Title 10 — Title 10 CRIMINAL PROCEDURE
52 chapters · 541 sections in this title.
RCW 10.27.060 Discharge of panel, juror—Grounds.
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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…
RCW 10.27.070 Oath—Officers—Witnesses.
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(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 …
RCW 10.27.080 Persons authorized to attend—Restrictions on attorneys.
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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 p…
RCW 10.27.090 Secrecy enjoined—Exceptions—Use and availability of evidence.
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(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…
RCW 10.27.100 Inquiry as to offenses—Duties—Investigation.
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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…
RCW 10.27.110 Duration of sessions—Extensions.
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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.[ …
RCW 10.27.120 Self-incrimination—Right to counsel.
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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-incrimi…
RCW 10.27.130 Self-incrimination—Refusal to testify or give evidence—Procedure.
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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…
RCW 10.27.140 Witnesses—Attendance.
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(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 …
RCW 10.27.150 Indictments—Issuance.
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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…
RCW 10.27.160 Grand jury report.
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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…
RCW 10.27.170 Special inquiry judge—Petition for order—Investigation of sexual exploitation of children.
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(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 co…
RCW 10.27.180 Special inquiry judge—Disqualification from subsequent proceedings.
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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 t…
RCW 10.27.190 Special inquiry judge—Direction to public attorney for proceedings in another county—Procedure.
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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 in…
RCW 10.29.010 Short title.
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This chapter shall be known and may be cited as the Statewide Special Inquiry Judge Act.[ 1980 c 146 s 1.]
RCW 10.29.020 Intent.
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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.]
RCW 10.29.050 Powers and duties of statewide special inquiry judge.
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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 …
RCW 10.29.060 Disclosures by witness—Penalty.
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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.]
RCW 10.29.070 Rules.
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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 b…
RCW 10.29.100 Vacancy in office.
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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 ter…
RCW 10.29.110 Duties of special prosecutor or designee.
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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 inqu…
RCW 10.29.120 Advising county prosecuting attorney—Filing and prosecution of informations—Expenses of prosecutions.
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(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 …
RCW 10.29.130 Disqualification of judge from subsequent proceedings.
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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 …
RCW 10.31.030 Service—How—Warrant not in possession, procedure—Bail.
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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…
RCW 10.31.040 Officer may break and enter.
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(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 …
RCW 10.31.060 Arrest by telegraph or teletype.
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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 ap…
RCW 10.31.100 Arrest without warrant.
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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 w…
RCW 10.31.110 Alternatives to arrest—Individuals with mental disorders or substance use disorders.
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(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…
RCW 10.32.005 Findings—Intent—Purpose—2024 c 207.
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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 …
RCW 10.32.007 Short title.
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This chapter may be known and cited as the "tribal warrants act."[ 2024 c 207 s 15.]
RCW 10.32.010 Definitions.
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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 on…
RCW 10.32.020 Certification—Tribes.
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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 t…
RCW 10.32.030 Noncertified tribes—Detention—Notice.
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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 n…
RCW 10.32.040 Noncertified tribes—Demand—Extradition.
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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 acc…
RCW 10.32.042 Tribal fugitive—Extradition—Standing—State court hearing.
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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.]
RCW 10.32.050 Tribal fugitive—Criminal prosecution pending.
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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 fug…
RCW 10.32.060 Noncertified tribes—Order of surrender.
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(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 extr…
RCW 10.32.070 Noncertified tribes—Persons in custody.
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(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, paro…
RCW 10.32.080 Noncertified tribes—Fugitive transport.
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(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 e…
RCW 10.32.090 Noncertified tribes—Judicial hearing.
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(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 d…
RCW 10.32.100 Certified tribes—Procedure for tribal warrants.
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(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…
RCW 10.32.110 Authority of the state or local jurisdictions.
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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 with…
RCW 10.32.115 Authority of the state or local jurisdictions—Superior court of the county.
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(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 federa…
RCW 10.32.118 Tribal warrants—Warrant issued.
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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 …
RCW 10.32.120 Tribal warrants—Other warrants.
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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.]
RCW 10.32.130 Tribal warrants—Criminally or civilly liable.
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(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 …
RCW 10.32.900 Effective date—2024 c 207.
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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…
RCW 10.34.010 Officer may arrest defendant in any county.
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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 ap…
RCW 10.34.020 Escape—Retaking prisoner—Authority.
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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 ha…
RCW 10.34.030 Escape—Retaking in foreign state—Extradition agents.
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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 governo…