reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.91 - Uniform Rendition of Accused Persons Act. › 10.91.040 - "Judicial officer of this state," "judicial officer" defined.

RCW 10.91.040
"Judicial officer of this state," "judicial officer" defined.
For the purpose of this chapter "judicial officer of this state" and "judicial officer" mean a judge of the superior or district court.
[ 1987 c 202 § 170; 1971 ex.s. c 17 § 5.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.91 - Uniform Rendition of Accused Persons Act. › 10.91.050 - Costs.

RCW 10.91.050
Costs.
The costs of the procedures required by this chapter shall be borne by the demanding state, except when the designated agent is not a public official. In any case when the designated agent is not a public official, he or she shall bear the cost of such procedures.
[ 2010 c 8 § 1092; 1971 ex.s. c 17 § 9.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.91 - Uniform Rendition of Accused Persons Act. › 10.91.910 - Construction—1971 ex.s. c 17.

RCW 10.91.910
Construction—1971 ex.s. c 17.
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
[ 1971 ex.s. c 17 § 7.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.91 - Uniform Rendition of Accused Persons Act. › 10.91.920 - Short title.

RCW 10.91.920
Short title.
This chapter may be cited as the "Uniform Rendition of Accused Persons Act."
[ 1971 ex.s. c 17 § 8.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.92 - Tribal Police Officers. › 10.92.010 - Definitions.

RCW 10.92.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "General authority Washington peace officer" means an officer authorized to enforce the criminal and traffic laws of the state of Washington generally.
(2) "Tribal police officer" means any person in the employ of one of the federally recognized sovereign tribal governments, whose traditional lands and territories lie within the borders of the state of Washington, to enforce the criminal laws of that government.
[ 2008 c 224 § 1.]
NOTES:
Effective date—2008 c 224: "This act takes effect July 1, 2008." [ 2008 c 224 § 4.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.001 - Short title—Legislative intent—Construction.

RCW 10.93.001
Short title—Legislative intent—Construction.
(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.
[ 1985 c 89 § 1.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.030 - Reporting use of authority under this chapter.

RCW 10.93.030
Reporting use of authority under this chapter.
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.
[ 1985 c 89 § 3.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.040 - Liability for exercise of authority.

RCW 10.93.040
Liability for exercise of authority.
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.
[ 1985 c 89 § 4.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.050 - Supervisory control over peace officers.

RCW 10.93.050
Supervisory control over peace officers.
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.
[ 1985 c 89 § 5.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.060 - Privileges and immunities applicable.

RCW 10.93.060
Privileges and immunities applicable.
All of the privileges and immunities from liability, exemption from laws, ordinances, and rules, all pension, relief, disability, worker's compensation insurance, and other benefits which apply to the activity of officers, agents, or employees of any law enforcement agency when performing their respective functions within the territorial limits of their respective agencies shall apply to them and to their primary commissioning agencies to the same degree and extent while such persons are engaged in the performance of authorized functions and duties under this chapter.
[ 1985 c 89 § 6.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.070 - General authority peace officer—Powers of, circumstances.

RCW 10.93.070
General authority peace officer—Powers of, circumstances.
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.
[ 1985 c 89 § 7.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.080 - Limited authority peace officer—No additional powers.

RCW 10.93.080
Limited authority peace officer—No additional powers.
A limited authority Washington peace officer shall have no additional powers by virtue of this chapter but shall be limited to those powers already vested by law or hereafter created by separate enactment.
[ 1985 c 89 § 8.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.090 - Specially commissioned peace officer—Powers of, circumstances.

RCW 10.93.090
Specially commissioned peace officer—Powers of, circumstances.
A specially commissioned Washington peace officer who has successfully completed a course of basic training prescribed or approved for such officers by the Washington state criminal justice training commission may exercise any authority which the special commission vests in the officer, throughout the territorial bounds of the state, outside of the officer's primary territorial jurisdiction under the following circumstances:
(1) The officer is in fresh pursuit, as defined in RCW 10.93.120; or
(2) The officer is acting pursuant to mutual law enforcement assistance agreement between the primary commissioning agency and the agency with primary territorial jurisdiction.
[ 1985 c 89 § 9.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.100 - Federal peace officers—No additional powers.

RCW 10.93.100
Federal peace officers—No additional powers.
Federal peace officers shall have no additional powers by virtue of this chapter but shall be limited to those powers already vested by law or hereafter created by separate enactment.
[ 1985 c 89 § 10.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.110 - Attorney general—No additional powers.

RCW 10.93.110
Attorney general—No additional powers.
The attorney general shall have no additional powers by virtue of this chapter but shall be limited to those powers already vested by law or hereafter created by separate enactment.
[ 1985 c 89 § 11.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.120 - Fresh pursuit, arrest.

RCW 10.93.120
Fresh pursuit, arrest.
(1) Any peace officer who has authority under Washington law to make an arrest may proceed in fresh pursuit of a person (a) who is reasonably believed to have committed a violation of traffic or criminal laws, or (b) for whom such officer holds a warrant of arrest, and such peace officer shall have the authority to arrest and to hold such person in custody anywhere in the state.
(2) The term "fresh pursuit," as used in this chapter, includes, without limitation, fresh pursuit as defined by the common law. Fresh pursuit does not necessarily imply immediate pursuit, but pursuit without unreasonable delay.
[ 1985 c 89 § 12.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.130 - Contracting authority of law enforcement agencies.

RCW 10.93.130
Contracting authority of law enforcement agencies.
Under the interlocal cooperation act, chapter 39.34 RCW, any law enforcement agency referred to by this chapter may contract with any other such agency and may also contract with any law enforcement agency of another state, or such state's political subdivision, to provide mutual law enforcement assistance. The agency with primary territorial jurisdiction may require that officers from participating agencies meet reasonable training or certification standards or other reasonable standards.
[ 1985 c 89 § 13.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.140 - State patrol, fish and wildlife exempted.

RCW 10.93.140
State patrol, fish and wildlife exempted.
This chapter does not limit the scope of jurisdiction and authority of the Washington state patrol and the department of fish and wildlife as otherwise provided by law, and these agencies shall not be bound by the reporting requirements of RCW 10.93.030.
[ 2002 c 128 § 2; 1985 c 89 § 14.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.150 - Law enforcement disciplinary actions—Potential impeachment list.

RCW 10.93.150
Law enforcement disciplinary actions—Potential impeachment list.
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.
[ 2018 c 265 § 2.]
NOTES:
Intent—2018 c 265: "The United States supreme court has consistently found that prosecutors have the duty to disclose potentially exculpatory evidence to defense attorneys prior to trial. Some of the information that is being disclosed about government witnesses, often law enforcement officers, has not been substantiated or proven to any degree. This act prohibits a law enforcement agency from taking punitive action against a peace officer solely because the officer's name was placed on a potential impeachment list. This act specifically does not prohibit a law enforcement agency from taking punitive or personnel action against a peace officer based on the underlying acts or omissions for which that officer's name was placed on the list." [ 2018 c 265 § 1.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.170 - Applicants—Authorization to obtain information from prior employer.

RCW 10.93.170
Applicants—Authorization to obtain information from prior employer.
A general authority Washington law enforcement agency or limited authority Washington law enforcement agency is prohibited from considering the application for any office, place, position, or employment within the agency if the applicant has not provided the agency a document, voluntarily and knowingly signed by the applicant, that authorizes each prior employer to release any and all information relating to the applicant's employment, and further releasing and holding harmless the agency and each prior employer from any and all liability that may potentially result from the release and use of such information provided.
[ 2021 c 323 § 30.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.190 - Peace officers duty to intervene.

RCW 10.93.190
Peace officers duty to intervene.
(1) Any identifiable on-duty peace officer who witnesses another peace officer engaging or attempting to engage in the use of excessive force against another person shall intervene when in a position to do so to end the use of excessive force or attempted use of excessive force, or to prevent the further use of excessive force. A peace officer shall also render aid at the earliest safe opportunity in accordance with RCW 36.28A.445, to any person injured as a result of the use of force.
(2) Any identifiable on-duty peace officer who witnesses any wrongdoing committed by another peace officer, or has a good faith reasonable belief that another peace officer committed wrongdoing, shall report such wrongdoing to the witnessing officer's supervisor or other supervisory peace officer in accordance with the witnessing peace officer's employing agency's policies and procedures for reporting such acts committed by a peace officer.
(3) A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer for intervening in good faith or for reporting wrongdoing in good faith as required by this section.
(4) A law enforcement agency shall send notice to the criminal justice training commission of any disciplinary decision resulting from a peace officer's failure to intervene or failure to report as required by this section to determine whether the officer's conduct may be grounds for suspension or revocation of certification under RCW 43.101.105.
(5) For purposes of this section:
(a) "Excessive force" means force that exceeds the force permitted by law or policy of the witnessing officer's agency.
(b) "Peace officer" refers to any general authority Washington peace officer.
(c) "Wrongdoing" means conduct that is contrary to law or contrary to the policies of the witnessing officer's agency, provided that the conduct is not de minimis or technical in nature.
[ 2021 c 321 § 1.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act. › 10.93.900 - Effective date—1985 c 89.

RCW 10.93.900
Effective date—1985 c 89.
This act shall take effect July 1, 1985.
[ 1985 c 89 § 17.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.95 - Aggravated First Degree Murder. › 10.95.010 - Court rules.

RCW 10.95.010
Court rules.
No rule promulgated by the supreme court of Washington pursuant to RCW 2.04.190 and 2.04.200, now or in the future, shall be construed to supersede or alter any of the provisions of this chapter.
[ 1981 c 138 § 1.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.95 - Aggravated First Degree Murder. › 10.95.035 - Return of persons to sentencing court if sentenced prior to June 1, 2014, under this chapter or any prior law, for a term of life without the possibility of parole for an offense committed prior to 18th birthday.

RCW 10.95.035
Return of persons to sentencing court if sentenced prior to June 1, 2014, under this chapter or any prior law, for a term of life without the possibility of parole for an offense committed prior to 18th birthday.
(1) A person, who was sentenced prior to June 1, 2014, under this chapter or any prior law, to a term of life without the possibility of parole for an offense committed prior to their eighteenth birthday, shall be returned to the sentencing court or the sentencing court's successor for sentencing consistent with RCW 10.95.030. Release and supervision of a person who receives a minimum term of less than life will be governed by RCW 10.95.030.
(2) The court shall provide an opportunity for victims and survivors of victims of any crimes for which the offender has been convicted to present a statement personally or by representation.
(3) A resentencing under this section shall not reopen the defendant's conviction to challenges that would otherwise be barred by RCW 10.73.090, 10.73.100, 10.73.140, or other procedural barriers.
[ 2023 c 102 § 22; 2015 c 134 § 7; 2014 c 130 § 11.]
NOTES:
Effective date—2015 c 134: See note following RCW 9.94A.501.
Effective date—2014 c 130: See note following RCW 9.94A.510.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.96 - Criminal Process Records. › 10.96.005 - Findings.

RCW 10.96.005
Findings.
The legislature finds that many businesses, associations, and organizations providing goods and services to the public, conducting other activity in Washington, or otherwise affecting residents of Washington now operate nationally or globally and often maintain their business records in a location outside the state of Washington. The legislature further finds that bringing persons or organizations committing crimes in Washington to justice is a matter of great public interest because crimes have a significant effect on businesses, associations, and other organizations that conduct business in Washington, as well as on Washington citizens. Crimes result in significant harm and losses to persons, businesses, associations, and other organizations victimized, as well as persons not directly victimized when businesses or others more directly affected by the crimes must raise prices to cover crime losses. The ability of law enforcement and the criminal justice system to effectively perform their duties to the public often depends upon law enforcement agencies, prosecutors, and criminal defense attorneys being able to obtain and use records relevant to crimes that affect Washington's citizens, businesses, associations, organizations, and others who provide goods or services, or conduct other activity in Washington. In the course of fulfilling their duties to the public, law enforcement agencies, prosecutors, and criminal defense attorneys must frequently obtain records from these entities, and be able to use the records in court. The ability to obtain and use these records has an impact on Washington citizens because it affects the ability to enforce Washington's criminal laws and affects the deterrence value arising from criminal prosecution. Effectively combating crime requires laws facilitating and requiring that all those who possess records relevant to a criminal investigation comply with the legal process issued in connection with criminal investigations or litigation.
[ 2008 c 21 § 1.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.96 - Criminal Process Records. › 10.96.010 - Definitions.

RCW 10.96.010
Definitions.
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.
[ 2008 c 21 § 2.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.96 - Criminal Process Records. › 10.96.020 - Production of records.

RCW 10.96.020
Production of records.
This section shall apply to any criminal process allowing for search of or commanding production of records that are in the actual or constructive possession of a recipient who receives service outside Washington, regardless of whether the recipient or the records are physically located within the state.
(1) When properly served with criminal process issued under this section, the recipient shall provide the applicant all records sought pursuant to the criminal process. The records shall be produced within twenty business days of receipt of the criminal process, unless the process requires earlier production. An applicant may consent to a recipient's request for additional time to comply with the criminal process.
(2) Criminal process issued under this section must contain the following language in bold type on the first page of the document: "This [warrant, subpoena, order] is issued pursuant to RCW [insert citation to this statute]. A response is due within twenty business days of receipt, unless a shorter time is stated herein, or the applicant consents to a recipient's request for additional time to comply."
(3) If the judge finds reason to suspect that failure to produce records within twenty business days would cause an adverse result, the criminal process may require production of records within less than twenty business days. A court may reasonably extend the time required for production of the records upon finding that the recipient has shown good cause for that extension and that an extension of time would not cause an adverse result.
(4) When properly served with criminal process issued under this section, a recipient who seeks to quash the criminal process must seek relief from the court where the criminal process was issued, within the time originally required for production of records. The court shall hear and decide the motion no later than five court days after the motion is filed. An applicant's consent, under subsection (1) of this section, to a recipient's request for additional time to comply with the criminal process does not extend the date by which a recipient must seek the relief designated in this section.
(5) The issuance of criminal process is prohibited if such process 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.
[ 2023 c 193 § 11; 2008 c 21 § 3.]
NOTES:
Effective date—2023 c 193: See note following RCW 7.115.020.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.96 - Criminal Process Records. › 10.96.030 - Authenticity of records—Verification—Affidavit, declaration, or certification.

RCW 10.96.030
Authenticity of records—Verification—Affidavit, declaration, or certification.
(1) Upon written request from the applicant, or if ordered by the court, the recipient of criminal process shall verify the authenticity of records that it produces by providing an affidavit, declaration, or certification that complies with subsection (2) of this section. The requirements of RCW 5.45.020 regarding business records as evidence may be satisfied by an affidavit, declaration, or certification that complies with subsection (2) of this section, without the need for testimony from the custodian of records, regardless of whether the business records were produced by a foreign or Washington state entity.
(2) To be admissible without testimony from the custodian of records, business records must be accompanied by an affidavit, declaration, or certification by its record custodian or other qualified person that includes contact information for the witness completing the document and attests to the following:
(a) The witness is the custodian of the record or sets forth evidence that the witness is qualified to testify about the record;
(b) The record was made at or near the time of the act, condition, or event set forth in the record by, or from information transmitted by, a person with knowledge of those matters;
(c) The record was made in the regular course of business;
(d) The identity of the record and the mode of its preparation; and
(e) Either that the record is the original or that it is a duplicate that accurately reproduces the original.
(3) A party intending to offer a record into evidence under this section must provide written notice of that intention to all adverse parties, and must make the record and affidavit, declaration, or certification available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them. A motion opposing admission in evidence of the record shall be made and determined by the court before trial and with sufficient time to allow the party offering the record time, if the motion is granted, to produce the custodian of the record or other qualified person at trial, without creating hardship on the party or on the custodian or other qualified person.
(4) Failure by a party to timely file a motion under subsection (4) of this section shall constitute a waiver of objection to admission of the evidence, but the court for good cause shown may grant relief from the waiver. When the court grants relief from the waiver, and thereafter determines the custodian of the record shall appear, a continuance of the trial may be granted to provide the proponent of the record sufficient time to arrange for the necessary witness to appear.
(5) Nothing in this section precludes either party from calling the custodian of record of the record or other witness to testify regarding the record.
[ 2008 c 21 § 4.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.96 - Criminal Process Records. › 10.96.040 - Service of process issued by or in another state.

RCW 10.96.040
Service of process issued by or in another state.
(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.
[ 2023 c 193 § 12; 2008 c 21 § 5.]
NOTES:
Effective date—2023 c 193: See note following RCW 7.115.020.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.96 - Criminal Process Records. › 10.96.050 - Recipients' immunity from liability.

RCW 10.96.050
Recipients' immunity from liability.
A recipient of criminal process or process under RCW 10.96.010 and 10.96.040, and any other person that responds to such process is immune from civil and criminal liability for complying with the process, and for any failure to provide notice of any disclosure to the person who is the subject of or identified in the disclosure.
[ 2008 c 21 § 6.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.96 - Criminal Process Records. › 10.96.060 - Issuance of criminal process.

RCW 10.96.060
Issuance of criminal process.
A judge of the superior court may issue any criminal process to any recipient at any address, within or without the state, for any matter over which the court has criminal jurisdiction pursuant to RCW 9A.04.030. This section does not limit a court's authority to issue warrants or legal process under other provisions of state law.
[ 2008 c 21 § 7.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.97 - Washington State Criminal Records Privacy Act. › 10.97.010 - Declaration of policy.

RCW 10.97.010
Declaration of policy.
The legislature declares that it is the policy of the state of Washington to provide for the completeness, accuracy, confidentiality, and security of criminal history record information and victim, witness, and complainant record information as defined in this chapter.
[ 1977 ex.s. c 314 § 1.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.97 - Washington State Criminal Records Privacy Act. › 10.97.020 - Short title.

RCW 10.97.020
Short title.
This chapter may be cited as the Washington State Criminal Records Privacy Act.
[ 1977 ex.s. c 314 § 2.]
NOTES:
Reviser's note: The phrase "This 1977 amendatory act" has been changed to "This chapter." This 1977 amendatory act [1977 ex.s. c 314] consists of chapter 10.97 RCW and the amendments of RCW 42.17.310, 43.43.705, 43.43.710, 43.43.730, and 43.43.810.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.97 - Washington State Criminal Records Privacy Act. › 10.97.045 - Disposition data to initiating agency and state patrol.

RCW 10.97.045
Disposition data to initiating agency and state patrol.
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.
[ 1979 ex.s. c 36 § 6.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.97 - Washington State Criminal Records Privacy Act. › 10.97.060 - Deletion of certain information, conditions.

RCW 10.97.060
Deletion of certain information, conditions.
Criminal history record information which consists of nonconviction data only shall be subject to deletion from criminal justice agency files which are available and generally searched for the purpose of responding to inquiries concerning the criminal history of a named or otherwise identified individual when two years or longer have elapsed since the record became nonconviction data as a result of the entry of a disposition favorable to the defendant, or upon the passage of three years from the date of arrest or issuance of a citation or warrant for an offense for which a conviction was not obtained unless the defendant is a fugitive, or the case is under active prosecution according to a current certification made by the prosecuting attorney.
Such criminal history record information consisting of nonconviction data shall be deleted upon the request of the person who is the subject of the record: PROVIDED, HOWEVER, That the criminal justice agency maintaining the data may, at its option, refuse to make the deletion if:
(1) The disposition was a deferred prosecution or similar diversion of the alleged offender;
(2) The person who is the subject of the record has had a prior conviction for a felony or gross misdemeanor;
(3) The individual who is the subject of the record has been arrested for or charged with another crime during the intervening period.
Nothing in this chapter is intended to restrict the authority of any court, through appropriate judicial proceedings, to order the modification or deletion of a record in a particular cause or concerning a particular individual or event.
[ 1977 ex.s. c 314 § 6.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.97 - Washington State Criminal Records Privacy Act. › 10.97.070 - Disclosure of suspect's identity to victim.

RCW 10.97.070
Disclosure of suspect's identity to victim.
(1) Criminal justice agencies may, in their discretion, disclose to persons who have suffered physical loss, property damage, or injury compensable through civil action, the identity of persons suspected as being responsible for such loss, damage, or injury together with such information as the agency reasonably believes may be of assistance to the victim in obtaining civil redress. Such disclosure may be made without regard to whether the suspected offender is an adult or a juvenile, whether charges have or have not been filed, or a prosecuting authority has declined to file a charge or a charge has been dismissed.
(2) Unless the agency determines release would interfere with an ongoing criminal investigation, in any action brought pursuant to this chapter, criminal justice agencies shall disclose identifying information, including photographs of suspects, if the acts are alleged by the plaintiff or victim to be a violation of RCW 9A.50.020.
(3) The disclosure by a criminal justice agency of investigative information pursuant to subsection (1) of this section shall not establish a duty to disclose any additional information concerning the same incident or make any subsequent disclosure of investigative information, except to the extent an additional disclosure is compelled by legal process.
[ 1993 c 128 § 10; 1977 ex.s. c 314 § 7.]
NOTES:
Effective date—1993 c 128: See RCW 9A.50.902.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.97 - Washington State Criminal Records Privacy Act. › 10.97.080 - Inspection of information by subject—Challenges and corrections.

RCW 10.97.080
Inspection of information by subject—Challenges and corrections.
All criminal justice agencies shall permit an individual who is, or who believes that he or she may be, the subject of a criminal record maintained by that agency, to appear in person during normal business hours of that criminal justice agency and request to see the criminal history record information held by that agency pertaining to the individual. The individual's right to access and review of criminal history record information shall not extend to data contained in intelligence, investigative, or other related files, and shall not be construed to include any information other than that defined as criminal history record information by this chapter.
Every criminal justice agency shall adopt rules and make available forms to facilitate the inspection and review of criminal history record information by the subjects thereof, which rules may include requirements for identification, the establishment of reasonable periods of time to be allowed an individual to examine the record, and for assistance by an individual's counsel, interpreter, or other appropriate persons.
No person shall be allowed to retain or mechanically reproduce any nonconviction data except for the person who is the subject of the record. Such person may retain a copy of their personal nonconviction data information on file, if the criminal justice agency has verified the identities of those who seek to inspect them. Criminal justice agencies may impose such additional restrictions, including fingerprinting, as are reasonably necessary both to assure the record's security and to verify the identities of those who seek to inspect them. The criminal justice agency may charge a reasonable fee for fingerprinting or providing a copy of the personal nonconviction data information pursuant to this section. The provisions of chapter 42.56 RCW shall not be construed to require or authorize copying of nonconviction data for any other purpose.
The Washington state patrol shall establish rules for the challenge of records which an individual declares to be inaccurate or incomplete, and for the resolution of any disputes between individuals and criminal justice agencies pertaining to the accuracy and completeness of criminal history record information. The Washington state patrol shall also adopt rules for the correction of criminal history record information and the dissemination of corrected information to agencies and persons to whom inaccurate or incomplete information was previously disseminated. Such rules may establish time limitations of not less than ninety days upon the requirement for disseminating corrected information.
[ 2012 c 125 § 3; 2010 c 8 § 1093; 2005 c 274 § 206; 1979 ex.s. c 36 § 3; 1977 ex.s. c 314 § 8.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.97 - Washington State Criminal Records Privacy Act. › 10.97.090 - Administration by state patrol.

RCW 10.97.090
Administration by state patrol.
The Washington state patrol is hereby designated the agency of state government responsible for the administration of the 1977 Washington State Criminal Records Privacy Act. The Washington state patrol may adopt any rules and regulations necessary for the performance of the administrative functions provided for in this chapter.
The Washington state patrol shall have the following specific administrative duties:
(1) To establish by rule and regulation standards for the security of criminal history information systems in order that such systems and the data contained therein be adequately protected from fire, theft, loss, destruction, other physical hazard, or unauthorized access;
(2) To establish by rule and regulation standards for personnel employed by criminal justice of other state and local government agencies in positions with responsibility for maintenance and dissemination of criminal history record information; and
(3) To contract with the Washington state auditor or other public or private agency, organization, or individual to perform audits of criminal history record information systems.
[ 1979 ex.s. c 36 § 4; 1977 ex.s. c 314 § 9.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.97 - Washington State Criminal Records Privacy Act. › 10.97.100 - Fees.

RCW 10.97.100
Fees.
Criminal justice agencies shall be authorized to establish and collect reasonable fees for the dissemination of criminal history record information to agencies and persons other than criminal justice agencies.
[ 1977 ex.s. c 314 § 10.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.97 - Washington State Criminal Records Privacy Act. › 10.97.110 - Civil remedies—Criminal prosecution not affected.

RCW 10.97.110
Civil remedies—Criminal prosecution not affected.
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.
[ 2010 c 8 § 1094; 1979 ex.s. c 36 § 5; 1977 ex.s. c 314 § 11.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.97 - Washington State Criminal Records Privacy Act. › 10.97.120 - Criminal penalties—Civil action not affected.

RCW 10.97.120
Criminal penalties—Civil action not affected.
Violation of the provisions of this chapter shall constitute a misdemeanor, and any person whether as principal, agent, officer, or director for himself or herself or for another person, or for any firm or corporation, public or private, or any municipality who or which shall violate any of the provisions of this chapter shall be guilty of a misdemeanor for each single violation. Any criminal prosecution shall not affect the right of any person to bring a civil action as authorized by this chapter or otherwise authorized by law.
[ 2010 c 8 § 1095; 1977 ex.s. c 314 § 12.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.97 - Washington State Criminal Records Privacy Act. › 10.97.130 - Child victims of sexual assaults, identification confidential.

RCW 10.97.130
Child victims of sexual assaults, identification confidential.
(1) Information revealing the specific details that describe the alleged or proven child victim of sexual assault under age eighteen, or the identity or contact information of an alleged or proven child victim under age eighteen is confidential and not subject to release to the press or public without the permission of the child victim and the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative, stepchild, or stepsibling of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Contact information includes phone numbers, email addresses, social media profiles, and user names and passwords. Contact information or information identifying the child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault. Prior to release of any criminal history record information, the releasing agency shall delete any contact information or information identifying a child victim of sexual assault from the information except as provided in this section.
(2) This section does not apply to court documents or other materials admitted in open judicial proceedings.
[ 2019 c 300 § 2; 1992 c 188 § 8.]
NOTES:
Findings—Intent—Severability—1992 c 188: See notes following RCW 7.69A.020.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.97 - Washington State Criminal Records Privacy Act. › 10.97.140 - Construction.

RCW 10.97.140
Construction.
Nothing in RCW 40.14.060 or 40.14.070 or chapter 42.56 RCW precludes dissemination of criminal history record information, including nonconviction data, for the purposes of this chapter.
[ 2005 c 274 § 207; 1999 c 326 § 4.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.98 - Criminal Justice Information Act. › 10.98.010 - Purpose.

RCW 10.98.010
Purpose.
The purpose of this chapter is to provide a system of reporting and disseminating felony criminal justice information that provides: (1) Timely and accurate criminal histories for filing and sentencing under the sentencing reform act of 1981, (2) identification and tracking of felons, and (3) data for statewide planning and forecasting of the felon population.
[ 1984 c 17 § 1.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.98 - Criminal Justice Information Act. › 10.98.030 - Source of conviction histories.

RCW 10.98.030
Source of conviction histories.
The Washington state patrol identification, child abuse, and criminal history section as established in *RCW 43.43.700 shall be the primary source of felony conviction histories for filings, plea agreements, and sentencing on felony cases.
[ 1999 c 143 § 50; 1984 c 17 § 3.]
NOTES:
*Reviser's note: RCW 43.43.700 was amended by 2006 c 294 § 1, renaming the "identification, child abuse, and criminal history section" as the "identification and criminal history section."