Title 10 — Title 10 CRIMINAL PROCEDURE

In a case where an individual accompanied or otherwise secured by an officer pursuant to chapter 267, Laws of 2015 is waiting for treatment in a hospital emergency department, the hospital shall see the patient in as expeditious a manner as possible, while taking into considerati…

The provisions of chapter 267, Laws of 2015 do not constitute a special relationship exception to the public duty doctrine. Officers and their employing departments and agencies and representatives are immune from civil liability arising out of the failure to comply with chapter …

Nothing in this chapter changes the standards of care with regard to the use of restraints on pregnant women or youth in custody as codified in chapters 70.48 and 72.09 RCW.[ 2015 c 267 s 5.]

(1) In a criminal investigation of an offense involving the sexual exploitation of children under chapter 9.68A RCW, the prosecuting attorney shall use the special inquiry judge process established under chapter 10.27 RCW when the prosecuting attorney determines it is necessary t…

Except as required by federal consent decree, federal settlement agreement, or federal court order, where the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm, an independent investigation must be completed to inform any deter…

Whenever a law enforcement officer's application of force results in the death of a person who is an enrolled member of a federally recognized Indian tribe, the law enforcement agency must notify the governor's office of Indian affairs. Notice by the law enforcement agency to the…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Law enforcement agency" includes any "general authority Washington law enforcement agency" and any "limited authority Washington law enforcement agency," as those term…

(1) A peace officer may not use a chokehold or neck restraint on another person in the course of his or her duties as a peace officer.(2) Any policies pertaining to the use of force adopted by law enforcement agencies must be consistent with this section.(3) For the purposes of t…

(1) A peace officer is prohibited from:(a) Hog-tying a person; or(b) Assisting in putting a person into a hog-tie.(2) Hog-tying shall constitute the use of excessive force for the purposes of RCW 10.93.190.(3) This section shall not be interpreted to prohibit the use of any other…

(1) A law enforcement agency may not use or authorize its peace officers or other employees to use tear gas unless necessary to alleviate a present risk of serious harm posed by a: (a) Riot; (b) barricaded subject; or (c) hostage situation.(2) Prior to using tear gas as authorize…

(1) A law enforcement agency may not acquire or use any military equipment. Any law enforcement agency in possession of military equipment as of July 25, 2021, shall return the equipment to the federal agency from which it was acquired, if applicable, or destroy the equipment by …

All law enforcement agencies shall adopt policies and procedures to ensure that uniformed peace officers while on duty and in the performance of their official duties are reasonably identifiable. For purposes of this section, "reasonably identifiable" means that the peace officer…

(1) A peace officer may not engage in a vehicular pursuit, unless:(a) There is reasonable suspicion a person has violated the law;(b) The pursuit is necessary for the purpose of identifying or apprehending the person;(c) The person poses a threat to the safety of others and the s…

The legislature finds that law enforcement transparency and accountability are vital in maintaining public trust. Data collection is one essential tool to allow the public, law enforcement, and policymakers to analyze the effectiveness of existing police practices, determine whic…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Contractor" means the institution of higher education contracted with the office of the attorney general to implement the statewide use of force data program as provid…

(1) Each law enforcement agency in the state is required to report each incident where a law enforcement officer employed by the agency used force and:(a) A fatality occurred in connection with the use of force;(b) Great bodily harm occurred in connection with the use of force;(c…

(1) Subject to the availability of amounts appropriated for this specific purpose, the office of the attorney general must engage in a competitive procurement to contract with an institution of higher education to implement the statewide use of force data program. The primary pur…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Deadly force" has the same meaning as provided in RCW 9A.16.010.(2) "De-escalation tactics" refer to actions used by a peace officer that are intended to minimize the …

(1) PHYSICAL FORCE. Except as otherwise provided under this section, a peace officer may use physical force against a person to the extent necessary to:(a) Protect against a criminal offense when there is probable cause that the person has committed, is committing, or is about to…

(1) By July 1, 2022, the attorney general shall develop and publish model policies on law enforcement's use of force and de-escalation tactics consistent with RCW 10.120.020.(2) By December 1, 2022, all law enforcement agencies shall: Adopt policies consistent with the model poli…

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

In this chapter:(1) "Custodial interrogation" means express questioning or other actions or words by a law enforcement officer which are reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would…

(1) Except as otherwise provided by RCW 10.122.050 through 10.122.100, a custodial interrogation, including the giving of any required warning, advice of the rights of the individual being questioned, and the waiver of any rights by the individual, must be recorded electronically…

Notwithstanding RCW 9.73.030 and 9.73.090, a law enforcement officer conducting a custodial interrogation is not required to obtain consent to electronic recording from the individual being interrogated, but must inform the individual that an electronic recording is being made of…

A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if recording is not feasible because of exigent circumstances. The law enforcement officer conducting the interrogation shall record electronically an explanation of the exigen…

(1) A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if the individual to be interrogated indicates that the individual will not participate in the interrogation if it is recorded electronically. If feasible, the agreement to…

If a custodial interrogation occurs in another state in compliance with that state's law or is conducted by a federal law enforcement agency in compliance with federal law, the interrogation need not be recorded electronically unless the interrogation is conducted with intent to …

(1) A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if the interrogation occurs when no law enforcement officer conducting the interrogation has knowledge of facts and circumstances that would lead an officer reasonably to b…

A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if a law enforcement officer conducting the interrogation or the officer's superior reasonably believes that electronic recording would disclose the identity of a confidential …

(1) All or part of a custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically to the extent that recording is not feasible because the available electronic recording equipment fails, despite reasonable maintenance of the equipment, and…

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

If the prosecution intends to introduce in its case in chief a statement made during a custodial interrogation to which RCW 10.122.030 applies which was not recorded electronically, the prosecution, not later than the time specified by the local rules governing discovery, shall s…

(1) Unless the court finds that an exception in RCW 10.122.050 through 10.122.100 applies, the court shall consider the failure to record electronically all or part of a custodial interrogation to which RCW 10.122.030 applies in determining whether a statement made during the int…

Each law enforcement agency in this state shall establish and enforce procedures to ensure that the electronic recording of all or part of a custodial interrogation is identified, accessible, and preserved throughout the length of any resulting sentence, including any period of c…

(1) Each law enforcement agency that is a governmental entity of this state shall adopt and enforce policies and procedures to implement this chapter.(2) The policies and procedures adopted under subsection (1) of this section must address the following topics:(a) How an electron…

(1) A law enforcement agency that is a governmental entity in this state which has implemented procedures reasonably designed to enforce the rules adopted pursuant to RCW 10.122.150 and ensure compliance with this chapter is not subject to civil liability for damages arising from…

(1) In any pretrial or posttrial proceeding, an electronic recording of a custodial interrogation is self-authenticating if it is accompanied by a certificate of authenticity sworn under oath or affirmation by an appropriate law enforcement officer.(2) This chapter does not limit…

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

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

This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the no…

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