RCW 10.58.030 — Washington Code / Title 10 / Chapter 58 / Section 030
RCW 10.58.030: Confession as evidence.
Status: in_force

The confession of a defendant made under inducement, with all the circumstances, may be given as evidence against him or her, except when made under the influence of fear produced by threats; but a confession made under inducement is not sufficient to warrant a conviction without corroborating testimony.
RCW 10.77.530 — Washington Code / Title 10 / Chapter 77 / Section 530
RCW 10.77.530: Acquittal of crime.
Status: in_force

(1) If a defendant is acquitted of a crime by reason of insanity, and it is found that he or she is not a substantial danger to other persons, and does not present a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions, the court shall direct the defendant's release. If it is found that such defendant is a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions, the court shall order his or her hospitalization, or any appropriate alternative treatment less restrictive than detention in a state mental hospital, pursuant to the terms of this chapter. If it is found that such defendant is not a substantial danger to other persons, and does not present a substantial likelihood of committing criminal acts jeopardizing public safety or security, but that he or she is in need of control by the court or other persons or institutions, the court shall direct the defendant's conditional release. (2)(a) Upon placement of the defendant under control by the court or other persons and institutions or placement of the defendant on conditional release, or upon application by the prosecuting attorney at any subsequent time during which the court retains supervision of the defendant, the court may enter a separate no-contact order to protect any victim of the defendant's conduct in addition to the defendant's order of commitment. The maximum term of the no-contact order shall be the defendant's maximum term of commitment, or until the defendant's release under *RCW 10.77.595 , whichever comes sooner. The clerk's office shall provide a written certified copy of the no-contact order to the victim. (b) The no-contact order shall contain the court's directives and shall state that a violation of the order is a criminal offense under chapter 7.105 RCW and will subject the person who violates the order to arrest, and that any assault, drive-by shooting, or reckless endangerment that is a violation of the order is a felony. (c) Any willful violation of a no-contact order issued under this section is punishable under RCW 7.105.450 . (d) For the purpose of this subsection, "victim" has the same meaning as in RCW 9.94A.030 . (3) Whenever an order is issued, modified, or terminated under this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.
RCW 10.40.110 — Washington Code / Title 10 / Chapter 40 / Section 110
RCW 10.40.110: Demurrer to indictment or information.
Status: in_force

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.
RCW 10.21.040 — Washington Code / Title 10 / Chapter 21 / Section 040
RCW 10.21.040: Detention order—Hearing—Expedited review.
Status: in_force

If, after a hearing on offenses prescribed in Article I, section 20 of the state Constitution, the judicial officer finds, by clear and convincing evidence, that a person shows a propensity for violence that creates a substantial likelihood of danger to the community or any persons, and finds that no condition or combination of conditions will reasonably assure the safety of any other person and the community, such judicial officer must order the detention of the person before trial. The detainee is entitled to expedited review of the detention order by the court of appeals under the writ provided in RCW 7.36.160 .
RCW 10.77.605 — Washington Code / Title 10 / Chapter 77 / Section 605
RCW 10.77.605: Competency to stand trial, admissions for inpatient competency restoration services—Performance targets and maximum time limits—Duties of the department—Report—New entitlement or cause of action not created—No basis for contempt or motion to dismiss.
Status: in_force

(1)(a) The legislature establishes a performance target of seven days or fewer to extend an offer of admission to a defendant in pretrial custody for inpatient competency evaluation or inpatient competency restoration services, when access to the services is legally authorized. (b) The legislature establishes a performance target of 14 days or fewer for the following services related to competency to stand trial, when access to the services is legally authorized: (i) To complete a competency evaluation in jail and distribute the evaluation report; and (ii) To extend an offer of admission to a defendant ordered to be committed to the department for placement in a facility operated by or contracted by the department following dismissal of charges based on incompetency to stand trial under *RCW 10.77.645 . (c) The legislature establishes a performance target of 21 days or fewer to complete a competency evaluation in the community and distribute the evaluation report. (2)(a) A maximum time limit of seven days as measured from the department's receipt of the court order, or a maximum time limit of 14 days as measured from signature of the court order, whichever is shorter, is established to complete the services specified in subsection (1)(a) of this section, subject to the limitations under subsection (9) of this section. (b) A maximum time limit of 14 days as measured from the department's receipt of the court order, or a maximum time limit of 21 days as measured from signature of the court order, whichever is shorter, is established to complete the services specified in subsection (1)(b) of this section, subject to the limitations under subsection (9) of this section. (3) The legislature recognizes that these targets may not be achievable in all cases, but intends for the department to manage, allocate, and request appropriations for resources in order to meet these targets whenever possible without sacrificing the accuracy and quality of competency services. (4) It shall be a defense to an allegation that the department has exceeded the maximum time limits for completion of competency services described in subsection (2) of this section if the department can demonstrate by a preponderance of the evidence that the reason for exceeding the maximum time limits was outside of the department's control including, but not limited to, the following circumstances: (a) Despite a timely request, the department has not received necessary medical information regarding the current medical status of a defendant; (b) The individual circumstances of the defendant make accurate completion of an evaluation of competency to stand trial dependent upon review of mental health, substance use disorder, or medical history information which is in the custody of a third party and cannot be immediately obtained by the department, provided that completion shall not be postponed for procurement of information which is merely supplementary; (c) Additional time is needed for the defendant to no longer show active signs and symptoms of impairment related to substance use so that an accurate evaluation may be completed; (d) The defendant is medically unavailable for competency evaluation or admission to a facility for competency restoration; (e) Completion of the referral requires additional time to accommodate the availability or participation of counsel, court personnel, interpreters, or the defendant; (f) The defendant asserts legal rights that result in a delay in the provision of competency services; or (g) An unusual spike in the receipt of evaluation referrals or in the number of defendants requiring restoration services has occurred, causing temporary delays until the unexpected excess demand for competency services can be resolved. (5) The department shall provide written notice to the court when it will not be able to meet the maximum time limits under subsection (2) of this section and identify the reasons for the delay and provide a reasonable estimate of the time necessary to complete the competency service. Good cause for an extension for the additional time estimated by the department shall be presumed absent a written response from the court or a party received by the department within seven days. (6) The department shall: (a) Develop, document, and implement procedures to monitor the clinical status of defendants admitted to a state hospital for competency services that allow the state hospital to accomplish early discharge for defendants for whom clinical objectives have been achieved or may be achieved before expiration of the commitment period; (b) Investigate the extent to which patients admitted to a state hospital under this chapter overstay time periods authorized by law and take reasonable steps to limit the time of commitment to authorized periods; and (c) Establish written standards for the productivity of forensic evaluators and utilize these standards to internally review the performance of forensic evaluators. (7) Following any quarter in which a state hospital has failed to meet one or more of the performance targets or maximum time limits under subsection (1) or (2) of this section, the department shall report to the executive and the legislature the extent of this deviation and describe any corrective action being taken to improve performance. This report shall be made publicly available. An average may be used to determine timeliness under this subsection. (8) The department shall report annually to the legislature and the executive on the timeliness of services related to competency to stand trial and the timeliness with which court referrals accompanied by charging documents, discovery, and criminal history information are provided to the department relative to the signature date of the court order. The report must be in a form that is accessible to the public and that breaks down performance by county. (9) This section does not create any new entitlement or cause of action related to the timeliness of competency to stand trial services, nor can it form the basis for contempt sanctions under chapter 7.21 RCW or a motion to dismiss criminal charges.
RCW 10.19.055 — Washington Code / Title 10 / Chapter 19 / Section 055
RCW 10.19.055: Class A or B felony offenses—Bail for release determined by judicial officer.
Status: in_force

Bail for the release of a person arrested and detained for a class A or B felony offense must be determined on an individualized basis by a judicial officer.
RCW 10.73.040 — Washington Code / Title 10 / Chapter 73 / Section 040
RCW 10.73.040: Bail pending appeal.
Status: in_force

In all criminal actions, except capital cases in which the proof of guilt is clear or the presumption great, upon an appeal being taken from a judgment of conviction, the court in which the judgment was rendered, or a judge thereof, must, by an order entered in the journal or filed with the clerk, fix and determine the amount of bail to be required of the appellant; and the appellant shall be committed until a bond to the state of Washington in the sum so fixed be executed on his or her behalf by at least two sureties possessing the qualifications required for sureties on appeal bonds, such bond to be conditioned that the appellant shall appear whenever required, and stand to and abide by the judgment or orders of the appellate court, and any judgment and order of the superior court that may be rendered or made in pursuance thereof. If the appellant be already at large on bail, his or her sureties shall be liable to the amount of their bond, in the same manner and upon the same conditions as if they had executed the bond prescribed by this section; but the court may by order require a new bond in a larger amount or with new sureties, and may commit the appellant until the order be complied with.
RCW 10.05.160 — Washington Code / Title 10 / Chapter 05 / Section 160
RCW 10.05.160: Appeal of deferred prosecution order.
Status: in_force

The prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds: (1) Prior deferred prosecution has been granted to the defendant; (2) For a present petition alleging a domestic violence behavior problem, a prior stipulated order of continuance has been granted to the defendant; (3) Failure of the court to obtain proof of insurance or a treatment plan conforming to the requirements of this chapter; (4) Failure of the court to comply with the requirements of RCW 10.05.100 ; (5) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050 , if the defendant has been referred to the facility for treatment. If an appeal on such basis is successful, the trial court may consider the use of another treatment program; (6) Failure of the court to order the installation of an ignition interlock or other device under RCW 10.05.140 .
RCW 46.64.015 — Washington Code / Title 10 / Chapter 64 / Section 015
RCW 46.64.015: Citation and notice to appear in court—Issuance—Contents—Arrest—Detention.
Status: in_force

Whenever any person is arrested for any violation of the traffic laws or regulations which is punishable as a misdemeanor or by imposition of a fine, the arresting officer may serve upon him or her a traffic citation and notice to appear in court. Such citation and notice shall conform to the requirements of RCW 46.64.010 , and in addition, shall include spaces for the name and address of the person arrested, the license number of the vehicle involved, the driver's license number of such person, if any, the offense or violation charged, and the time and place where such person shall appear in court. Such spaces shall be filled with the appropriate information by the arresting officer. An officer may not serve or issue any traffic citation or notice for any offense or violation except either when the offense or violation is committed in his or her presence or when a person may be arrested pursuant to RCW 10.31.100 , as now or hereafter amended. The detention arising from an arrest under this section may not be for a period of time longer than is reasonably necessary to issue and serve a citation and notice, except that the time limitation does not apply under any of the following circumstances: (1) Where the arresting officer has probable cause to believe that the arrested person has committed any of the offenses enumerated in RCW 10.31.100 (3); (2) When the arrested person is a nonresident and is being detained for a hearing under RCW 46.64.035 .When the defendant is found guilty, the court shall render judgment accordingly, and the defendant may be liable for all costs, unless the court or jury trying the cause expressly find otherwise. The court shall not order a defendant to pay costs, as described in RCW 10.01.160 , if the court finds that the person at the time of sentencing is indigent as defined in RCW 10.01.160 (3).
RCW 10.110.050 — Washington Code / Title 10 / Chapter 110 / Section 050
RCW 10.110.050: Civil liability.
Status: in_force

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 267, Laws of 2015, unless it is shown that, in the totality of the circumstances, the officer, employing department, agency, or representative acted with gross negligence or bad faith.
RCW 10.112.010 — Washington Code / Title 10 / Chapter 112 / Section 010
RCW 10.112.010: Special inquiry judge process—Subpoena for records.
Status: in_force

(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 to the investigation to subpoena a provider of electronic communication services or remote computing services to obtain records relevant to the investigation, including, but not limited to, records or information that provide the following subscriber or customer information: (a) Name and address; (b) local and long distance telephone connection records, or records of session times and durations; (c) length of service and types of service utilized; (d) telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (e) means and source of payment for such service, including any credit card or bank account number. (2) A provider who receives a subpoena for records as provided under subsection (1) of this section may not disclose the existence of the subpoena to the subscribers or customers whose records or information are requested or released under the subpoena. (3) For the purposes of this section: (a) "Electronic communication service" means any service that provides to users the ability to send or receive wire or electronic communications. (b) "Provider" means a provider of electronic communication services or remote computing services. (c) "Remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communications system.
RCW 10.66.080 — Washington Code / Title 10 / Chapter 66 / Section 080
RCW 10.66.080: Notice of order to law enforcement agency.
Status: in_force

A copy of an off-limits order granted under this chapter shall be forwarded by the court to the local law enforcement agency with jurisdiction over the PADT area specified in the order on or before the next judicial day following issuance of the order. Upon receipt of the order, the law enforcement agency shall promptly enter it into an appropriate law enforcement information system.
RCW 10.32.030 — Washington Code / Title 10 / Chapter 32 / Section 030
RCW 10.32.030: Noncertified tribes—Detention—Notice.
Status: in_force

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.
RCW 10.32.118 — Washington Code / Title 10 / Chapter 32 / Section 118
RCW 10.32.118: Tribal warrants—Warrant issued.
Status: in_force

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.
RCW 10.40.180 — Washington Code / Title 10 / Chapter 40 / Section 180
RCW 10.40.180: Plea of not guilty.
Status: in_force

The plea of not guilty is a denial of every material allegation in the indictment or information; and all matters of fact may be given in evidence under it, except a former conviction or acquittal.
RCW 10.73.110 — Washington Code / Title 10 / Chapter 73 / Section 110
RCW 10.73.110: Collateral attack—One year time limit—Duty of court to advise defendant.
Status: in_force

At the time judgment and sentence is pronounced in a criminal case, the court shall advise the defendant of the time limit specified in RCW 10.73.090 and 10.73.100 .
RCW 10.116.060 — Washington Code / Title 10 / Chapter 116 / Section 060
RCW 10.116.060: Vehicular pursuit.
Status: in_force

(1) A peace officer may not engage in a vehicular pursuit, unless: (a) There is reasonable suspicion a person has violated the law; (b) The pursuit is necessary for the purpose of identifying or apprehending the person; (c) The person poses a threat to the safety of others and the safety risks of failing to apprehend or identify the person are considered to be greater than the safety risks of the vehicular pursuit under the circumstances; and (d)(i) Except as provided in (d)(ii) of this subsection, the pursuing officer notifies a supervising officer immediately upon initiating the vehicular pursuit; there is supervisory oversight of the pursuit; and the pursuing officer, in consultation with the supervising officer, considers alternatives to the vehicular pursuit, the justification for the vehicular pursuit and other safety considerations, including but not limited to speed, weather, traffic, road conditions, and the known presence of minors in the vehicle; (ii) For those jurisdictions with fewer than 15 commissioned officers, if a supervisor is not on duty at the time, the pursuing officer requests the on-call supervisor be notified of the pursuit according to the agency's procedures, and the pursuing officer considers alternatives to the vehicular pursuit, the justification for the vehicular pursuit, and other safety considerations, including but not limited to speed, weather, traffic, road conditions, and the known presence of minors in the vehicle. (2) In any vehicular pursuit under this section: (a) The pursuing officer and the supervising officer, if applicable, shall comply with any agency procedures for designating the primary pursuit vehicle and determining the appropriate number of vehicles permitted to participate in the vehicular pursuit; (b) The supervising officer, the pursuing officer, or dispatcher shall notify other law enforcement agencies or surrounding jurisdictions that may be impacted by the vehicular pursuit or called upon to assist with the vehicular pursuit, and the pursuing officer and the supervising officer, if applicable, shall comply with any agency procedures for coordinating operations with other jurisdictions, including available tribal police departments when applicable; (c) The pursuing officer must be able to directly communicate with other officers engaging in the pursuit, the supervising officer, if applicable, and the dispatch agency, such as being on a common radio channel or having other direct means of communication; (d) As soon as practicable after initiating a vehicular pursuit, the pursuing officer, supervising officer, if applicable, or responsible agency shall develop a plan to end the pursuit through the use of available pursuit intervention options, such as the use of the pursuit intervention technique, deployment of spike strips or other tire deflation devices, or other department authorized pursuit intervention tactics; and (e) The pursuing officer must have completed an emergency vehicle operator's course, must have completed updated emergency vehicle operator training in the previous two years, where applicable, and must be certified in at least one pursuit intervention option. Emergency vehicle operator training must include training on performing the risk assessment analysis described in subsection (1)(c) of this section. (3) A vehicle pursuit not meeting the requirements under this section must be terminated. (4) A peace officer may not fire a weapon upon a moving vehicle unless necessary to protect against an imminent threat of serious physical harm resulting from the operator's or a passenger's use of a deadly weapon. For the purposes of this subsection, a vehicle is not considered a deadly weapon unless the operator is using the vehicle as a deadly weapon and no other reasonable means to avoid potential serious harm are immediately available to the officer. (5) For purposes of this section, "vehicular pursuit" means an attempt by a uniformed peace officer in a vehicle equipped with emergency lights and a siren to stop a moving vehicle where the operator of the moving vehicle appears to be aware that the officer is signaling the operator to stop the vehicle and the operator of the moving vehicle appears to be willfully resisting or ignoring the officer's attempt to stop the vehicle by increasing vehicle speed, making evasive maneuvers, or operating the vehicle in a reckless manner that endangers the safety of the community or the officer.
RCW 10.101.020 — Washington Code / Title 10 / Chapter 101 / Section 020
RCW 10.101.020: Determination of indigency—Provisional appointment—Promissory note.
Status: in_force

(1) A determination of indigency shall be made for all persons wishing the appointment of counsel in criminal, juvenile, involuntary commitment, and dependency cases, and any other case where the right to counsel attaches. The court or its designee shall determine whether the person is indigent pursuant to the standards set forth in this chapter. (2) In making the determination of indigency, the court shall also consider the anticipated length and complexity of the proceedings and the usual and customary charges of an attorney in the community for rendering services, and any other circumstances presented to the court which are relevant to the issue of indigency. The appointment of counsel shall not be denied to the person because the person's friends or relatives, other than a spouse who was not the victim of any offense or offenses allegedly committed by the person, have resources adequate to retain counsel, or because the person has posted or is capable of posting bond. (3) The determination of indigency shall be made upon the defendant's initial contact with the court or at the earliest time circumstances permit. The court or its designee shall keep a written record of the determination of indigency. Any information given by the accused under this section or sections shall be confidential and shall not be available for use by the prosecution in the pending case. (4) If a determination of eligibility cannot be made before the time when the first services are to be rendered, the court shall appoint an attorney on a provisional basis. If the court subsequently determines that the person receiving the services is ineligible, the court shall notify the person of the termination of services, subject to court-ordered reinstatement. (5) All persons determined to be indigent and able to contribute, shall be required to execute a promissory note at the time counsel is appointed. The person shall be informed whether payment shall be made in the form of a lump sum payment or periodic payments. The payment and payment schedule must be set forth in writing. The person receiving the appointment of counsel shall also sign an affidavit swearing under penalty of perjury that all income and assets reported are complete and accurate. In addition, the person must swear in the affidavit to immediately report any change in financial status to the court. (6) The office or individual charged by the court to make the determination of indigency shall provide a written report and opinion as to indigency on a form prescribed by the office of public defense, based on information obtained from the defendant and subject to verification. The form shall include information necessary to provide a basis for making a determination with respect to indigency as provided by this chapter.(1) There is hereby created and established a state commission to be known and designated as the Washington state criminal justice training commission. (2) The purpose of the commission shall be to establish and administer standards and processes for certification, suspension, and decertification of peace officers and corrections officers. The commission shall provide programs and training that enhance the integrity, effectiveness, and professionalism of peace officers and corrections officers while helping to ensure that law enforcement and correctional services are delivered to the people of Washington in a manner that fully complies with the Constitutions and laws of this state and United States. In carrying out its duties, the commission shall strive to promote public trust and confidence in every aspect of the criminal justice system.
RCW 10.77.640 — Washington Code / Title 10 / Chapter 77 / Section 640
RCW 10.77.640: Evaluation and determination of individual with developmental disability—Program placement—Admissions, limitation.
Status: reserved

(1) A defendant found incompetent by the court under *RCW 10.77.635 must be evaluated at the direction of the secretary and a determination made whether the defendant is an individual with a developmental disability. Such evaluation and determination must be accomplished as soon as possible following the court's placement of the defendant in the custody of the secretary. (2) When appropriate, and subject to available funds, if the defendant is determined to be an individual with a developmental disability, he or she may be placed in a program specifically reserved for the treatment and training of persons with developmental disabilities where the defendant has the right to habilitation according to an individualized service plan specifically developed for the particular needs of the defendant. A copy of the evaluation must be sent to the program. (a) The program must be separate from programs serving persons involved in any other treatment or habilitation program. (b) The program must be appropriately secure under the circumstances and must be administered by developmental disabilities professionals who shall direct the habilitation efforts. (c) The program must provide an environment affording security appropriate with the charged criminal behavior and necessary to protect the public safety. (3) The department may limit admissions of such persons to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department for such services. (4) The department may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department.
RCW 10.88.370 — Washington Code / Title 10 / Chapter 88 / Section 370
RCW 10.88.370: Failure to appear—Bond forfeiture—Arrest—Recovery on bond.
Status: in_force

If the prisoner is admitted to bail, and fails to appear and surrender himself or herself according to the conditions of his or her bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his or her immediate arrest without warrant if he or she be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.
RCW 10.05.157 — Washington Code / Title 10 / Chapter 05 / Section 157
RCW 10.05.157: Deferred prosecution—Mental health disorder.
Status: in_force

A deferred prosecution for mental health disorder where the wrongful conduct did not involve, and was not caused by, alcohol, drugs, or a substance use disorder, shall include treatment recommended by a state-approved mental health provider.
RCW 10.122.120 — Washington Code / Title 10 / Chapter 122 / Section 120
RCW 10.122.120: Notice of intent to introduce unrecorded statement.
Status: in_force

If the prosecution intends to introduce in its case in chief a statement made during a custodial interrogation to which RCW 10.122.030 applies which was not recorded electronically, the prosecution, not later than the time specified by the local rules governing discovery, shall serve the defendant with written notice of that intent and of any exception on which the prosecution intends to rely.
RCW 10.01.210 — Washington Code / Title 10 / Chapter 01 / Section 210
RCW 10.01.210: Offender notification and warning.
Status: in_force

Any and all law enforcement agencies and personnel, criminal justice attorneys, sentencing judges, and state and local correctional facilities and personnel may, but are not required to, give any and all offenders either written or oral notice, or both, of the sanctions imposed and criminal justice changes regarding armed offenders, including but not limited to the subjects of: (1) Felony crimes involving any deadly weapon special verdict under *RCW 9.94A.602 ; (2) Any and all deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, as well as any federal firearm, ammunition, or other deadly weapon enhancements; (3) Any and all felony crimes requiring the possession, display, or use of any deadly weapon as well as the many increased penalties for these crimes including the creation of theft of a firearm and possessing a stolen firearm; (4) New prosecuting standards established for filing charges for all crimes involving any deadly weapons; (5) Removal of good time for any and all deadly weapon enhancements; and (6) Providing the death penalty for those who commit first degree murder: (a) To join, maintain, or advance membership in an identifiable group; (b) as part of a drive-by shooting; or (c) to avoid prosecution as a persistent offender as defined in RCW 9.94A.030 .
RCW 10.88.415 — Washington Code / Title 10 / Chapter 88 / Section 415
RCW 10.88.415: Delivery without governor's warrant.
Status: in_force

A law enforcement agency shall deliver a person in custody to the accredited agent or agents of a demanding state without the governor's warrant provided that: (1) Such person is alleged to have broken the terms of his or her probation, parole, bail, or any other release of the demanding state; and (2) The law enforcement agency has received from the demanding state 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 demanding state and photographs or fingerprints or other evidence properly identifying the person as the person who signed the waiver.
RCW 10.93.070 — Washington Code / Title 10 / Chapter 93 / Section 070
RCW 10.93.070: General authority peace officer—Powers of, circumstances.
Status: in_force

In addition to any other powers vested by law, a general authority Washington peace officer who possesses a certificate of basic law enforcement training or a certificate of equivalency or has been exempted from the requirement therefor by the Washington state criminal justice training commission may enforce the traffic or criminal laws of this state throughout the territorial bounds of this state, under the following enumerated circumstances: (1) Upon the prior written consent of the sheriff or chief of police in whose primary territorial jurisdiction the exercise of the powers occurs; (2) In response to an emergency involving an immediate threat to human life or property; (3) In response to a request for assistance pursuant to a mutual law enforcement assistance agreement with the agency of primary territorial jurisdiction or in response to the request of a peace officer with enforcement authority; (4) When the officer is transporting a prisoner; (5) When the officer is executing an arrest warrant or search warrant; or (6) When the officer is in fresh pursuit, as defined in RCW 10.93.120 .
RCW 10.77.139 — Washington Code / Title 10 / Chapter 77 / Section 139
RCW 10.77.139: Independent public safety review panel—Members—Secretary to submit recommendation—Access to records—Support, rules—Report.
Status: in_force

(1) The secretary shall establish an independent public safety review panel for the purpose of advising the secretary and the courts with respect to persons who have been found not guilty by reason of insanity, or persons committed under the involuntary treatment act where the court has made a special finding under RCW 71.05.280 (3)(b). The panel shall provide advice regarding all recommendations to the secretary, decisions by the secretary, or actions pending in court: (a) For a change in commitment status; (b) to allow furloughs or temporary leaves accompanied by staff; (c) not to seek further commitment terms under RCW 71.05.320 ; or (d) to permit movement about the grounds of the treatment facility, with or without the accompaniment of staff. (2) The members of the public safety review panel shall be appointed by the governor for a renewable term of three years and shall include the following: (a) A psychiatrist; (b) A licensed clinical psychologist; (c) A representative of the department of corrections; (d) A prosecutor or a representative of a prosecutor's association; (e) A representative of law enforcement or a law enforcement association; (f) A consumer and family advocate representative; and (g) A public defender or a representative of a defender's association. (3) Thirty days prior to issuing a recommendation for conditional release under *RCW 10.77.550 or forty-five days prior to issuing a recommendation for release under *RCW 10.77.595 , the secretary shall submit its recommendation with the committed person's application and the department's risk assessment to the public safety review panel. The public safety review panel shall complete an independent assessment of the public safety risk entailed by the secretary's proposed conditional release recommendation or release recommendation and provide this assessment in writing to the secretary. The public safety review panel may, within funds appropriated for this purpose, request additional evaluations of the committed person. The public safety review panel may indicate whether it is in agreement with the secretary's recommendation, or whether it would issue a different recommendation. The secretary shall provide the panel's assessment when it is received along with any supporting documentation, including all previous reports of evaluations of the committed person in the person's hospital record, to the court, prosecutor in the county that ordered the person's commitment, and counsel for the committed person. (4) The secretary shall notify the public safety review panel at appropriate intervals concerning any changes in the commitment or custody status of persons found not guilty by reason of insanity, or persons committed under the involuntary treatment act where the court has made a special finding under RCW 71.05.280 (3)(b). The panel shall have access, upon request, to a committed person's complete hospital record, and any other records deemed necessary by the public safety review panel. (5) The department shall provide administrative and financial support to the public safety review panel. The department, in consultation with the public safety review panel, may adopt rules to implement this section. (6) By December 1, 2014, the public safety review panel shall report to the appropriate legislative committees the following: (a) Whether the public safety review panel has observed a change in statewide consistency of evaluations and decisions concerning changes in the commitment status of persons found not guilty by reason of insanity; (b) Whether the public safety review panel should be given the authority to make release decisions and monitor release conditions; (c) Whether further changes in the law are necessary to enhance public safety when incompetency prevents operation of the criminal justice system and long-term commitment of the criminally insane; and (d) Any other issues the public safety review panel deems relevant.
RCW 10.96.010 — Washington Code / Title 10 / Chapter 96 / Section 010
RCW 10.96.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Adverse result" includes one or more of the following possible consequences: (a) Danger to the life or physical safety of an individual; (b) A flight from prosecution; (c) The destruction of, potential loss of, or tampering with evidence; (d) The intimidation of potential witnesses; (e) Jeopardy to an investigation or undue delay of a trial. (2) "Applicant" means a law enforcement officer, prosecuting attorney, deputy or special deputy prosecuting attorney, or defense attorney who is seeking criminal process under RCW 10.96.020 . (3) "Criminal process" means a search warrant or legal process issued pursuant to RCW 10.79.015 and CrR 2.3; any process issued pursuant to chapter 9.73 , 9A.82, 10.27, or 10.29 RCW; and any other legal process signed by a judge of the superior court and issued in a criminal matter which allows the search for or commands production of records that are in the actual or constructive possession of the recipient, regardless of whether the recipient or the records are physically located within the state. (4) "Defense attorney" means an attorney of record for a person charged with a crime when the attorney is seeking the issuance of criminal process for the defense of the criminal case. (5) "Properly served" means delivery by hand or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to the recipient addressee of criminal process. (6) "Recipient" means a person, as defined in RCW 9A.04.110 , or a business, as defined in RCW 5.45.010 , that has conducted business or engaged in transactions occurring at least in part in this state upon whom criminal process issued under this chapter is properly served.
RCW 10.58.080 — Washington Code / Title 10 / Chapter 58 / Section 080
RCW 10.58.080: View of place of crime permissible.
Status: in_force

The court may order a view by any jury impaneled to try a criminal case.
RCW 10.85.050 — Washington Code / Title 10 / Chapter 85 / Section 050
RCW 10.85.050: Payment of rewards.
Status: in_force

Whenever any reward has been offered by any county legislative authority, board of commissioners of a port district, or city or town governing body in the state under RCW 10.85.030 , the person or persons providing the information shall be entitled to the reward, and the county legislative authority, board of commissioners of a port district, or city or town governing body which has offered the reward is authorized to draw a warrant or warrants out of any money in the county, port district, or city or town treasury, as appropriate, not otherwise appropriated.
RCW 10.64.025 — Washington Code / Title 10 / Chapter 64 / Section 025
RCW 10.64.025: Detention of defendant.
Status: in_force

(1) A defendant who has been found guilty of a felony and is awaiting sentencing shall be detained unless the court finds by clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of any other person or the community if released. Any bail bond that was posted on behalf of a defendant shall, upon the defendant's conviction, be exonerated. (2) A defendant who has been found guilty of one of the following offenses shall be detained pending sentencing: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050 ); rape of a child in the first, second, or third degree (RCW 9A.44.073 , 9A.44.076 , and 9A.44.079 ); child molestation in the first, second, or third degree (RCW 9A.44.083 , 9A.44.086 , and 9A.44.089 ); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096 ); indecent liberties (RCW 9A.44.100 ); incest (RCW 9A.64.020 ); luring (RCW 9A.40.090 ); human trafficking in the first or second degree (RCW 9A.40.100 ); promoting commercial sexual abuse of a minor (RCW 9.68A.101 ); any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030 ; a felony violation of RCW 9.68A.090 ; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses.Whenever any person fails to respond to a notice of traffic infraction for a moving violation, fails to appear at a hearing for a moving violation, or fails to comply with the terms of a criminal complaint or criminal citation for a moving violation, the court with jurisdiction over the traffic infraction, or traffic-related criminal complaint or criminal citation[,] shall promptly give notice of such fact to the department of licensing. Whenever thereafter the case in which the defendant failed to appear or comply is adjudicated, the court hearing the case shall promptly file with the department a certificate showing that the case has been adjudicated. For the purposes of this section, "moving violation" is defined by rule pursuant to RCW 46.20.2891 .
RCW 10.73.120 — Washington Code / Title 10 / Chapter 73 / Section 120
RCW 10.73.120: Collateral attack—One year time limit—Duty of department of corrections to advise.
Status: in_force

As soon as practicable after July 23, 1989, the department of corrections shall attempt to advise the following persons of the time limit specified in RCW 10.73.090 and 10.73.100 : Every person who, on July 23, 1989, is serving a term of incarceration, probation, parole, or community supervision pursuant to conviction of a felony.
RCW 10.88.290 — Washington Code / Title 10 / Chapter 88 / Section 290
RCW 10.88.290: Rights of person arrested.
Status: in_force

No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him or her shall have appointed to receive him or her unless he or she shall first be taken forthwith before a judge of a court of record in this state, who shall inform him or her of the demand made for his or her surrender and of the crime with which he or she is charged, and that he or she has the right to demand and procure legal counsel; and if the prisoner or his or her counsel shall state that he or she or they desire to test the legality of his or her arrest, the judge of such court of record shall fix a reasonable time to be allowed him or her within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state: PROVIDED, That the hearing provided for in this section shall not be available except as may be constitutionally required if a hearing on the legality of arrest has been held pursuant to RCW 10.88.320 or 10.88.330 .
RCW 10.58.060 — Washington Code / Title 10 / Chapter 58 / Section 060
RCW 10.58.060: Ownership—Proof of.
Status: in_force

In the prosecution of any offense committed upon, or in relation to, or in any way affecting any real estate, or any offense committed in stealing, embezzling, destroying, injuring, or fraudulently receiving or concealing any money, goods, or other personal estate, it shall be sufficient, and shall not be deemed a variance, if it be proved on trial that at the time when such offense was committed, either the actual or constructive possession, or the general or special property in the whole, or any part of such real or personal estate, was in the person or community alleged in the indictment or other accusation to be the owner thereof.
RCW 10.97.110 — Washington Code / Title 10 / Chapter 97 / Section 110
RCW 10.97.110: Civil remedies—Criminal prosecution not affected.
Status: in_force

Any person may maintain an action to enjoin a continuance of any act or acts in violation of any of the provisions of this chapter, and if injured thereby, for the recovery of damages and for the recovery of reasonable attorneys' fees. If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this chapter, it shall enjoin the defendant from a continuance thereof, and it shall not be necessary that actual damages to the plaintiff be alleged or proved. In addition to such injunctive relief, the plaintiff in said action shall be entitled to recover from the defendant the amount of the actual damages, if any, sustained by him or her if actual damages to the plaintiff are alleged and proved. In any suit brought to enjoin a violation of this chapter, the prevailing party may be awarded reasonable attorneys' fees, including fees incurred upon appeal. Commencement, pendency, or conclusion of a civil action for injunction or damages shall not affect the liability of a person or agency to criminal prosecution for a violation of this chapter.
RCW 10.19.170 — Washington Code / Title 10 / Chapter 19 / Section 170
RCW 10.19.170: Violent offenders—Reasons for release without bail.
Status: in_force

Notwithstanding CrR 3.2, a court who releases a defendant arrested or charged with a violent offense as defined in RCW 9.94A.030 on the offender's personal recognizance or personal recognizance with conditions must state on the record the reasons why the court did not require the defendant to post bail.
RCW 10.77.510 — Washington Code / Title 10 / Chapter 77 / Section 510
RCW 10.77.510: Instructions to jury on special verdict.
Status: in_force

Whenever the issue of insanity is submitted to the jury, the court shall instruct the jury to return a special verdict in substantially the following form: answer yes or no 1. Did the defendant commit the act charged? . . . . . 2. If your answer to number 1 is yes, do you acquit him or her because of insanity existing at the time of the act charged? . . . . . 3. If your answer to number 2 is yes, is the defendant a substantial danger to other persons unless kept under further control by the court or other persons or institutions? . . . . . 4. If your answer to number 2 is yes, does the defendant present a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions? . . . . . 5. If your answers to either number 3 or number 4 is yes, is it in the best interests of the defendant and others that the defendant be placed in treatment that is less restrictive than detention in a state mental hospital? . . . . .
RCW 10.118.040 — Washington Code / Title 10 / Chapter 118 / Section 040
RCW 10.118.040: Competitive procurement.
Status: in_force

(1) Subject to the availability of amounts appropriated for this specific purpose, the office of the attorney general must engage in a competitive procurement to contract with an institution of higher education to implement the statewide use of force data program. The primary purpose of the contract is to develop a system for law enforcement agencies to report, collect, and publish the use of force data reports required in RCW 10.118.030 . (2) The request for proposal or other procurement method should encourage collaboration with other public and private institutions, businesses, and organizations with significant expertise and experience in collecting, tracking, and reporting data on law enforcement interactions with the public. (3) Members and representatives of entities participating in the advisory group established in section 3, chapter 326, Laws of 2021 may not participate or bid in the competitive procurement. (4) The advisory group, or designated members of the group, may participate in the procurement process through the development of the request for proposal and the review and evaluation of responsive bidders. (5) The contract must require the successful bidder to provide appropriate training to its staff and subcontractor staff, including training on racial equity issues.
RCW 10.99.901 — Washington Code / Title 10 / Chapter 99 / Section 901
RCW 10.99.901: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
Status: in_force

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
RCW 10.05.070 — Washington Code / Title 10 / Chapter 05 / Section 070
RCW 10.05.070: Arraignment when treatment rejected.
Status: in_force

When treatment is either not recommended or not approved by the judge, or the petitioner declines to accept the treatment plan, the petitioner shall be arraigned on the charge.
RCW 10.31.040 — Washington Code / Title 10 / Chapter 31 / Section 040
RCW 10.31.040: Officer may break and enter.
Status: in_force

(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.
RCW 10.99.033 — Washington Code / Title 10 / Chapter 99 / Section 033
RCW 10.99.033: Law enforcement officers—Training—Criminal justice training commission.
Status: in_force

(1) All training relating to the handling of domestic violence complaints by law enforcement officers must stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of the victim. Law enforcement agencies and community organizations with expertise in the issue of domestic violence shall cooperate in all aspects of such training. (2) The criminal justice training commission shall implement by July 28, 2019, a course of instruction for the training of law enforcement officers in Washington in the handling of domestic violence complaints. The basic law enforcement curriculum of the criminal justice training commission must include at least twenty hours of basic training instruction on the law enforcement response to domestic violence. The course of instruction, the learning and performance objectives, and the standards for the training must be developed by the commission and focus on enforcing the criminal laws, safety of the victim, and holding the perpetrator accountable for the violence. The curriculum must include training on the extent and prevalence of domestic violence, the importance of criminal justice intervention, techniques for responding to incidents that minimize the likelihood of officer injury and that promote victim safety, investigation and interviewing skills, evidence gathering and report writing, assistance to and services for victims and children, verification and enforcement of court orders, liability, and any additional provisions that are necessary to carry out the intention of this subsection. (3) The criminal justice training commission shall develop and update annually an in-service training program to familiarize law enforcement officers with domestic violence laws. The program must include techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of all parties. The commission shall make the training program available to all law enforcement agencies in the state. (4) Development of the training in subsections (2) and (3) of this section must be conducted in conjunction with agencies having a primary responsibility for serving victims of domestic violence with emergency shelter and other services, and representatives to the statewide organization providing training and education to these organizations and to the general public. (5) Subject to funds appropriated for this specific purpose: (a) The curriculum required in subsection (2) of this section must include trauma-informed investigation and interviewing skills, domestic violence homicide prevention, the intersection of firearms and domestic violence, best practices for serving and enforcing protection orders, and assistance to and services for victims and children; and (b) The in-service training program required in subsection (3) of this section must include training on domestic violence homicide prevention, the intersection of firearms and domestic violence, best practices for serving and enforcing protection orders, and assistance to and services for victims and children.
RCW 10.01.140 — Washington Code / Title 10 / Chapter 01 / Section 140
RCW 10.01.140: Mileage allowance—Jurors—Witnesses.
Status: in_force

No allowance of mileage shall be made to a juror or witness who has not verified his or her claim of mileage under oath before the clerk of the court on which he or she is in attendance.
RCW 10.97.045 — Washington Code / Title 10 / Chapter 97 / Section 045
RCW 10.97.045: Disposition data to initiating agency and state patrol.
Status: in_force

Whenever a court or other criminal justice agency reaches a disposition of a criminal proceeding, the court or other criminal justice agency shall furnish the disposition data to the agency initiating the criminal history record for that charge and to the identification section of the Washington state patrol as required under RCW 43.43.745 .
RCW 10.40.070 — Washington Code / Title 10 / Chapter 40 / Section 070
RCW 10.40.070: Motion to set aside indictment.
Status: in_force

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.
RCW 10.64.075 — Washington Code / Title 10 / Chapter 64 / Section 075
RCW 10.64.075: Breach of recognizance conditions.
Status: in_force

In case of the breach of the conditions of any such recognizance, the same proceedings shall be had that are by law prescribed in relation to recognizances to keep the peace.
RCW 10.122.180 — Washington Code / Title 10 / Chapter 122 / Section 180
RCW 10.122.180: No right to electronic recording or transcript.
Status: in_force

(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.
RCW 10.43.020 — Washington Code / Title 10 / Chapter 43 / Section 020
RCW 10.43.020: Offense embraces lower degree and included offenses.
Status: in_force

When the defendant has been convicted or acquitted upon an indictment or information of an offense consisting of different degrees, the conviction or acquittal shall be a bar to another indictment or information for the offense charged in the former, or for any lower degree of that offense, or for an offense necessarily included therein.
RCW 10.93.001 — Washington Code / Title 10 / Chapter 93 / Section 001
RCW 10.93.001: Short title—Legislative intent—Construction.
Status: in_force

(1) This chapter may be known and cited as the Washington mutual aid peace officer powers act of 1985. (2) It is the intent of the legislature that current artificial barriers to mutual aid and cooperative enforcement of the laws among general authority local, state, and federal agencies be modified pursuant to this chapter. (3) This chapter shall be liberally construed to effectuate the intent of the legislature to modify current restrictions upon the limited territorial and enforcement authority of general authority peace officers and to effectuate mutual aid among agencies. (4) The modification of territorial and enforcement authority of the various categories of peace officers covered by this chapter shall not create a duty to act in extraterritorial situations beyond any duty which may otherwise be imposed by law or which may be imposed by the primary commissioning agency.
RCW 10.46.070 — Washington Code / Title 10 / Chapter 46 / Section 070
RCW 10.46.070: Conduct of trial—Generally.
Status: in_force

The court shall decide all questions of law which shall arise in the course of the trial, and the trial shall be conducted in the same manner as in civil actions.
RCW 10.88.340 — Washington Code / Title 10 / Chapter 88 / Section 340
RCW 10.88.340: Preliminary examination—Commitment.
Status: in_force

If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under RCW 10.88.250 , that he or she has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him or her to the county jail for such a time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in RCW 10.88.350 , or until he or she shall be legally discharged.
RCW 10.88.360 — Washington Code / Title 10 / Chapter 88 / Section 360
RCW 10.88.360: Failure to make timely arrest or demand for extradition.
Status: in_force

If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or her or may recommit him or her for a further period not to exceed sixty days, or a judge or magistrate judge may again take bail for his or her appearance and surrender, as provided in RCW 10.88.350 , but within a period not to exceed sixty days after the date of such new bond: PROVIDED, That the governor may, except in cases in which the offense is punishable under laws of the demanding state by death or life imprisonment, deny a demand for extradition when such demand is not received by the governor before the expiration of one hundred twenty days from the date of arrest in this state of the alleged fugitive, in the absence of a showing of good cause for such delay.
RCW 10.37.080 — Washington Code / Title 10 / Chapter 37 / Section 080
RCW 10.37.080: Forgery—Description of instrument.
Status: in_force

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.
RCW 10.98.110 — Washington Code / Title 10 / Chapter 98 / Section 110
RCW 10.98.110: Tracking felony cases.
Status: in_force

(1) The department shall maintain records to track felony cases for convicted felons sentenced either to a term of confinement exceeding one year or ordered under the supervision of the department and felony cases under the jurisdiction of the department pursuant to interstate compact agreements. (2) Tracking shall begin at the time the department receives a judgment and sentence form from a prosecuting attorney and shall include the collection and updating of felons' criminal records from the time of sentencing through discharge. (3) The department of corrections shall collect information for tracking felons from its offices and from information provided by county clerks, the Washington state patrol *identification, child abuse, and criminal history section, the office of financial management, and any other public or private agency that provides services to help individuals complete their felony sentences.
RCW 10.89.010 — Washington Code / Title 10 / Chapter 89 / Section 010
RCW 10.89.010: Authority of foreign peace officer.
Status: in_force

Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that he or she is believed to have committed a felony in such other state or a violation of the laws of such other state relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while impaired, or reckless driving shall have the same authority to arrest and hold such person in custody as has any member of any duly organized state, county or municipal peace unit of this state, to arrest and hold in custody a person on the ground that he or she is believed to have committed a felony or a violation of the laws of such other state relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while impaired, or reckless driving in this state.
RCW 10.34.030 — Washington Code / Title 10 / Chapter 34 / Section 030
RCW 10.34.030: Escape—Retaking in foreign state—Extradition agents.
Status: in_force

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.
RCW 10.105.010 — Washington Code / Title 10 / Chapter 105 / Section 010
RCW 10.105.010: Seizure and forfeiture.
Status: in_force

(1) The following are subject to seizure and forfeiture and no property right exists in them: All personal property, including, but not limited to, any item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, security, or negotiable instrument, which has been or was actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of any felony, or which was furnished or was intended to be furnished by any person in the commission of, as a result of, or as compensation for the commission of, any felony, or which was acquired in whole or in part with proceeds traceable to the commission of a felony. No property may be forfeited under this section until after there has been a superior court conviction of the owner of the property for the felony in connection with which the property was employed, furnished, or acquired. A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if at the time the security interest was created, the secured party neither had knowledge of nor consented to the commission of the felony. (2) Personal property subject to forfeiture under this chapter may be seized by any law enforcement officer of this state upon process issued by any superior court having jurisdiction over the property. Seizure of personal property without process may be made if: (a) The seizure is incident to an arrest or a search under a search warrant; (b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding; (c) A law enforcement officer has probable cause to believe that the property is directly dangerous to health or safety; or (d) The law enforcement officer has probable cause to believe that the property was used or is intended to be used in the commission of a felony. (3) In the event of seizure pursuant to this section, proceedings for forfeiture shall be deemed commenced by the seizure. The law enforcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. The notice of seizure may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen day period following the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9A RCW, or a certificate of title shall be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title. (4) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1) of this section within forty-five days of the seizure, the item seized shall be deemed forfeited. (5) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized property within forty-five days of the seizure, the law enforcement agency shall give the person or persons a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020 (4), the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020 , within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the aggregate value of the property is within the jurisdictional limit set forth in RCW 3.66.020 . A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the property involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorney's fees. The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the property. The seizing law enforcement agency shall promptly return the property to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession of the property. (6) When property is forfeited under this chapter, after satisfying any court-ordered victim restitution, the seizing law enforcement agency may: (a) Retain it for official use or upon application by any law enforcement agency of this state release such property to such agency for the exclusive use of enforcing the criminal law; (b) Sell that which is not required to be destroyed by law and which is not harmful to the public. (7) By January 31st of each year, each seizing agency shall remit to the state an amount equal to ten percent of the net proceeds of any property forfeited during the preceding calendar year for deposit into the *behavioral health loan repayment program account created in RCW 28B.115.135 through June 30, 2027, and into the state general fund thereafter. (a) The net proceeds of forfeited property is the value of the forfeitable interest in the property after deducting the cost of satisfying any bona fide security interest to which the property is subject at the time of seizure; and in the case of sold property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents. (b) The value of sold forfeited property is the sale price. The value of retained forfeited property is the fair market value of the property at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of licensing for valuation of motor vehicles. A seizing agency may use, but need not use, an independent qualified appraiser to determine the value of retained property. If an appraiser is used, the value of the property appraised is net of the cost of the appraisal. The value of destroyed property and retained firearms or illegal property is zero. (c) Retained property and net proceeds not required to be remitted to the state, or otherwise required to be spent under this section, shall be retained by the seizing law enforcement agency exclusively for the expansion and improvement of law enforcement activity. Money retained under this section may not be used to supplant preexisting funding sources.
RCW 10.58.038 — Washington Code / Title 10 / Chapter 58 / Section 038
RCW 10.58.038: Polygraph examinations—Victims of alleged sex offenses.
Status: in_force

A law enforcement officer, prosecuting attorney, or other government official may not ask or require a victim of an alleged sex offense to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of the offense. The refusal of a victim to submit to a polygraph examination or other truth telling device shall not by itself prevent the investigation, charging, or prosecution of the offense. For the purposes of this section, "sex offense" is any offense under chapter 9A.44 RCW.
RCW 10.122.080 — Washington Code / Title 10 / Chapter 122 / Section 080
RCW 10.122.080: Exception based on belief recording not required.
Status: in_force

(1) A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if the interrogation occurs when no law enforcement officer conducting the interrogation has knowledge of facts and circumstances that would lead an officer reasonably to believe that the individual being interrogated may have committed an act for which RCW 10.122.030 requires that a custodial interrogation be recorded electronically. (2) If, during a custodial interrogation under subsection (1) of this section, the individual being interrogated reveals facts and circumstances giving a law enforcement officer conducting the interrogation reason to believe that an act has been committed for which RCW 10.122.030 requires that a custodial interrogation be recorded electronically, continued custodial interrogation concerning that act must be recorded electronically, if feasible.
RCW 10.32.050 — Washington Code / Title 10 / Chapter 32 / Section 050
RCW 10.32.050: Tribal fugitive—Criminal prosecution pending.
Status: in_force

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.
RCW 10.97.050 — Washington Code / Title 10 / Chapter 97 / Section 050
RCW 10.97.050: Restricted, unrestricted information—Records.
Status: in_force

*** CHANGE IN 2026 *** (SEE 6011.SL ) ***

(1) Conviction records may be disseminated without restriction. (2) Any criminal history record information which pertains to an incident that occurred within the last twelve months for which a person is currently being processed by the criminal justice system, including the entire period of correctional supervision extending through final discharge from parole, when applicable, may be disseminated without restriction. (3) Criminal history record information which includes nonconviction data may be disseminated by a criminal justice agency to another criminal justice agency for any purpose associated with the administration of criminal justice, or in connection with the employment of the subject of the record by a criminal justice or juvenile justice agency, except as provided under RCW 13.50.260 . A criminal justice agency may respond to any inquiry from another criminal justice agency without any obligation to ascertain the purpose for which the information is to be used by the agency making the inquiry. (4) Criminal history record information which includes nonconviction data may be disseminated by a criminal justice agency to implement a statute, ordinance, executive order, or a court rule, decision, or order which expressly refers to records of arrest, charges, or allegations of criminal conduct or other nonconviction data and authorizes or directs that it be available or accessible for a specific purpose. (5) Criminal history record information which includes nonconviction data may be disseminated to individuals and agencies pursuant to a contract with a criminal justice agency to provide services related to the administration of criminal justice. Such contract must specifically authorize access to criminal history record information, but need not specifically state that access to nonconviction data is included. The agreement must limit the use of the criminal history record information to stated purposes and insure the confidentiality and security of the information consistent with state law and any applicable federal statutes and regulations. (6) Criminal history record information which includes nonconviction data may be disseminated to individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency. Such agreement must authorize the access to nonconviction data, limit the use of that information which identifies specific individuals to research, evaluative, or statistical purposes, and contain provisions giving notice to the person or organization to which the records are disseminated that the use of information obtained therefrom and further dissemination of such information are subject to the provisions of this chapter and applicable federal statutes and regulations, which shall be cited with express reference to the penalties provided for a violation thereof. (7) Criminal history record information that includes nonconviction data may be disseminated to the state auditor solely for the express purpose of conducting a process compliance audit procedure and review of any deadly force investigation pursuant to RCW 43.101.460 . Dissemination or use of nonconviction data for purposes other than authorized in this subsection is prohibited. (8) Criminal history record information that includes nonconviction data may be disseminated to bailiffs of the supreme court solely for the express purpose of investigations under RCW 2.04.260 . Dissemination or use of nonconviction data for purposes other than authorized in this subsection is prohibited. (9) Every criminal justice agency that maintains and disseminates criminal history record information must maintain information pertaining to every dissemination of criminal history record information except a dissemination to the effect that the agency has no record concerning an individual. Information pertaining to disseminations shall include: (a) An indication of to whom (agency or person) criminal history record information was disseminated; (b) The date on which the information was disseminated; (c) The individual to whom the information relates; and (d) A brief description of the information disseminated. The information pertaining to dissemination required to be maintained shall be retained for a period of not less than one year. (10) In addition to the other provisions in this section allowing dissemination of criminal history record information, RCW 4.24.550 governs dissemination of information concerning offenders who commit sex offenses as defined by RCW 9.94A.030 . Criminal justice agencies, their employees, and officials shall be immune from civil liability for dissemination on criminal history record information concerning sex offenders as provided in RCW 4.24.550 .
RCW 10.66.005 — Washington Code / Title 10 / Chapter 66 / Section 005
RCW 10.66.005: Findings.
Status: in_force

The legislature finds that drug abuse is escalating at an alarming rate. New protections need to be established to address this drug crisis which is threatening every stratum of our society. Prohibiting known drug traffickers from frequenting areas for continuous drug activity is one means of addressing this pervasive problem.
RCW 10.29.120 — Washington Code / Title 10 / Chapter 29 / Section 120
RCW 10.29.120: Advising county prosecuting attorney—Filing and prosecution of informations—Expenses of prosecutions.
Status: in_force

(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 .
RCW 10.40.075 — Washington Code / Title 10 / Chapter 40 / Section 075
RCW 10.40.075: Motion to set aside indictment—Grounds not allowed, when.
Status: in_force

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.
RCW 10.79.040 — Washington Code / Title 10 / Chapter 79 / Section 040
RCW 10.79.040: Search without warrant unlawful—Penalty.
Status: in_force

(1) It shall be unlawful for any police officer or other peace officer to enter and search any private dwelling house or place of residence without the authority of a search warrant issued upon a complaint as by law provided. (2) Any police officer or other peace officer violating the provisions of this section is guilty of a gross misdemeanor.
RCW 10.110.040 — Washington Code / Title 10 / Chapter 110 / Section 040
RCW 10.110.040: Treatment in hospital emergency department.
Status: in_force

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 consideration best triage practices and federal and state legal obligations regarding appropriate screening and treatment of patients.
RCW 10.88.300 — Washington Code / Title 10 / Chapter 88 / Section 300
RCW 10.88.300: Delivery of person in violation of RCW 10.88.290—Penalty.
Status: in_force

Any officer who shall deliver to the agent for extradition of the demanding state a person in his or her custody under the governor's warrant, in wilful [willful] disobedience to RCW 10.88.290 , shall be guilty of a gross misdemeanor and, on conviction, shall be imprisoned in the county jail for up to three hundred sixty-four days, or be fined not more than one thousand dollars, or both.
RCW 10.93.150 — Washington Code / Title 10 / Chapter 93 / Section 150
RCW 10.93.150: Law enforcement disciplinary actions—Potential impeachment list.
Status: in_force

A disciplinary action or any other adverse personnel action may not be undertaken by a law enforcement agency against a peace officer solely because that officer's name has been placed on a list maintained by a prosecuting attorney's office of recurring witnesses for whom there is known potential impeachment information, or that the officer's name may otherwise be subject to disclosure pursuant to Brady v. Maryland , 373 U.S. 83 (1963). This section does not prohibit a law enforcement agency from taking disciplinary action or any other adverse personnel action against a peace officer based on the underlying acts or omissions for which that officer's name was placed on a prosecutor-maintained list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland , 373 U.S. 83 (1963), if the actions taken by the law enforcement agency otherwise conform to the rules and procedures adopted by the law enforcement agency as determined through collective bargaining.
RCW 10.21.900 — Washington Code / Title 10 / Chapter 21 / Section 900
RCW 10.21.900: Construction of chapter.
Status: in_force

Nothing in this chapter may be construed as modifying or limiting the presumption of innocence.
RCW 10.110.060 — Washington Code / Title 10 / Chapter 110 / Section 060
RCW 10.110.060: No changes to standard of care—Restraints on pregnant women or youth.
Status: in_force

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.
RCW 10.122.160 — Washington Code / Title 10 / Chapter 122 / Section 160
RCW 10.122.160: Limitation of liability.
Status: in_force

(1) A law enforcement agency that is a governmental entity in this state which has implemented procedures reasonably designed to enforce the rules adopted pursuant to RCW 10.122.150 and ensure compliance with this chapter is not subject to civil liability for damages arising from a violation of this chapter. (2) This chapter does not create a right of action against a law enforcement officer.
RCW 10.99.030 — Washington Code / Title 10 / Chapter 99 / Section 030
RCW 10.99.030: Peace officers—Powers and duties.
Status: in_force

(1) The primary duty of peace officers, when responding to a domestic violence situation, is to enforce the laws allegedly violated and to protect the complaining party. (2)(a) When a peace officer responds to a domestic violence call and has probable cause to believe that a crime has been committed, the peace officer shall exercise arrest powers with reference to the criteria in RCW 10.31.100 . The officer shall notify the victim of the victim's right to initiate a criminal proceeding in all cases where the officer has not exercised arrest powers or decided to initiate criminal proceedings by citation or otherwise. The parties in such cases shall also be advised of the importance of preserving evidence. (b) A peace officer responding to a domestic violence call shall take a complete offense report including the officer's disposition of the case. (3)(a) A peace officer who responds to a domestic violence call and has probable cause to believe that a crime has been committed shall: (i) Seize all firearms and ammunition the peace officer has reasonable grounds to believe were used or threatened to be used in the commission of the offense; (ii) Seize all firearms in plain sight or discovered pursuant to a lawful search; and (iii) Request consent to take temporary custody of any other firearms and ammunition to which the alleged abuser has access until a judicial officer has heard the matter. (b) The peace officer shall separate the parties and then inquire of the victim: (i) If there are any firearms or ammunition in the home that are owned or possessed by either party; (ii) if the alleged abuser has access to any other firearms located off-site; and (iii) whether the alleged abuser has an active concealed pistol license, so that there is a complete record for future court proceedings. The inquiry should make clear to the victim that the peace officer is not asking only about whether a firearm was used at the time of the incident but also under other circumstances, such as whether the alleged abuser has kept a firearm in plain sight in a manner that is coercive, has threatened use of firearms in the past, or has additional firearms in a vehicle or other location. Law enforcement personnel may use a pictorial display of common firearms to assist the victim in identifying firearms. (c) The peace officer shall document all information about firearms and concealed pistol licenses in the incident report. The incident report must be coded to indicate the presence of or access to firearms so that personal recognizance screeners, prosecutors, and judicial officers address the heightened risk to victim, family, and peace officer safety due to the alleged abuser's access to firearms. (d) A law enforcement agency shall comply with the provisions of RCW 9.41.340 and 9.41.345 before the return of any firearm or ammunition seized under this subsection to the owner or individual from who the firearm or ammunition was obtained. (4) When a peace officer responds to a domestic violence call: (a) The officer shall advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community, and giving each person immediate notice of the legal rights and remedies available. The notice shall include handing each person a copy of the following statement: "IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county prosecuting attorney to file a criminal complaint. You also have the right to file a petition in superior, district, or municipal court requesting an order for protection from domestic abuse which could include any of the following: (a) An order restraining your abuser from further acts of abuse; (b) an order directing your abuser to leave your household; (c) an order preventing your abuser from entering your residence, school, business, or place of employment; (d) an order awarding you or the other parent custody of or visitation with your minor child or children; (e) an order restraining your abuser from molesting or interfering with minor children in your custody; and (f) an order requiring your abuser to turn in any firearms and concealed pistol license in the abuser's possession or control to law enforcement and prohibiting the abuser from possessing or accessing firearms or a concealed pistol license for the duration of the civil order. The forms you need to obtain a protection order are available in any municipal, district, or superior court. Information about shelters and alternatives to domestic violence is available from a statewide twenty-four-hour toll-free hotline at (include appropriate phone number). The battered women's shelter and other resources in your area are . . . . . (include local information)"; and (b) The officer is encouraged to inform victims that information on traumatic brain injury can be found on the statewide website developed under RCW 74.31.070 . (5) The peace officer may offer, arrange, or facilitate transportation for the victim to a hospital for treatment of injuries or to a place of safety or shelter. (6) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 , or units of local government and its employees, as provided in RCW 36.28A.010 , are immune from civil liability for damages arising out of the seizure or lack of seizure of a firearm, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith.
RCW 10.37.050 — Washington Code / Title 10 / Chapter 37 / Section 050
RCW 10.37.050: Indictment or information—Sufficiency.
Status: in_force

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.
RCW 10.96.040 — Washington Code / Title 10 / Chapter 96 / Section 040
RCW 10.96.040: Service of process issued by or in another state.
Status: in_force

(1) A Washington recipient, when served with process that was issued by or in another state that on its face purports to be valid criminal process, shall comply with that process as if that process had been issued by a Washington court if the criminal process includes an attestation, made under penalty of perjury, stating that such process does not relate to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington. Any false attestation submitted under this section is subject to a statutory penalty of $10,000 per violation. Submission of such attestation subjects the attester to the jurisdiction of the courts of Washington state for any suit, penalty, or damages arising out of a false attestation under this section. (2) A Washington recipient shall not be required to comply with a criminal process issued by or in another state that is related to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington.
RCW 10.79.130 — Washington Code / Title 10 / Chapter 79 / Section 130
RCW 10.79.130: Strip, body cavity searches—Warrant required—Exceptions.
Status: in_force

(1) No person to whom this section is made applicable by RCW 10.79.120 may be strip searched without a warrant unless: (a) There is a reasonable suspicion to believe that a strip search is necessary to discover weapons, criminal evidence, contraband, or other thing concealed on the body of the person to be searched, that constitutes a threat to the security of a holding, detention, or local correctional facility; (b) There is probable cause to believe that a strip search is necessary to discover other criminal evidence concealed on the body of the person to be searched, but not constituting a threat to facility security; or (c) There is a reasonable suspicion to believe that a strip search is necessary to discover a health condition requiring immediate medical attention. (2) For the purposes of subsection (1) of this section, a reasonable suspicion is deemed to be present when the person to be searched has been arrested for: (a) A violent offense as defined in RCW 9.94A.030 or any successor statute; (b) An offense involving escape, burglary, or the use of a deadly weapon; or (c) An offense involving possession of a drug or controlled substance under chapter 69.41 , 69.50, or 69.52 RCW or any successor statute.
RCW 10.79.160 — Washington Code / Title 10 / Chapter 79 / Section 160
RCW 10.79.160: Strip, body cavity searches—Physical examinations for public health purposes excluded.
Status: in_force

Physical examinations conducted by licensed medical professionals solely for public health purposes under separate statutory authority shall not be considered searches for purposes of RCW 10.79.120 , 10.79.130 , and 10.79.140 .
RCW 10.89.040 — Washington Code / Title 10 / Chapter 89 / Section 040
RCW 10.89.040: "State" includes District of Columbia.
Status: in_force

For the purpose of this chapter the word "state" shall include the District of Columbia.
RCW 10.52.060 — Washington Code / Title 10 / Chapter 52 / Section 060
RCW 10.52.060: Confrontation of witnesses.
Status: in_force

Every person accused of crime shall have the right to meet the witnesses produced against him or her face to face: PROVIDED, That whenever any witness whose deposition shall have been taken pursuant to law by a magistrate, in the presence of the defendant and his or her counsel, shall be absent, and cannot be found when required to testify upon any trial or hearing, so much of such deposition as the court shall deem admissible and competent shall be admitted and read as evidence in such case.
RCW 10.27.110 — Washington Code / Title 10 / Chapter 27 / Section 110
RCW 10.27.110: Duration of sessions—Extensions.
Status: in_force

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 10.01.240 — Washington Code / Title 10 / Chapter 01 / Section 240
RCW 10.01.240: Domestic violence proceedings—Duty to specify whether intimate partners or family or household members.
Status: in_force

Whenever a prosecutor, or the attorney general or assistants acting pursuant to RCW 10.01.190 , institutes or conducts a criminal proceeding involving domestic violence as defined in RCW 10.99.020 , the prosecutor, or attorney general or assistants, shall specify whether the victim and defendant are intimate partners or family or household members within the meaning of RCW 7.105.010 .
RCW 10.93.030 — Washington Code / Title 10 / Chapter 93 / Section 030
RCW 10.93.030: Reporting use of authority under this chapter.
Status: in_force

The circumstances surrounding any actual exercise of peace officer authority under this chapter shall be timely reported, after the fact, to the Washington law enforcement agency with primary territorial jurisdiction and shall be subject to any reasonable reporting procedure which may be established by such agency.
RCW 10.99.060 — Washington Code / Title 10 / Chapter 99 / Section 060
RCW 10.99.060: Prosecutor's notice to victim—Description of available procedures.
Status: in_force

The public attorney responsible for making the decision whether or not to prosecute shall advise the victim of that decision within five days, and, prior to making that decision shall advise the victim, upon the victim's request, of the status of the case. Notification to the victim that charges will not be filed shall include a description of the procedures available to the victim in that jurisdiction to initiate a criminal proceeding.
RCW 10.37.054 — Washington Code / Title 10 / Chapter 37 / Section 054
RCW 10.37.054: Indictment or information—Certainty.
Status: in_force

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.
RCW 10.99.100 — Washington Code / Title 10 / Chapter 99 / Section 100
RCW 10.99.100: Sentencing—Factors—Defendant's criminal history.
Status: in_force

(1) In sentencing for a crime of domestic violence as defined in this chapter, courts of limited jurisdiction shall consider, among other factors, whether: (a) The defendant suffered a continuing pattern of coercion, control, or abuse by the victim of the offense and the offense is a response to that coercion, control, or abuse; (b) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of a victim or multiple victims manifested by multiple incidents over a prolonged period of time; and (c) The offense occurred within sight or sound of the victim's or the offender's minor children under the age of eighteen years. (2)(a) In sentencing for a crime of domestic violence as defined in this chapter, the prosecutor shall provide for the court's review: (i) The defendant's criminal history, if any, that occurred in Washington or any other state; (ii) If available, the defendant's prior criminal history that occurred in any tribal jurisdiction; and (iii) The defendant's individual order history. (b) For the purposes of (a) of this subsection, criminal history includes all previous convictions and orders of deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the period specified in (c) of this subsection before the date of sentencing. (c) The periods applicable to previous convictions and orders of deferred prosecution are: (i) One working day, in the case of previous actions of courts that fully participate in the state judicial information system; and (ii) Seven calendar days, in the case of previous actions of courts that do not fully participate in the judicial information system. For the purposes of this subsection, "fully participate" means regularly providing records to and receiving records from the system by electronic means on a daily basis.
RCW 10.05.140 — Washington Code / Title 10 / Chapter 05 / Section 140
RCW 10.05.140: Conditions of granting.
Status: in_force

(1) As a condition of granting a deferred prosecution petition, the court shall order that the petitioner shall not operate a motor vehicle upon the public highways without a valid operator's license and proof of liability insurance. The amount of liability insurance shall be established by the court at not less than that established by RCW 46.29.490 . As a condition of granting a deferred prosecution petition on any alcohol-dependency based case, the court shall also order the installation of an ignition interlock under RCW 46.20.720 . The required periods of use of the interlock shall be not less than the periods provided for in RCW 46.20.720 . As a condition of granting a deferred prosecution petition, the court may order the petitioner to make restitution and to pay costs as defined in RCW 10.01.160 . To help ensure continued sobriety and reduce the likelihood of reoffense, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. The court may terminate the deferred prosecution program upon violation of the deferred prosecution order. (2) As a condition of granting a deferred prosecution petition for a case involving a domestic violence behavior problem: (a) The court shall order the petitioner not to possess firearms and order the petitioner to surrender firearms under RCW 9.41.800 ; and (b) The court may order the petitioner to make restitution and to pay costs as defined in RCW 10.01.160 . In addition, to help ensure continued sobriety and reduce the likelihood of reoffense in co-occurring domestic violence and substance abuse or mental health cases, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. The court may terminate the deferred prosecution program upon violation of the deferred prosecution order.
RCW 10.77.225 — Washington Code / Title 10 / Chapter 77 / Section 225
RCW 10.77.225: Furlough—Notice—Temporary restraining order.
Status: in_force

(1) Before a person committed under this chapter is permitted temporarily to leave a treatment facility for any period of time without constant accompaniment by facility staff, the superintendent, professional person in charge of a treatment facility, or his or her professional designee shall in writing notify the prosecuting attorney of any county to which the person is released and the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the decision conditionally to release the person. The notice shall be provided at least forty-five days before the anticipated release and shall describe the conditions under which the release is to occur. (2) In addition to the notice required by subsection (1) of this section, the superintendent of each state institution designated for the custody, care, and treatment of persons committed under this chapter shall notify appropriate law enforcement agencies through the state patrol communications network of the furloughs of persons committed under *RCW 10.77.645 or 10.77.530 . Notification shall be made at least thirty days before the furlough, and shall include the name of the person, the place to which the person has permission to go, and the dates and times during which the person will be on furlough. (3) Upon receiving notice that a person committed under this chapter is being temporarily released under subsection (1) of this section, the prosecuting attorney may seek a temporary restraining order to prevent the release of the person on the grounds that the person is dangerous to self or others. (4) The notice requirements contained in this section shall not apply to emergency medical furloughs. (5) The existence of the notice requirements contained in this section shall not require any extension of the release date in the event the release plan changes after notification. (6) The notice provisions of this section are in addition to those provided in *RCW 10.77.325 .
RCW 10.118.020 — Washington Code / Title 10 / Chapter 118 / Section 020
RCW 10.118.020: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Contractor" means the institution of higher education contracted with the office of the attorney general to implement the statewide use of force data program as provided in this chapter. (2) "Great bodily harm" has the same meaning as in RCW 9A.04.110 . (3) "Institution of higher education" has the same meaning as in RCW 28B.92.030 . (4) "Law enforcement agency" or "agency" means any general authority Washington law enforcement agency and limited authority Washington law enforcement agency as those terms are defined in RCW 10.93.020 . (5) "Substantial bodily harm" has the same meaning as in RCW 9A.04.110 .
RCW 10.27.040 — Washington Code / Title 10 / Chapter 27 / Section 040
RCW 10.27.040: Selection of grand jury members.
Status: in_force

Members of the grand jury shall be selected in the manner provided in chapter 2.36 RCW.
RCW 10.122.200 — Washington Code / Title 10 / Chapter 122 / Section 200
RCW 10.122.200: Relation to electronic signatures in global and national commerce act.
Status: in_force

This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
RCW 10.77.400 — Washington Code / Title 10 / Chapter 77 / Section 400
RCW 10.77.400: Plea of not guilty due to insanity—Doubt as to competency—Evaluation—Bail—Report—Competency to stand trial status check.
Status: in_force

(1)(a) Whenever a defendant has pleaded not guilty by reason of insanity, the court on its own motion or on the motion of any party shall either appoint or request the secretary to designate a qualified expert or professional person, who shall be approved by the prosecuting attorney, to evaluate and report upon the mental condition of the defendant. (b)(i) Whenever there is a doubt as to competency, the court on its own motion or on the motion of any party shall first review the allegations of incompetency. The court shall make a determination of whether sufficient facts have been provided to form a genuine doubt as to competency based on information provided by counsel, judicial colloquy, or direct observation of the defendant. If a genuine doubt as to competency exists, the court shall either appoint or request the secretary to designate a qualified expert or professional person, who shall be approved by the prosecuting attorney, to evaluate and report upon the mental condition of the defendant. (ii) Nothing in this subsection (1)(b) is intended to require a waiver of attorney-client privilege. Defense counsel may meet the requirements under this subsection (1)(b) by filing a declaration stating that they have reason to believe that a competency evaluation is necessary, and stating the basis on which the defendant is believed to be incompetent. (c) The signed order of the court shall serve as authority for the evaluator to be given access to all records held by any mental health, medical, long-term services or supports, educational, or correctional facility that relate to the present or past mental, emotional, or physical condition of the defendant. If the court is advised by any party that the defendant may have a developmental disability, the evaluation must be performed by a developmental disabilities professional and the evaluator shall have access to records of the developmental disabilities administration of the department. If the court is advised by any party that the defendant may have dementia or another relevant neurocognitive disorder, the evaluator shall have access to records of the aging and long-term support administration of the department. (d) The evaluator shall assess the defendant in a jail, detention facility, in the community, or in court to determine whether a period of inpatient commitment will be necessary to complete an accurate evaluation. If inpatient commitment is needed, the signed order of the court shall serve as authority for the evaluator to request the jail or detention facility to transport the defendant to a hospital or secure mental health facility for a period of commitment not to exceed fifteen days from the time of admission to the facility. Otherwise, the evaluator shall complete the evaluation. (e) The court may commit the defendant for evaluation to a hospital or secure mental health facility without an assessment if: (i) The defendant is charged with murder in the first or second degree; (ii) the court finds that it is more likely than not that an evaluation in the jail will be inadequate to complete an accurate evaluation; or (iii) the court finds that an evaluation outside the jail setting is necessary for the health, safety, or welfare of the defendant. The court shall not order an initial inpatient evaluation for any purpose other than a competency evaluation. (f) The order shall indicate whether, in the event the defendant is committed to a hospital or secure mental health facility for evaluation, all parties agree to waive the presence of the defendant or to the defendant's remote participation at a subsequent competency hearing or presentation of an agreed order if the recommendation of the evaluator is for continuation of the stay of criminal proceedings, or if the opinion of the evaluator is that the defendant remains incompetent and there is no remaining restoration period, and the hearing is held prior to the expiration of the authorized commitment period. (g) When a defendant is ordered to be evaluated under this subsection (1), or when a party or the court determines at first appearance that an order for evaluation under this subsection will be requested or ordered if charges are pursued, the court may delay granting bail until the defendant has been evaluated for competency or sanity and appears before the court. Following the evaluation, in determining bail the court shall consider: (i) Recommendations of the evaluator regarding the defendant's competency, sanity, or diminished capacity; (ii) whether the defendant has a recent history of one or more violent acts; (iii) whether the defendant has previously been acquitted by reason of insanity or found incompetent; (iv) whether it is reasonably likely the defendant will fail to appear for a future court hearing; and (v) whether the defendant is a threat to public safety. (h) If the defendant ordered to be evaluated under this subsection (1) is charged with a serious traffic offense under RCW 9.94A.030 , or a felony version of a serious traffic offense, the prosecutor may make a motion to modify the defendant's conditions of release to include a condition prohibiting the defendant from driving during the pendency of the competency evaluation period. (2) The court may direct that a qualified expert or professional person retained by or appointed for the defendant be permitted to witness the evaluation authorized by subsection (1) of this section, and that the defendant shall have access to all information obtained by the court appointed experts or professional persons. The defendant's expert or professional person shall have the right to file his or her own report following the guidelines of subsection (3) of this section. If the defendant is indigent, the court shall upon the request of the defendant assist him or her in obtaining an expert or professional person. (3) The report of the evaluation shall include the following: (a) A description of the nature of the evaluation; (b) A diagnosis or description of the current mental status of the defendant; (c) If the defendant has a mental disease or defect, or has a developmental disability, an opinion as to competency; (d) If the defendant has indicated his or her intention to rely on the defense of insanity pursuant to *RCW 10.77.505 , and an evaluation and report by an expert or professional person has been provided concluding that the defendant was criminally insane at the time of the alleged offense, an opinion as to the defendant's sanity at the time of the act, and an opinion as to whether the defendant presents a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions, provided that no opinion shall be rendered under this subsection (3)(d) unless the evaluator or court determines that the defendant is competent to stand trial; (e) When directed by the court, if an evaluation and report by an expert or professional person has been provided concluding that the defendant lacked the capacity at the time of the offense to form the mental state necessary to commit the charged offense, an opinion as to the capacity of the defendant to have a particular state of mind which is an element of the offense charged; (f) An opinion as to whether the defendant should be evaluated by a designated crisis responder under chapter 71.05 RCW. (4) The secretary may execute such agreements as appropriate and necessary to implement this section and may choose to designate more than one evaluator. (5) In the event that a person remains in jail more than 21 days after service on the department of a court order to transport the person to a facility designated by the department for inpatient competency restoration treatment, upon the request of any party and with notice to all parties, the department shall perform a competency to stand trial status check to determine if the circumstances of the person have changed such that the court should authorize an updated competency evaluation. The status update shall be provided to the parties and the court. Status updates may be provided at reasonable intervals. (6) If a finding of the competency evaluation under this section or under *RCW 10.77.635 is that the individual is not competent due to an intellectual or developmental disability, dementia, or traumatic brain injury, the evaluator shall notify the department, which shall refer the individual to the developmental disabilities administration or the aging and long-term support administration of the department for review of eligibility for services. The department shall inform the forensic navigator about availability of services. (7) If the expert or professional person appointed to perform a competency evaluation in the community is not able to complete the evaluation after two attempts at scheduling with the defendant, the department shall submit a report to the court and parties and include a date and time for another evaluation which must be at least four weeks later. The court shall provide notice to the defendant of the date and time of the evaluation. If the defendant fails to appear at that appointment, the court shall recall the order for competency evaluation and may issue a warrant for the failure to appear.
RCW 10.19.105 — Washington Code / Title 10 / Chapter 19 / Section 105
RCW 10.19.105: Forfeiture judgment vacated on defendant's production—When.
Status: in_force

If a bond be given and execution stayed, as provided in RCW 10.19.100 , and the person for whose appearance such recognizance was given shall be produced in court before the expiration of said period of sixty days, the judge may vacate such judgment upon such terms as may be just and equitable, otherwise execution shall forthwith issue as well against the sureties in the new bond as against the judgment debtors.
RCW 10.64.100 — Washington Code / Title 10 / Chapter 64 / Section 100
RCW 10.64.100: Final record—What to contain.
Status: in_force

The clerk of the court shall make a final record of all the proceedings in a criminal prosecution within six months after the same shall have been decided, which shall contain a copy of the minutes of the challenge to the panel of the grand jury, the indictment or information, journal entries, pleadings, minutes of challenges to panel of petit jurors, judgment, orders, or decision, and bill of exceptions.
RCW 10.108.010 — Washington Code / Title 10 / Chapter 108 / Section 010
RCW 10.108.010: Declaration.
Status: in_force

There is currently no system in place in Washington state to expedite the apprehension of violent criminals who seriously injure or kill local, state, or federal law enforcement officers. Other states have adopted blue alert systems to achieve this objective. The legislature declares that it is necessary to create a statewide blue alert system to speed the apprehension of violent criminals who kill or seriously injure local, state, or federal law enforcement officers.
RCW 10.77.103 — Washington Code / Title 10 / Chapter 77 / Section 103
RCW 10.77.103: Rights of person under this chapter.
Status: in_force

(1) At any and all stages of the proceedings pursuant to this chapter, any person subject to the provisions of this chapter shall be entitled to the assistance of counsel, and if the person is indigent the court shall appoint counsel to assist him or her. Prior to acquittal by reason of insanity under this chapter, the court shall appoint counsel administered by the county where the criminal charges are filed. At the time an indigent individual is acquitted by reason of insanity and is committed to state psychiatric care, the court shall immediately notify the Washington state office of public defense of the need for representation during the term of commitment. The office of public defense shall provide counsel to represent the person throughout the term of commitment, including during any period of conditional release, until legal termination of commitment and final unconditional release, as provided in chapter 2.70 RCW. (2) A person may waive his or her right to counsel; but such waiver shall only be effective if a court makes a specific finding that he or she is or was competent to so waive. In making such findings, the court shall be guided but not limited by the following standards: Whether the person attempting to waive the assistance of counsel, does so understanding: (a) The nature of the charges; (b) The statutory offense included within them; (c) The range of allowable punishments thereunder; (d) Possible defenses to the charges and circumstances in mitigation thereof; and (e) All other facts essential to a broad understanding of the whole matter. (3) Whenever any person is subjected to an examination pursuant to any provision of this chapter, he or she may retain an expert or professional person to perform an examination in his or her behalf. In the case of a person who is indigent, the court shall upon his or her request assist the person in obtaining an expert or professional person to perform an examination or participate in the hearing on his or her behalf. An expert or professional person obtained by an indigent person pursuant to the provisions of this chapter shall be compensated for his or her services out of funds of the department, in an amount determined by the secretary to be fair and reasonable, except that an expert or professional person obtained by a person who is committed following acquittal by reason of insanity and committed to state psychiatric care shall be compensated out of funds of the office of public defense as provided in policies and procedures under chapter 2.70 RCW, in a manner consistent with the rules of professional conduct and the standards for indigent defense. (4) Any time the defendant is being examined by court appointed experts or professional persons pursuant to the provisions of this chapter, the defendant shall be entitled to have his or her attorney present. (5) In a competency evaluation conducted under this chapter, the defendant may refuse to answer any question if he or she believes his or her answers may tend to incriminate him or her or form links leading to evidence of an incriminating nature. (6) In a sanity evaluation conducted under this chapter, if a defendant refuses to answer questions or to participate in an examination conducted in response to the defendant's assertion of an insanity defense, the court shall exclude from evidence at trial any testimony or evidence from any expert or professional person obtained or retained by the defendant.
RCW 10.82.025 — Washington Code / Title 10 / Chapter 82 / Section 025
RCW 10.82.025: Effect of recognizance—Execution of judgment after sixty days.
Status: in_force

Such sureties shall be approved by the clerk, and the entry of the recognizance shall be written immediately following the judgment, and signed by the bail, and shall have the same effect as a judgment, and if the fine or costs be not paid at the expiration of the sixty days, a joint execution shall issue against the defendant and the bail, and an execution against the body of the defendant, who shall be committed to jail, to be released as provided in *this act, in committal for default to pay or secure the fine and costs.
RCW 10.21.045 — Washington Code / Title 10 / Chapter 21 / Section 045
RCW 10.21.045: Conditions of release—Drugs and intoxicating liquors—Testing.
Status: in_force

A judicial officer in a municipal, district, or superior court imposing conditions of pretrial release for a defendant accused of a misdemeanor, gross misdemeanor, or felony offense, may prohibit the defendant from possessing or consuming any intoxicating liquors or drugs not prescribed to the defendant, and require the defendant to submit to testing to determine the defendant's compliance with this condition, when the judicial officer determines that such condition is necessary to protect the public from harm.
RCW 10.37.052 — Washington Code / Title 10 / Chapter 37 / Section 052
RCW 10.37.052: Indictment or information—Requisites.
Status: in_force

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.
RCW 10.118.030 — Washington Code / Title 10 / Chapter 118 / Section 030
RCW 10.118.030: Use of force—Reporting requirements.
Status: in_force

(1) Each law enforcement agency in the state is required to report each incident where a law enforcement officer employed by the agency used force and: (a) A fatality occurred in connection with the use of force; (b) Great bodily harm occurred in connection with the use of force; (c) Substantial bodily harm occurred in connection with the use of force; or (d) A law enforcement officer: (i) Discharged a firearm at or in the direction of a person; (ii) Pointed a firearm at a person; (iii) Used a chokehold or vascular neck restraint; (iv) Used an electronic control weapon including, but not limited to, a taser, against a person; (v) Used oleoresin capsicum spray against a person; (vi) Discharged a less lethal shotgun or other impact munitions at or in the direction of a person; (vii) Struck a person using an impact weapon or instrument including, but not limited to, a club, baton, or flashlight; (viii) Used any part of their body to physically strike a person including, but not limited to, punching, kicking, slapping, or using closed fists or feet; (ix) Used a vehicle to intentionally strike a person or vehicle; or (x) Deployed a canine by releasing it from the physical control of the law enforcement officer or had under the law enforcement officer's control a canine that bites a person. (2) Each report required in subsection (1) of this section must include the following information: (a) The date and time of the incident; (b) The location of the incident; (c) The agency or agencies employing the law enforcement officers; (d) The type of force used by the law enforcement officer; (e) The type of injury to the person against whom force was used, if any; (f) The type of injury to the law enforcement officer, if any; (g) Whether the person against whom force was used was armed or unarmed; (h) Whether the person against whom force was used was believed to be armed; (i) The type of weapon the person against whom force was used was armed with, if any; (j) The age, gender, race, and ethnicity of the person against whom force was used, if known; (k) The tribal affiliation of the person against whom force was used, if applicable and known; (l) Whether the person against whom force was used exhibited any signs associated with a potential mental health condition or use of a controlled substance or alcohol based on the observation of the law enforcement officer; (m) The name, age, gender, race, and ethnicity of the law enforcement officer, if known; (n) The law enforcement officer's years of service; (o) The reason for the initial contact between the person against whom force was used and the law enforcement officer; (p) Whether any minors were present at the scene of the incident, if known; (q) The entity conducting the independent investigation of the incident, if applicable; (r) Whether dashboard or body worn camera footage was recorded for an incident; (s) The number of officers who were present when force was used; and (t) The number of suspects who were present when force was used. (3) Each law enforcement agency must also report any additional incidents and data required by the statewide use of force data program developed in section 3, chapter 326, Laws of 2021. (4) All law enforcement agencies shall submit the reports required by this section in accordance with the requirements of the statewide use of force data program no later than three months after the office of the attorney general determines that the system procured in RCW 10.118.040 can accept law enforcement agency reports. Reports must be made in the format and time frame established in the statewide use of force data program. (5) A law enforcement agency has satisfied its reporting obligations pursuant to chapter 326, Laws of 2021 by submitting the reports and data required under this section. The contractor shall provide technical assistance to any law enforcement agency in gathering, compiling, and submitting the required reports and data for each incident.
RCW 10.79.020 — Washington Code / Title 10 / Chapter 79 / Section 020
RCW 10.79.020: To whom directed—Contents.
Status: in_force

All such warrants shall be directed to the sheriff of the county, or his or her deputy, or to any constable of the county, commanding such officer to search the house or place where the stolen property or other things for which he or she is required to search are believed to be concealed, which place and property, or things to be searched for shall be designated and described in the warrant, and to bring such stolen property or other things, when found, and the person in whose possession the same shall be found, before the magistrate who shall issue the warrant, or before some other magistrate or court having cognizance of the case.
RCW 10.66.020 — Washington Code / Title 10 / Chapter 66 / Section 020
RCW 10.66.020: When order may be issued.
Status: in_force

A court may enter an off-limits order enjoining a known drug trafficker who has been associated with drug trafficking in an area that the court finds to be a PADT area, from entering or remaining in a designated PADT area for up to one year. This relief may be ordered pursuant to applications for injunctive relief or as part of a criminal proceeding as follows: (1) In a civil action, including an action brought under this chapter; (2) In a nuisance abatement action pursuant to chapter 7.43 RCW; (3) In an eviction action to exclude known drug traffickers or tenants who were evicted for allowing drug trafficking to occur on the premises which were the subject of the eviction action; (4) As a condition of pretrial release of a known drug trafficker awaiting trial on drug charges. The order shall be in effect until the time of sentencing or dismissal of the criminal charges; or (5) As a condition of sentencing of any known drug trafficker convicted of a drug offense. The order may include all periods of community placement or community supervision.
RCW 10.16.145 — Washington Code / Title 10 / Chapter 16 / Section 145
RCW 10.16.145: Witnesses—Recognizances with sureties.
Status: in_force

If the magistrate shall be satisfied that there is good cause to believe that any such witness will not perform the condition of his or her recognizance unless other security be given, such magistrate may order the witness to enter into recognizance with such sureties as may be deemed necessary for his or her appearance at court.
RCW 10.04.110 — Washington Code / Title 10 / Chapter 04 / Section 110
RCW 10.04.110: Judgment—Entry—Execution—Remittance of district court fines, etc.
Status: in_force

In all cases of conviction, unless otherwise provided in this chapter, the judge shall enter judgment for the fine and costs against the defendant, and may commit him or her to jail until the amount of such fine and costs owing are paid, or the payment thereof be secured as provided by RCW 10.04.120 . The amount of such fine and costs owing shall be computed as provided for superior court cases in RCW 10.82.030 and 10.82.040 . Further proceedings therein shall be had as in like cases in the superior court: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
RCW 10.61.035 — Washington Code / Title 10 / Chapter 61 / Section 035
RCW 10.61.035: Conviction or acquittal—Several defendants.
Status: in_force

Upon an indictment or information against several defendants any one or more may be convicted or acquitted.
RCW 10.93.040 — Washington Code / Title 10 / Chapter 93 / Section 040
RCW 10.93.040: Liability for exercise of authority.
Status: in_force

Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by an officer acting within the course and scope of the officer's duties as a peace officer under this chapter is the responsibility of the primary commissioning agency unless the officer acts under the direction and control of another agency or unless the liability is otherwise allocated under a written agreement between the primary commissioning agency and another agency.
RCW 10.79.100 — Washington Code / Title 10 / Chapter 79 / Section 100
RCW 10.79.100: Strip, body cavity searches—Standards for conducting.
Status: in_force

*** CHANGE IN 2026 *** (SEE 1604-S.SL ) ***

(1) Persons conducting a strip search shall not touch the person being searched except as reasonably necessary to effectuate the strip search of the person. (2) Any body cavity search must be performed under sanitary conditions and conducted by a physician, registered nurse, or physician's assistant, licensed to practice in this state, who is trained in the proper medical process and the potential health problems associated with a body cavity search. No health professional authorized by this subsection to conduct a body cavity search shall be held liable in any civil action if the search is conducted in a manner that meets the standards and requirements of RCW 4.24.290 and 7.70.040 . (3) Except as provided in subsection (7) of this section, a strip search or body cavity search, as well as presearch undressing or postsearch dressing, shall occur at a location made private from the observation of persons not physically conducting the search. A strip search or body cavity search shall be performed or observed only by persons of the same sex as the person being searched, except for licensed medical professionals as required by subsection (2) of this section. (4) Except as provided in subsection (5) of this section, no person may be present or observe during the search unless the person is necessary to conduct the search or to ensure the safety of those persons conducting the search. (5) Nothing in this section prohibits a person upon whom a body cavity search is to be performed from having a readily available person of his or her choosing present at the time the search is conducted. However, the person chosen shall not be a person being held in custody by a law enforcement agency. (6) RCW 10.79.080 and this section shall not be interpreted as expanding or diminishing the authority of a law enforcement officer with respect to searches incident to arrest or investigatory stop in public. (7) A strip search of a person housed in a holding, detention, or local correctional facility to search for and seize a weapon may be conducted at other than a private location if there arises a specific threat to institutional security that reasonably requires such a search or if all persons in the facility are being searched for the discovery of weapons or contraband.
RCW 10.46.190 — Washington Code / Title 10 / Chapter 46 / Section 190
RCW 10.46.190: Liability of convicted person for costs—Jury fee.
Status: in_force

Every person convicted of a crime or held to bail to keep the peace may be liable to all the costs of the proceedings against him or her, including, when tried by a jury in the superior court or before a committing magistrate, a jury fee as provided for in civil actions for which judgment shall be rendered and collected. The court shall not order a defendant to pay costs, as described in RCW 10.01.160 , if the court finds that the person at the time of sentencing is indigent as defined in RCW 10.01.160 (3). The jury fee, when collected for a case tried by the superior court, shall be paid to the clerk and applied as the jury fee in civil cases is applied.
RCW 10.04.800 — Washington Code / Title 10 / Chapter 04 / Section 800
RCW 10.04.800: Proposed forms for criminal actions.
Status: in_force

The district and municipal court judges' association may propose to the supreme court suggested forms for criminal actions for inclusion in the justice court criminal rules.
RCW 10.93.050 — Washington Code / Title 10 / Chapter 93 / Section 050
RCW 10.93.050: Supervisory control over peace officers.
Status: in_force

All persons exercising peace officer powers under this chapter are subject to supervisory control of and limitations imposed by the primary commissioning agency, but the primary commissioning agency may, by agreement with another agency, temporarily delegate supervision over the peace officer to another agency.
RCW 10.114.021 — Washington Code / Title 10 / Chapter 114 / Section 021
RCW 10.114.021: Death of member of recognized Indian tribe—Notice.
Status: in_force

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 governor's office of Indian affairs must be made within a reasonable period of time, but not more than twenty-four hours after the law enforcement agency has good reason to believe that the person was an enrolled member of a federally recognized Indian tribe. Notice provided under this section must include sufficient information for the governor's office of Indian affairs to attempt to identify the deceased person and his or her tribal affiliation. Nothing in this section requires a law enforcement agency to disclose any information that could compromise the integrity of any criminal investigation. The governor's office of Indian affairs must establish a means to receive the notice required under this section, including outside of regular business hours, and must immediately notify the tribe of which the person was enrolled.
RCW 10.77.109 — Washington Code / Title 10 / Chapter 77 / Section 109
RCW 10.77.109: Medication—When substitution permitted.
Status: in_force

(1) When an individual has a prescription for an antipsychotic, antidepressant, antiepileptic, or other drug prescribed to the individual to treat a serious mental illness by a state hospital or other state facility or a behavioral health agency or other certified medical provider, and the individual is medically stable on the drug, a jail or juvenile detention facility shall continue prescribing the prescribed drug and may not require the substitution of a different drug in a given therapeutic class, except under the following circumstances: (a) The substitution is for a generic version of a name brand drug and the generic version is chemically identical to the name brand drug; or (b) The drug cannot be prescribed for reasons of drug recall or removal from the market, or medical evidence indicating no therapeutic effect of the drug. (2) This section includes but is not limited to situations in which the individual returns to a jail or juvenile detention facility directly after undergoing treatment at a state hospital, behavioral health agency, outpatient competency restoration program, or prison. (3) The department shall establish a program to reimburse jails and juvenile detention facilities for the costs of any drugs the jail or juvenile detention facility does not otherwise have available and must continue prescribing under this section.
RCW 10.66.040 — Washington Code / Title 10 / Chapter 66 / Section 040
RCW 10.66.040: Ex parte temporary order—Hearing—Notice.
Status: in_force

Upon filing an application for an off-limits order under this chapter, an applicant may obtain an ex parte temporary off-limits order, with or without notice, only upon a showing that serious or irreparable harm will result to the applicant if the temporary off-limits order is not granted. An ex parte temporary off-limits order shall be effective for a fixed period not to exceed fourteen days, but the court may reissue the order upon a showing of good cause. A hearing on a one-year off-limits order, as provided in this chapter, shall be set for fourteen days from the issuance of the temporary order. The respondent shall be personally served with a copy of the temporary off-limits order along with a copy of the application and notice of the date set for the full hearing. At the hearing, if the court finds that respondent is a known drug trafficker who has engaged in drug trafficking in a particular area, and that the area is associated with a pattern of drug activities, the court shall issue a one-year off-limits order prohibiting the respondent from having any contact with the PADT area. At any time within three months before the expiration of the order, the applicant may apply for a renewal of the order by filing a new petition under this chapter.
RCW 10.37.060 — Washington Code / Title 10 / Chapter 37 / Section 060
RCW 10.37.060: Indictment or information—Separation into counts—Consolidation.
Status: in_force

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.
RCW 10.122.050 — Washington Code / Title 10 / Chapter 122 / Section 050
RCW 10.122.050: Exception for exigent circumstances.
Status: in_force

A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if recording is not feasible because of exigent circumstances. The law enforcement officer conducting the interrogation shall record electronically an explanation of the exigent circumstances before conducting the interrogation, if feasible, or as soon as practicable after the interrogation is completed.
RCW 10.77.555 — Washington Code / Title 10 / Chapter 77 / Section 555
RCW 10.77.555: Conditional release—Application—County of origin.
Status: in_force

(1) In determining whether to support an application for conditional release on behalf of a person committed as criminally insane which would permit the person to reside outside of a state hospital, the secretary may not support a conditional release application to a location outside the person's county of origin unless it is determined by the secretary that the person's return to his or her county of origin would be inappropriate considering any court-issued protection orders, victim safety concerns, the availability of appropriate treatment, negative influences on the person, or the location of family or other persons or organizations offering support to the person. When the department assists in developing a placement under this section which is outside of the county of origin, and there are two or more options for placement, it shall endeavor to develop the placement in a manner that does not have a disproportionate effect on a single county. (2) If the committed person is not conditionally released to his or her county of origin, the department shall provide the law and justice council of the county in which the person is conditionally released with a written explanation. (3) For purposes of this section, the offender's county of origin means the county of the court which ordered the person's commitment.
RCW 10.55.120 — Washington Code / Title 10 / Chapter 55 / Section 120
RCW 10.55.120: Short title.
Status: in_force

This chapter may be cited as "Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings."
RCW 10.29.050 — Washington Code / Title 10 / Chapter 29 / Section 050
RCW 10.29.050: Powers and duties of statewide special inquiry judge.
Status: in_force

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.
RCW 10.91.010 — Washington Code / Title 10 / Chapter 91 / Section 010
RCW 10.91.010: Arrest and return of released person charged in another state—Violation of release conditions—Request—Documents—Warrant—Investigation.
Status: in_force

(1) If a person who has been charged with crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions of his or her release, and is present in this state, a designated agent of the court, judge, or magistrate which authorized the release may request the issuance of a warrant for the arrest of the person and an order authorizing his or her return to the demanding court, judge, or magistrate. Before the warrant is issued, the designated agent must file with a judicial officer of this state the following documents: (a) An affidavit stating the name and whereabouts of the person whose removal is sought, the crime with which the person was charged, the time and place of the crime charged, and the status of the proceedings against him or her; (b) A certified copy of the order or other document specifying the terms and conditions under which the person was released from custody; and (c) A certified copy of an order of the demanding court, judge, or magistrate stating the manner in which the terms and the conditions of the release have been violated and designating the affiant its agent for seeking removal of the person. (2) Upon initially determining that the affiant is a designated agent of the demanding court, judge, or magistrate, and that there is a probable cause for believing that the person whose removal is sought has violated the terms or conditions of his or her release, the judicial officer shall issue a warrant to a law enforcement officer of this state for the person's arrest. (3) The judicial officer shall notify the prosecuting attorney of his or her action and shall direct him or her to investigate the case to ascertain the validity of the affidavits and documents required by subsection (1) of this section and the identity and authority of the affiant.
RCW 10.55.110 — Washington Code / Title 10 / Chapter 55 / Section 110
RCW 10.55.110: Uniformity of interpretation.
Status: in_force

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
RCW 10.01.170 — Washington Code / Title 10 / Chapter 01 / Section 170
RCW 10.01.170: Fine or costs—Payment within specified time or installments—Payment priority order.
Status: in_force

(1) When a defendant is sentenced to pay fines, penalties, assessments, fees, restitution, or costs, the court may grant permission for payment to be made within a specified period of time or in specified installments. If the court finds that the defendant is indigent as defined in RCW 10.01.160 (3), the court shall grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is included in the sentence the fine or costs shall be payable forthwith. (2) An offender's monthly payment shall be applied in the following order of priority until satisfied: (a) First, proportionally to restitution to victims that have not been fully compensated from other sources; (b) Second, proportionally to restitution to insurance or other sources with respect to a loss that has provided compensation to victims; (c) Third, proportionally to crime victims' assessments; and (d) Fourth, proportionally to costs, fines, and other assessments required by law.
RCW 10.37.070 — Washington Code / Title 10 / Chapter 37 / Section 070
RCW 10.37.070: Animals—Description of.
Status: in_force

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.
RCW 10.109.010 — Washington Code / Title 10 / Chapter 109 / Section 010
RCW 10.109.010: Policies.
Status: in_force

(1) A law enforcement or corrections agency that deploys body worn cameras must establish policies regarding the use of the cameras. The policies must, at a minimum, address: (a) When a body worn camera must be activated and deactivated, and when a law enforcement or corrections officer has the discretion to activate and deactivate the body worn camera; (b) How a law enforcement or corrections officer is to respond to circumstances when it would be reasonably anticipated that a person may be unwilling or less willing to communicate with an officer who is recording the communication with a body worn camera; (c) How a law enforcement or corrections officer will document when and why a body worn camera was deactivated prior to the conclusion of an interaction with a member of the public while conducting official law enforcement or corrections business; (d) How, and under what circumstances, a law enforcement or corrections officer is to inform a member of the public that he or she is being recorded, including in situations where the person is a non-English speaker or has limited English proficiency, or where the person is deaf or hard of hearing; (e) How officers are to be trained on body worn camera usage and how frequently the training is to be reviewed or renewed; and (f) Security rules to protect data collected and stored from body worn cameras. (2) A law enforcement or corrections agency that deploys body worn cameras before June 9, 2016, must establish the policies within one hundred twenty days of June 9, 2016. A law enforcement or corrections agency that deploys body worn cameras on or after June 9, 2016, must establish the policies before deploying body worn cameras.
RCW 10.77.660 — Washington Code / Title 10 / Chapter 77 / Section 660
RCW 10.77.660: Competency restoration—Report to the governor and legislature.
Status: in_force

The authority shall report annually to the governor and relevant committees of the legislature, beginning November 1, 2022, and shall make the report public, describing: (1) How many individuals are being served by outpatient competency restoration programs and in what locations; (2) The length of stay of individuals in outpatient competency restoration programs; (3) The number of individuals who are revoked from an outpatient competency restoration program into inpatient treatment, and the outcomes of other individuals, if any, whose participation in an outpatient competency restoration program were terminated before the completion of the program; and (4) For individuals who were revoked from an outpatient competency restoration program into an inpatient competency restoration program, how many days the individuals spent in outpatient competency restoration treatment and inpatient competency restoration treatment, and whether the restoration programs resulted in a finding of competent to stand trial or another outcome.
RCW 10.77.620 — Washington Code / Title 10 / Chapter 77 / Section 620
RCW 10.77.620: Competency evaluation or competency restoration treatment—Court order.
Status: in_force

Within twenty-four hours of the signing of a court order requesting the secretary to provide a competency evaluation or competency restoration treatment: (1) The clerk of the court shall provide the court order and the charging documents, including the request for bail and certification of probable cause, to the state hospital. If the order is for competency restoration treatment and the competency evaluation was provided by a qualified expert or professional person who was not designated by the secretary, the clerk shall also provide the state hospital with a copy of all previous court orders related to competency or criminal insanity and a copy of any of the evaluation reports; (2) The prosecuting attorney shall provide the discovery packet, including a statement of the defendant's criminal history, to the state hospital; and (3) If the court order requires transportation of the defendant to a state hospital, the jail administrator shall provide the defendant's medical clearance information to the state hospital admission staff.
RCW 10.98.070 — Washington Code / Title 10 / Chapter 98 / Section 070
RCW 10.98.070: National crime information center interstate identification index.
Status: in_force

The section shall be the sole recipient of arrest and fingerprint forms described in RCW 10.98.060 , fingerprint forms described in RCW 43.43.760 , and disposition reports for forwarding to the federal bureau of investigation as required for participation in the national crime information center interstate identification index. The section shall comply with national crime information center interstate identification index regulations to maintain availability of out-of-state criminal history information.
RCW 10.01.060 — Washington Code / Title 10 / Chapter 01 / Section 060
RCW 10.01.060: Conviction—Requisites—Waiver of jury trial.
Status: in_force

No person informed against or indicted for a crime shall be convicted thereof, unless by admitting the truth of the charge in his or her plea, by confession in open court, or by the verdict of a jury, accepted and recorded by the court: PROVIDED HOWEVER, That except in capital cases, where the person informed against or indicted for a crime is represented by counsel, such person may, with the assent of the court, waive trial by jury and submit to trial by the court.
RCW 10.89.020 — Washington Code / Title 10 / Chapter 89 / Section 020
RCW 10.89.020: Preliminary examination by magistrate.
Status: in_force

If an arrest is made in this state by an officer of another state in accordance with the provisions of RCW 10.89.010 , he or she shall, without unnecessary delay, take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, he or she shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state. If the magistrate determines that the arrest was unlawful, he or she shall discharge the person arrested.
RCW 10.32.020 — Washington Code / Title 10 / Chapter 32 / Section 020
RCW 10.32.020: Certification—Tribes.
Status: in_force

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.
RCW 10.01.200 — Washington Code / Title 10 / Chapter 01 / Section 200
RCW 10.01.200: Registration of sex offenders and kidnapping offenders—Notice to defendants.
Status: in_force

The court shall provide written notification to any defendant charged with a sex offense or kidnapping offense of the registration requirements of RCW 9A.44.130 . Such notice shall be included on any guilty plea forms and judgment and sentence forms provided to the defendant.
RCW 10.73.090 — Washington Code / Title 10 / Chapter 73 / Section 090
RCW 10.73.090: Collateral attack—One year time limit.
Status: in_force

(1) No petition or motion for collateral attack on a judgment and sentence in a criminal case may be filed more than one year after the judgment becomes final if the judgment and sentence is valid on its face and was rendered by a court of competent jurisdiction. (2) For the purposes of this section, "collateral attack" means any form of postconviction relief other than a direct appeal. "Collateral attack" includes, but is not limited to, a personal restraint petition, a habeas corpus petition, a motion to vacate judgment, a motion to withdraw guilty plea, a motion for a new trial, and a motion to arrest judgment. (3) For the purposes of this section, a judgment becomes final on the last of the following dates: (a) The date it is filed with the clerk of the trial court; (b) The date that an appellate court issues its mandate disposing of a timely direct appeal from the conviction; or (c) The date that the United States Supreme Court denies a timely petition for certiorari to review a decision affirming the conviction on direct appeal. The filing of a motion to reconsider denial of certiorari does not prevent a judgment from becoming final.
RCW 10.77.315 — Washington Code / Title 10 / Chapter 77 / Section 315
RCW 10.77.315: Escape or disappearance—Notification requirements.
Status: in_force

(1) In the event of an escape by a person committed under this chapter from a state facility or the disappearance of such a person on conditional release or other authorized absence, the superintendent shall provide notification of the person's escape or disappearance for the public's safety or to assist in the apprehension of the person. (a) The superintendent shall notify: (i) State and local law enforcement officers located in the city and county where the person escaped and in the city and county which had jurisdiction of the person on the date of the applicable offense; (ii) Other appropriate governmental agencies; (iii) The person's attorney of record; and (iv) The person's relatives. (b) The superintendent shall provide the same notification as required by (a) of this subsection to the following, if such notice has been requested in writing about a specific person committed under this chapter: (i) The victim of the crime for which the person was convicted or the victim's next of kin if the crime was a homicide; (ii) Any witnesses who testified against the person in any court proceedings if the person was charged with a violent offense; and (iii) Any other appropriate persons. (2) Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the person committed under this chapter. (3) The notice provisions of this section are in addition to those provided in *RCW 10.77.325 .
RCW 10.29.020 — Washington Code / Title 10 / Chapter 29 / Section 020
RCW 10.29.020: Intent.
Status: in_force

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.
RCW 10.27.170 — Washington Code / Title 10 / Chapter 27 / Section 170
RCW 10.27.170: Special inquiry judge—Petition for order—Investigation of sexual exploitation of children.
Status: in_force

(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.
RCW 10.01.100 — Washington Code / Title 10 / Chapter 01 / Section 100
RCW 10.01.100: Entities—Fines.
Status: in_force

(1) When imposed on an entity for any criminal offense for which no special business fine is specified, a sentence to pay a fine may not exceed: (a) One million dollars for a class A felony; (b) Seven hundred fifty thousand dollars for a class B felony; (c) Five hundred thousand dollars for a class C felony; (d) Two hundred fifty thousand dollars for a gross misdemeanor; and (e) Fifty thousand dollars for a misdemeanor. (2) If a special fine for entities is expressly specified in the statute that defines an offense, the fine fixed must be within the limits specified in the statute. (3) For the purposes of this section, "entity" has the same meaning as provided in RCW 9A.08.030 .
RCW 10.05.170 — Washington Code / Title 10 / Chapter 05 / Section 170
RCW 10.05.170: Supervision as condition—Levy of assessment.
Status: in_force

As a condition of granting deferred prosecution, the court may order supervision of the petitioner during the period of deferral and may levy a monthly assessment upon the petitioner as provided in RCW 10.64.120 . In a jurisdiction with a probation department, the court may appoint the probation department to supervise the petitioner. In a jurisdiction without a probation department, the court may appoint an appropriate person or agency to supervise the petitioner. A supervisor appointed under this section shall be required to do at least the following: (1) If the charge for which deferral is granted relates to operation of a motor vehicle, at least once every six months request from the department of licensing an abstract of the petitioner's driving record; and (2) At least once every month make contact with the petitioner or with any agency to which the petitioner has been directed for treatment as a part of the deferral.
RCW 10.97.020 — Washington Code / Title 10 / Chapter 97 / Section 020
RCW 10.97.020: Short title.
Status: in_force

This chapter may be cited as the Washington State Criminal Records Privacy Act.
RCW 10.79.050 — Washington Code / Title 10 / Chapter 79 / Section 050
RCW 10.79.050: Restoration of stolen property to owner—Duties of officers.
Status: in_force

All property obtained by larceny, robbery or burglary, shall be restored to the owner; and no sale, whether in good faith on the part of the purchaser or not, shall divest the owner of his or her rights to such property; and it shall be the duty of the officer who shall arrest any person charged as principal or accessory in any robbery or larceny, to secure the property alleged to have been stolen, and he or she shall be answerable for the same, and shall annex a schedule thereof to his or her return of the warrant.
RCW 10.01.220 — Washington Code / Title 10 / Chapter 01 / Section 220
RCW 10.01.220: City attorney, county prosecutor, or other prosecuting authority—Filing a criminal charge—Contribution, donation, payment.
Status: in_force

A city attorney, county prosecutor, or other prosecuting authority may not dismiss, amend, or agree not to file a criminal charge in exchange for a contribution, donation, or payment to any person, corporation, or organization. This does not prohibit: (1) Contribution, donation, or payment to any specific fund authorized by state statute; (2) The collection of costs associated with actual supervision, treatment, or collection of restitution under agreements to defer or divert; or (3) Dismissal following payment that is authorized by any other statute.
RCW 10.31.060 — Washington Code / Title 10 / Chapter 31 / Section 060
RCW 10.31.060: Arrest by telegraph or teletype.
Status: in_force

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.
RCW 10.21.017 — Washington Code / Title 10 / Chapter 21 / Section 017
RCW 10.21.017: Home detention.
Status: in_force

Under this chapter where a person charged with a felony offense is ordered to enter a program of home detention, "home detention" means any program meeting the definition of home detention in RCW 9.94A.030 , and complying with the requirements of RCW 9.94A.736 .
RCW 10.88.330 — Washington Code / Title 10 / Chapter 88 / Section 330
RCW 10.88.330: Arrest without warrant.
Status: in_force

(1) The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him or her under oath setting forth the ground for the arrest as in RCW 10.88.320 ; and thereafter his or her answer shall be heard as if he or she had been arrested on a warrant. (2) An officer of the United States customs service or the immigration and naturalization service may, without a warrant, arrest a person if: (a) The officer is on duty; (b) One or more of the following situations exists: (i) The person commits an assault or other crime involving physical harm, defined and punishable under chapter 9A.36 RCW, against the officer or against any other person in the presence of the officer; (ii) The person commits an assault or related crime while armed, defined and punishable under chapter 9.41 RCW, against the officer or against any other person in the presence of the officer; (iii) The officer has reasonable cause to believe that a crime as defined in (b)(i) or (ii) of this subsection has been committed and reasonable cause to believe that the person to be arrested has committed it; (iv) The officer has reasonable cause to believe that a felony has been committed and reasonable cause to believe that the person to be arrested has committed it; or (v) The officer has received positive information by written, telegraphic, teletypic, telephonic, radio, or other authoritative source that a peace officer holds a warrant for the person's arrest; and (c) The regional commissioner of customs certifies to the state of Washington that the customs officer has received proper training within the agency to enable that officer to enforce or administer this subsection. (3) The arrest of a person is prohibited if the arrest is related to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington.
RCW 10.19.060 — Washington Code / Title 10 / Chapter 19 / Section 060
RCW 10.19.060: Certification and filing of recognizances.
Status: in_force

Every recognizance taken by any peace officer must be certified by him or her forthwith to the clerk of the court to which the defendant is recognized. The clerk must thereupon record the recognizance in the order book, and, from the time of filing, it has the same effect as if taken in open court.
RCW 10.21.010 — Washington Code / Title 10 / Chapter 21 / Section 010
RCW 10.21.010: Intent.
Status: in_force

It is the intent of the legislature to enact a law for the purpose of reasonably assuring public safety in bail determination hearings and hearings pursuant to the proposed amendment to Article I, section 20 of the state Constitution set forth in House Joint Resolution No. 4220. Other provisions of law address matters relating to assuring the appearance of the defendant at trial and preventing interference with the administration of justice.
RCW 10.34.010 — Washington Code / Title 10 / Chapter 34 / Section 010
RCW 10.34.010: Officer may arrest defendant in any county.
Status: in_force

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.
RCW 10.98.150 — Washington Code / Title 10 / Chapter 98 / Section 150
RCW 10.98.150: Status reports on felons.
Status: in_force

The section and the department shall provide prompt responses to the requests of law enforcement agencies and jails regarding the status of suspected or convicted felons. Dissemination of individual identities, criminal histories, or the whereabouts of a suspected or convicted felon shall be in accordance with chapter 10.97 RCW, the Washington state criminal records privacy act.
RCW 10.46.210 — Washington Code / Title 10 / Chapter 46 / Section 210
RCW 10.46.210: Taxation of costs on acquittal or discharge—Generally—Frivolous complaints.
Status: in_force

When any person shall be brought before a court or other committing magistrate of any county, city or town in this state, having jurisdiction of the alleged offense, charged with the commission of a crime or misdemeanor, and such complaint upon examination shall appear to be unfounded, no costs shall be payable by such acquitted party, but the same shall be chargeable to the county, city or town for or in which the said complaint is triable, but if the court or other magistrate trying said charge, shall decide the complaint was frivolous or malicious, the judgment or verdict shall also designate who is the complainant, and may adjudge that said complainant pay the costs. In such cases a judgment shall thereupon be entered for the costs against said complainant, who shall stand committed until such costs be paid or discharged by due process of law.
RCW 10.88.260 — Washington Code / Title 10 / Chapter 88 / Section 260
RCW 10.88.260: Warrant of arrest.
Status: in_force

If the governor decides that the demand should be complied with, he or she shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he or she may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
RCW 10.01.230 — Washington Code / Title 10 / Chapter 01 / Section 230
RCW 10.01.230: Victim impact panel registry—Panel minimum standards.
Status: in_force

(1) The Washington traffic safety commission may develop and maintain a registry of qualified victim impact panels. When imposing a requirement that an offender attend a victim impact panel under RCW 46.61.5152 , the court may refer the offender to a victim impact panel that is listed in the registry. The Washington traffic safety commission may consult with victim impact panel organizations to develop and maintain a registry. (2) To be listed on the registry, the victim impact panel must meet the following minimum standards: (a) The victim impact panel must address the effects of driving while impaired on individuals and families and address alternatives to drinking and driving and drug use and driving; (b) The victim impact panel shall have at least two different speakers, one of whom is a victim survivor of an impaired driving crash, to present their stories in person. A victim survivor may be the panel facilitator. The victim impact panel should be a minimum of sixty minutes of presentation, not including registration and administration time; (c) The victim impact panel shall have policies and procedures to recruit, screen, train, and provide feedback and ongoing support to the panelists. The panel shall take reasonable steps to verify the authenticity of each panelist's story; (d) Pursuant to (b) of this subsection, the victim impact panel shall use in-person speakers for each presentation for a minimum of sixty minutes of presentation. The victim impact panel may supplement the in-person presentations with prerecorded videos, but in no case shall the videos shown exceed fifteen minutes of presentation; (e) The victim impact panel shall charge a reasonable fee to all persons required to attend, unless otherwise ordered by the court; (f) The victim impact panel shall have a policy to prohibit admittance of anyone under the influence of alcohol or drugs, or anyone whose actions or behavior are otherwise inappropriate. The victim impact panel may institute additional admission requirements; (g) The victim impact panel shall maintain attendance records for at least five years; (h) The victim impact panel shall make reasonable efforts to use a facility that meets standards established by the Americans with disabilities act; (i) The victim impact panel may provide referral information to other community services; and (j) The victim impact panel shall have a designated facilitator who is responsible for the compliance with these minimum standards and who is responsible for maintaining appropriate records and communication with the referring courts and probationary departments regarding attendance or nonattendance.
RCW 10.19.160 — Washington Code / Title 10 / Chapter 19 / Section 160
RCW 10.19.160: Surrender of person under surety's bond.
Status: in_force

The surety on the bond may return to custody a person in a criminal case under the surety's bond if the surrender is accompanied by a notice of forfeiture or a notarized affidavit specifying the reasons for the surrender. The surrender shall be made to the county or city jail affiliated with the jurisdiction issuing the warrant resulting in bail. Upon surrender, a person must be held until the next judicial day or until another bond is posted.
RCW 10.82.090 — Washington Code / Title 10 / Chapter 82 / Section 090
RCW 10.82.090: Interest on judgments—Disposition of nonrestitution interest.
Status: in_force

(1) Except as provided in subsections (2) and (3) of this section and RCW 3.50.100 , 3.62.020 , and 35.20.220 , restitution imposed in a judgment shall bear interest from the date of the judgment until payment, at the rate applicable to civil judgments. As of June 7, 2018, no interest shall accrue on nonrestitution legal financial obligations. All nonrestitution interest retained by the court shall be split 25 percent to the state treasurer for deposit in the state general fund, 25 percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020 , 25 percent to the county current expense fund, and 25 percent to the county current expense fund to fund local courts. (2) The court may elect not to impose interest on any restitution the court orders. Before determining not to impose interest on restitution, the court shall inquire into and consider the following factors: (a) Whether the offender is indigent as defined in RCW 10.01.160 (3) or general rule 34; (b) the offender's available funds, as defined in RCW 10.101.010 (2), and other liabilities including child support and other legal financial obligations; (c) whether the offender is homeless; and (d) whether the offender is mentally ill, as defined in RCW 71.24.025 . The court shall also consider the victim's input, if any, as it relates to any financial hardship caused to the victim if interest is not imposed. The court may also consider any other information that the court believes, in the interest of justice, relates to not imposing interest on restitution. After consideration of these factors, the court may waive the imposition of restitution interest. (3) The court may, on motion by the offender, reduce or waive the interest on legal financial obligations levied as a result of a criminal conviction as follows: (a) The court shall waive all interest on the portions of the legal financial obligations that are not restitution that accrued prior to June 7, 2018; (b) The court may waive or reduce interest on the restitution portion of the legal financial obligations only if the principal has been paid in full, except as provided in (c) of this subsection. The court may grant the motion, establish a payment schedule, and retain jurisdiction over the offender for purposes of reviewing and revising the reduction or waiver of interest; (c) The court may, following the offender's release from total confinement, waive or reduce interest on restitution that accrued during the offender's period of incarceration if the court finds that the offender does not have the current or likely future ability to pay. A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160 (3). The prosecuting attorney shall make reasonable efforts to notify the victim entitled to restitution of the date and place of the hearing. The court shall also consider the victim's input, if any, as it relates to any financial hardship caused to the victim if interest is reduced or waived. (4) This section only applies to adult offenders.
RCW 10.31.030 — Washington Code / Title 10 / Chapter 31 / Section 030
RCW 10.31.030: Service—How—Warrant not in possession, procedure—Bail.
Status: in_force

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.
RCW 10.46.080 — Washington Code / Title 10 / Chapter 46 / Section 080
RCW 10.46.080: Continuances.
Status: in_force

A continuance may be granted in any case on the ground of the absence of evidence on the motion of the defendant supported by affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it; and also the name and place of residence of the witness or witnesses; and the substance of the evidence expected to be obtained, and if the prosecuting attorney admit that such evidence would be given, and that it be considered as actually given on the trial or offered and overruled as improper the continuance shall not be granted.
RCW 10.37.110 — Washington Code / Title 10 / Chapter 37 / Section 110
RCW 10.37.110: Larceny or embezzlement—Specification.
Status: in_force

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.
RCW 10.52.040 — Washington Code / Title 10 / Chapter 52 / Section 040
RCW 10.52.040: Compelling witness to attend and testify—Accused as witness.
Status: in_force

Witnesses may be compelled to attend and testify before the grand jury; and witnesses on behalf of the state, or of the defendant, in a criminal prosecution, may be compelled to attend and testify in open court, if they have been subpoenaed, without their fees being first paid or tendered, unless otherwise provided by law; the court may, upon the motion of the prosecuting attorney or defense counsel, recognize witnesses, with or without sureties, to attend and testify at any hearing or trial in any criminal prosecution in any court of this state, or before the grand jury. In default of such recognizance, or in the event that surety is required and has not been obtained, the court shall require the appearance of the witness before the court and shall appoint counsel for the witness if he is indigent and then shall determine that the testimony of the witness would be material to either the prosecution or the defendant and that the witness would not attend the trial of the matter unless detained and, therefore, the court may direct that such witness shall be detained in the custody of the sheriff until the hearing or trial in which the witness is to testify: PROVIDED, That each witness detained for failure to obtain surety shall be paid, in addition to witness fees for actual appearance in court, for each day of his detention a sum equal to the daily jury fee paid to a juror serving in a superior court; and each witness in breach of recognizance and who is detained therefor shall be paid, in addition to witness fees for actual appearance in court, the sum of one dollar for each day of his detention. Any such witness shall be provided food and lodging while so detained. Any person accused of any crime in this state, by indictment, information, or otherwise, may, in the examination or trial of the cause, offer himself, or herself, as a witness in his or her own behalf, and shall be allowed to testify as other witnesses in such case, and when accused shall so testify, he or she shall be subject to all the rules of law relating to cross-examination of other witnesses: PROVIDED, That nothing in this code shall be construed to compel such accused person to offer himself or herself as a witness in such case.
RCW 10.98.060 — Washington Code / Title 10 / Chapter 98 / Section 060
RCW 10.98.060: Arrest and fingerprint form.
Status: in_force

The arrest and fingerprint form shall include but not be limited to the following: (1) Unique numbers associated with the arrest charges. The unique numbering system may be controlled by the local law enforcement agency, however the section shall approve of the numbering system and maintain a current catalog of approved local numbering systems. The purpose of the unique numbering system is to allow tracking of arrest charges through disposition; (2) An organization code; (3) Date of arrest; (4) Local identification number; (5) The prescribed fingerprints; (6) Individual identification information and other information prescribed by the section.
RCW 10.88.220 — Washington Code / Title 10 / Chapter 88 / Section 220
RCW 10.88.220: Demand for extradition—Requirements.
Status: in_force

No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under RCW 10.88.250 , that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he or she fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his or her bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction, or sentence must be certified or authenticated by the executive authority making the demand.
RCW 10.64.140 — Washington Code / Title 10 / Chapter 64 / Section 140
RCW 10.64.140: Loss of voting rights—Acknowledgment.
Status: in_force

(1) When a person is convicted of a felony and sentenced to a term of total confinement under the jurisdiction of the department of corrections, the court shall require the defendant to sign a statement acknowledging that: (a) The defendant's right to vote has been lost due to the felony conviction and sentence to a term of total confinement; (b) If the defendant is registered to vote, the voter registration will be canceled; (c) The right to vote is automatically restored as long as the defendant is not serving a sentence of total confinement under the jurisdiction of the department of corrections; (d) The defendant must reregister before voting; and (e) Voting before the right is restored is a class C felony under RCW 29A.84.660 . (2) For the purposes of this section: (a) A sentence of total confinement does not include confinement imposed as a sanction for a community custody violation under RCW 9.94A.633 (1). (b) "Total confinement" has the same meaning as in RCW 9.94A.030 .
RCW 10.88.460 — Washington Code / Title 10 / Chapter 88 / Section 460
RCW 10.88.460: Extradition or surrender of obligor—Uniform interstate family support act.
Status: in_force

See chapter 26.21A RCW.
RCW 10.27.090 — Washington Code / Title 10 / Chapter 27 / Section 090
RCW 10.27.090: Secrecy enjoined—Exceptions—Use and availability of evidence.
Status: in_force

(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.