCW 10.32.120

text:
A tribal arrest warrant under chapter 207, Laws of 2024 is not required to be given prioritization above other warrants.
[ 2024 c 207 s 13.]

catchline: Tribal warrants—Other warrants.


title: RCW 10.32.130

text:
(1) A peace officer as defined in RCW 43.101.010, limited authority Washington peace officer as defined in RCW 10.93.020, specially commissioned Washington peace officer as defined in RCW 10.93.020, local or state corrections officer as defined in RCW 43.101.010, jail as defined in RCW 70.48.020, or such officer's or jail facility's legal advisor may not be held criminally or civilly liable for making an arrest or not making an arrest under chapter 207, Laws of 2024 if the peace officer or the peace officer's legal advisor acted in good faith and without malice.
(2) Chapter 207, Laws of 2024 is not intended to limit, abrogate, or modify existing immunities for prosecuting attorneys for good faith conduct consistent with statutory duties.
[ 2025 c 259 s 7; 2024 c 207 s 14.]

catchline: Tribal warrants—Criminally or civilly liable.


title: RCW 10.32.900

text:
This act takes effect July 1, 2025, except for section 17 of this act, which 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 May 1, 2024.
[ 2024 c 207 s 18.]

catchline: Effective date—2024 c 207.


title: RCW 10.34.010

text:
If any person against whom a warrant may be issued for an alleged offense, committed in any county, shall either before or after the issuing of such warrant, escape from, or be out of the county, the sheriff or other officer to whom such warrant may be directed, may pursue and apprehend the party charged, in any county in this state, and for that purpose may command aid, and exercise the same authority as in his or her own county.
[ 2010 c 8 s 1033; Code 1881 s 1922; 1873 p 394 s 220; 1854 p 107 s 28; RRS s 1950.]

catchline: Officer may arrest defendant in any county.


title: RCW 10.34.020

text:
If a person arrested escape or be rescued, the person from whose custody he or she made his or her escape, or was rescued, may immediately pursue and retake him or her at any time, and within any place in the state. To retake the person escaping or rescued, the person pursuing has the same power to command assistance as given in cases of arrest.
[ 2010 c 8 s 1034; Code 1881 s 1032; 1873 p 229 s 212; 1854 p 114 s 76; RRS s 2085.]

catchline: Escape—Retaking prisoner—Authority.


title: RCW 10.34.030

text:
The governor may appoint agents to make a demand upon the executive authority of any state or territory for the surrender of any fugitive from justice, or any other person charged with a felony or any other crime in this state. Whenever an application shall be made to the governor for the appointment of an agent he or she may require the official submitting the same to provide whatever information is necessary prior to approval of the application.
[ 2010 c 8 s 1035; 1993 c 442 s 1; 1967 c 91 s 2; 1891 c 28 s 98; Code 1881 s 971; 1873 p 217 s 157; 1854 p 102 s 5; RRS s 2241.]
Notes:
Effective date—1993 c 442: "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 shall take effect July 1, 1993." [ 1993 c 442 s 2.]

catchline: Escape—Retaking in foreign state—Extradition agents.


title: RCW 10.37.010

text:
No pleading other than an indictment, information or complaint shall be required on the part of the state in any criminal proceedings in any court of the state, and when such pleading is in the manner and form as provided by law the defendant shall be required to plead thereto as prescribed by law without any further action or proceedings of any kind on the part of the state.
[ 1925 ex.s. c 150 s 3; RRS s 2050-1. FORMER PARTS OF SECTION: (i) 1927 c 103 s 1; Code 1881 s 764; RRS s 2023, now codified as RCW 10.37.015. (ii) 1909 c 87 s 1; 1891 c 117 s 1; 1890 p 100 s 1; RRS s 2024, now codified as RCW 10.37.026. (iii) 1891 c 28 s 19; Code 1881 s 1003; 1873 p 224 s 186; 1869 p 240 s 181; RRS s 2054, now codified as RCW 10.37.025.]

catchline: Pleadings required in criminal proceedings.


title: RCW 10.37.015

text:
(1) No person shall be held to answer in any court for an alleged crime or offense, unless upon an information filed by the prosecuting attorney, or upon an indictment by a grand jury, except in cases of misdemeanor or gross misdemeanor before a district or municipal judge, or before a court-martial, except as provided in subsection (2) of this section.
(2) Violations of RCW 46.20.342(1)(c)(iv) may be required by the prosecuting attorney to be referred to his or her office for consideration of filing an information or for entry into a precharge diversion program.
[ 2011 c 46 s 1; 1987 c 202 s 167; 1927 c 103 s 1; Code 1881 s 764; RRS s 2023. Formerly RCW 10.37.010, part.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Charge by information or indictment—Exceptions.


title: RCW 10.37.040

text:
The indictment may be substantially in the following form:
State of Washington
v.
A. . . . . . B. . . . . .







Superior Court of
the State of
Washington for the
County of
. . . .
A. B. is accused by the grand jury of the . . . . . . . . . ., by this indictment, of the crime of [here insert the name of the crime, if it have one, such as treason, murder, arson, manslaughter, or the like; or if it be a crime having no general name, such as libel, assault and battery, and the like, insert a brief description of it as given by law], committed as follows:
The said A. B. on the . . . . day of . . . . . ., (year) . . . ., in the county of . . . . . ., aforesaid, [here set forth the act charged as a crime.]
Dated at . . . . . ., in the county aforesaid, the . . . . day of . . . . . ., A.D. (year) . . . .
(Signed) C. D., Prosecuting Attorney.
(Indorsed) A true bill.
(Signed) E. F., Foreperson of the Grand Jury.
[ 2016 c 202 s 5; 2010 c 8 s 1036; 1891 c 28 s 21; Code 1881 s 1005; 1873 p 225 s 188; 1869 p 240 s 183; RRS s 2056.]

catchline: Indictment—Form.


title: RCW 10.37.050

text:
The indictment or information is sufficient if it can be understood therefrom—
(1) That it is entitled in a court having authority to receive it;
(2) That it was found by a grand jury or prosecuting attorney of the county in which the court was held;
(3) That the defendant is named, or if his or her name cannot be discovered, that he or she is described by a fictitious name or by reference to a unique genetic sequence of deoxyribonucleic acid, with the statement that his or her real name is unknown;
(4) That the crime was committed within the jurisdiction of the court, except where, as provided by law, the act, though done without the county in which the court is held, is triable therein;
(5) That the crime was committed at some time previous to the finding of the indictment or filing of the information, and within the time limited by law for the commencement of an action therefor;
(6) That the act or omission charged as the crime is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended;
(7) The act or omission charged as the crime is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction according to the right of the case.
[ 2010 c 8 s 1037; 2000 c 92 s 3; 1891 c 28 s 29; Code 1881 s 1014; 1873 p 226 s 197; 1869 p 242 s 192; RRS s 2065. FORMER PARTS OF SECTION: (i) 1891 c 28 s 20; Code 1881 s 1004; 1873 p 224 s 187; 1869 p 240 s 182; RRS s 2055, now codified as RCW 10.37.052. (ii) 1891 c 28 s 22; Code 1881 s 1006; 1873 p 225 s 189; 1854 p 112 s 61; 1869 p 241 s 184; RRS s 2057, now codified as RCW 10.37.054. (iii) 1891 c 28 s 30; Code 1881 s 1015; 1873 p 227 s 198; 1869 p 242 s 193; RRS s 2066, now codified as RCW 10.37.056.]
Notes:
Intent—2000 c 92: See note following RCW 10.73.170.

catchline: Indictment or information—Sufficiency.


title: RCW 10.37.052

text:
The indictment or information must contain—
(1) The title of the action, specifying the name of the court to which the indictment or information is presented and the names of the parties;
(2) A statement of the acts constituting the offense, in ordinary and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended.
[ 1891 c 28 s 20; Code 1881 s 1004; 1873 p 224 s 187; 1869 p 240 s 182; RRS s 2055. Formerly RCW 10.37.050, part.]

catchline: Indictment or information—Requisites.


title: RCW 10.37.054

text:
The indictment or information must be direct and certain as it regards:
(1) The party charged;
(2) The crime charged; and
(3) The particular circumstances of the crime charged, when they are necessary to constitute a complete crime.
[ 1891 c 28 s 22; Code 1881 s 1006; 1873 p 225 s 189; 1869 p 241 s 184; 1854 p 112 s 61; RRS s 2057. Formerly RCW 10.37.050, part.]

catchline: Indictment or information—Certainty.


title: RCW 10.37.056

text:
No indictment or information is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of any of the following matters, which were formerly deemed defects or imperfections:
(1) For want of an allegation of the time or place of any material fact, when the time and place have been once stated;
(2) For the omission of any of the following allegations, namely: "With force and arms," "contrary to the form of the statute or the statutes," or "against the peace and dignity of the state;"
(3) For the omission to allege that the grand jury was impaneled, sworn, or charged;
(4) For any surplusage or repugnant allegation or for any repetition, when there is sufficient matter alleged to indicate clearly the offense and the person charged; nor
(5) For any other matter which was formerly deemed a defect or imperfection, but which does not tend to the prejudice of the substantial rights of the defendant upon the merits.
[ 1891 c 28 s 30; Code 1881 s 1015; 1873 p 227 s 198; 1869 p 242 s 193; RRS s 2066. Formerly RCW 10.37.050, part.]
Notes:
Ownership of property, proof of: RCW 10.58.060.

catchline: Indictment or information—Certain defects or imperfections deemed immaterial.


title: RCW 10.37.060

text:
When there are several charges against any person, or persons, for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses, which may be properly joined, instead of having several indictments or informations the whole may be joined in one indictment, or information, in separate counts; and, if two or more indictments are found, or two or more informations filed, in such cases, the court may order such indictments or informations to be consolidated.
[ 1925 ex.s. c 109 s 1; 1891 c 28 s 24; Code 1881 s 1008; 1873 p 225 s 191; 1869 p 241 s 186; RRS s 2059.]

catchline: Indictment or information—Separation into counts—Consolidation.


title: RCW 10.37.070

text:
When the crime involves the taking of or injury to an animal the indictment or information is sufficiently certain in that respect if it describes the animal by the common name of its class.
[ 1891 c 28 s 26; Code 1881 s 1011; 1873 p 226 s 194; 1869 p 241 s 189; RRS s 2062.]
Notes:
Crimes relating to animals: Chapter 9.08 RCW.
Larceny: Chapter 9A.56 RCW.

catchline: Animals—Description of.


title: RCW 10.37.080

text:
When an instrument which is the subject of an indictment or information for forgery has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or information, and established on the trial, the misdescription of the instrument is immaterial.
[ 1891 c 28 s 35; Code 1881 s 1020; 1873 p 227 s 203; 1854 p 113 s 68; RRS s 2071.]
Notes:
Forgery: Chapter 9A.60 RCW.

catchline: Forgery—Description of instrument.


title: RCW 10.37.090

text:
When the crime involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured is not material.
[Code 1881 s 1010; 1873 p 226 s 193; 1869 p 241 s 188; RRS s 2061.]

catchline: Injury to person or intention concerning.


title: RCW 10.37.100

text:
In pleading a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary to state in the indictment or information the facts conferring jurisdiction; but the judgment, determination or proceeding may be stated to have been duly given or made. The facts conferring jurisdiction, however, must be established on the trial.
[ 1891 c 28 s 32; Code 1881 s 1017; 1873 p 227 s 200; 1869 p 242 s 195; 1854 p 112 s 65; RRS s 2068.]

catchline: Judgment, how pleaded.


title: RCW 10.37.110

text:
In an indictment or information for larceny or embezzlement of money, bank notes, certificates of stock, or valuable securities, or for a conspiracy to cheat or defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat and defraud, to be of money, bank notes, certificates of stock, or valuable securities, without specifying the coin, number, denomination or kind thereof.
[ 1891 c 28 s 38; Code 1881 s 1023; RRS s 2074.]
Notes:
Larceny: Chapter 9A.56 RCW.
Ownership of property, proof of: RCW 10.58.060.

catchline: Larceny or embezzlement—Specification.


title: RCW 10.37.130

text:
An indictment or information for exhibiting, publishing, passing, selling, or offering to sell, or having in possession with such intent, any lewd or obscene book, pamphlet, picture, print, card, paper, or writing, need not set forth any portion of the language used or figures shown upon such book, pamphlet, picture, print, card, paper, or writing, but it is sufficient to state generally the fact of the lewdness or obscenity thereof.
[ 1891 c 28 s 39; Code 1881 s 1024; RRS s 2075.]
Notes:
Obscenity: Chapter 9.68 RCW.

catchline: Obscene literature—Description.


title: RCW 10.37.140

text:
In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the crime was committed, and in what court or before whom the oath alleged to be false was taken, and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment or information need not set forth the pleadings, record or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed.
[ 1891 c 28 s 36; Code 1881 s 1021; 1873 p 228 s 204; 1869 p 243 s 199; 1854 p 112 s 67; RRS s 2072.]
Notes:
Perjury: Chapter 9A.72 RCW.

catchline: Perjury—Subornation of perjury—Description of matter.


title: RCW 10.37.150

text:
Neither presumptions of law nor matters of which judicial notice is taken need be stated in an indictment or information.
[ 1891 c 28 s 31; Code 1881 s 1016; 1873 p 227 s 199; 1869 p 242 s 194; RRS s 2067.]

catchline: Presumptions of law need not be stated.


title: RCW 10.37.160

text:
Words used in a statute to define a crime need not be strictly pursued in the indictment or information, but other words conveying the same meaning may be used.
[ 1891 c 28 s 28; Code 1881 s 1013; 1873 p 226 s 196; 1869 p 241 s 191; RRS s 2064.]

catchline: Statute—Exact words need not be used.


title: RCW 10.37.170

text:
In pleading a private statute, or right derived therefrom, it is sufficient to refer, in the indictment or information, to the statute by its title and the day of its passage, and the court must thereupon take judicial notice thereof.
[ 1891 c 28 s 33; Code 1881 s 1018; 1873 p 227 s 201; 1869 p 243 s 196; 1854 p 112 s 66; RRS s 2069.]

catchline: Statute, private—Description.


title: RCW 10.37.190

text:
The words used in an indictment or information must be construed in their usual acceptation, in common language, except words and phrases defined by law, which are to be construed according to their legal meaning.
[ 1891 c 28 s 27; Code 1881 s 1012; 1873 p 227 s 195; 1869 p 241 s 190; RRS s 2063.]

catchline: Words and phrases—How used.


title: RCW 10.40.050

text:
If he or she alleges that another name is his or her true name it must be entered in the minutes of the court, and the subsequent proceedings on the indictment or information may be had against him or her by that name, referring also to the name by which he or she is indicted or informed against.
[ 2010 c 8 s 1038; 1891 c 28 s 49; Code 1881 s 1065; 1873 p 232 s 227; 1854 p 116 s 91; RRS s 2097.]
Notes:
Action on discovery of true name: RCW 10.46.060.

catchline: Entry and use of true name.


title: RCW 10.40.060

text:
In answer to the arraignment, the defendant may move to set aside the indictment or information, or he or she may demur or plead to it, and is entitled to one day after arraignment in which to answer thereto if he or she demands it.
[ 2010 c 8 s 1039; 1891 c 28 s 50; Code 1881 s 1045; RRS s 2098.]

catchline: Pleading to arraignment.


title: RCW 10.40.070

text:
The motion to set aside the indictment can be made by the defendant on one or more of the following grounds, and must be sustained:
(1) When any person, other than the grand jurors, was present before the grand jury when the question was taken upon the finding of the indictment, or when any person, other than the grand jurors, was present before the grand jury during the investigation of the charge, except as required or permitted by law;
(2) If the grand jury were not selected, drawn, summoned, impaneled, or sworn as prescribed by law.
[ 1983 c 3 s 12; 1957 c 10 s 1; Code 1881 s 1046; RRS s 2099. FORMER PART OF SECTION: Code 1881 s 1047; RRS s 2100, now codified as RCW 10.40.075.]

catchline: Motion to set aside indictment.


title: RCW 10.40.075

text:
The ground of the motion to set aside the indictment mentioned in the fourth subdivision of RCW 10.40.070 is not allowed to a defendant who has been held to answer before indictment.
[Code 1881 s 1047; RRS s 2100. Formerly RCW 10.40.070, part.]

catchline: Motion to set aside indictment—Grounds not allowed, when.


title: RCW 10.40.090

text:
An order to set aside the indictment or information as provided in this chapter shall be no bar to a future prosecution for the same offense.
[ 1891 c 28 s 54; Code 1881 s 1050; RRS s 2104.]

catchline: Sustaining motion—Effect of.


title: RCW 10.40.100

text:
If the motion to set aside the indictment [or information] be denied, the defendant must immediately answer the indictment or information, either by demurring or pleading thereto.
[ 1891 c 28 s 52; Code 1881 s 1048; RRS s 2102.]

catchline: Overruling motion—Pleading over.


title: RCW 10.40.110

text:
The defendant may demur to the indictment or information when it appears upon its face either—
(1) That it does not substantially conform to the requirements of this code;
(2) [That] more than one crime is charged;
(3) That the facts charged do not constitute a crime;
(4) That the indictment or information contains any matter which, if true, would constitute a defense or other legal bar to the action.
[ 1891 c 28 s 55; Code 1881 s 1051; RRS s 2105.]

catchline: Demurrer to indictment or information.