AGO investigation powers

AN ACT Relating to the general powers and duties of the attorney 1
general's office; adding a new section to chapter 43.10 RCW; and 2
prescribing penalties. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 43.10 5
RCW to read as follows: 6
(1) The attorney general may issue written civil investigative 7
demands for documents, oral testimony, and answers to written 8
interrogatories when investigating possible violations of the United 9
States Constitution, Washington state Constitution, RCW 10.93.160, 10
10.118.030, 10.120.020, and 43.10.315, and chapters 10.116, 39.12, 11
49.46, 49.48, 49.52, 49.60, and 70.48 RCW. 12
(2)(a) Whenever the attorney general believes that any person or 13
entity: 14
(i) May be in possession, custody, or control of any original or 15
copy of any book, record, report, memorandum, paper, communication, 16
tabulation, map, chart, photograph, mechanical transcription, or 17
other tangible document or recording, wherever situate, which he or 18
she believes to be relevant to the subject matter of an investigation 19
of a possible violation of state or federal law under subsection (1) 20
of this section; or 21
Z-0547.1
HOUSE BILL 2161
State of Washington 69th Legislature 2026 Regular Session
By Representatives Farivar, Berry, Ryu, Leavitt, Reed, Mena, Zahn,
Street, Scott, Gregerson, Ormsby, Reeves, Thai, Macri, Fosse,
Salahuddin, Pollet, and Timmons; by request of Attorney General
Prefiled 12/17/25. Read first time 01/12/26. Referred to Committee
on Civil Rights & Judiciary.
p. 1 HB 2161
(ii) May have knowledge of any information which the attorney 1
general believes relevant to the subject matter of such an 2
investigation, 3
he or she may, prior to the institution of a civil proceeding 4
thereon, execute in writing and cause to be served upon such a 5
person, a civil investigative demand requiring such person or entity 6
to produce such documentary material and permit inspection and 7
copying, to answer in writing written interrogatories, to give oral 8
testimony, or any combination of such demands pertaining to such 9
documentary material or information. 10
(b) This section is not applicable to criminal prosecutions.11
(3) Each such demand shall: 12
(a) State the statute and section or sections thereof, the 13
alleged violation of which is under investigation, and the general 14
subject matter of the investigation; 15
(b) If the demand is for the production of documentary material, 16
describe the class or classes of documentary material to be produced 17
thereunder with reasonable specificity so as fairly to indicate the 18
material demanded; 19
(c) Prescribe a return date within which the documentary material 20
is to be produced, the answers to written interrogatories are to be 21
made, or a date, time, and place at which oral testimony is to be 22
taken; and 23
(d) Identify the members of the attorney general's staff to whom 24
such documentary material is to be made available for inspection and 25
copying, to whom answers to written interrogatories are to be made, 26
or who are to conduct the examination for oral testimony.27
(4) No such demand shall: 28
(a) Contain any requirement which would be unreasonable or 29
improper if contained in a subpoena duces tecum, a request for 30
answers to written interrogatories, or a request for deposition upon 31
oral examination issued by a court of this state; or32
(b) Require the disclosure of any documentary material which 33
would be privileged, or which for any other reason would not be 34
required by a subpoena duces tecum issued by a court of this state.35
(5) Service of any such demand may be made by:36
(a) Delivering a duly executed copy thereof to the person to be 37
served, or, if such person is not a natural person, to any officer or 38
managing agent of the entity to be served; or 39
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(b) Delivering a duly executed copy thereof to the principal 1
place of business in this state of the person or entity to be served; 2
or 3
(c) Mailing by registered or certified mail a duly executed copy 4
thereof addressed to the person or entity to be served at the 5
principal place of business in this state, or, if said person or 6
entity has no place of business in this state, to his, her, or its 7
principal office or place of business. 8
(6)(a) Documentary material demanded pursuant to the provisions 9
of this section shall be produced for inspection and copying during 10
normal business hours at the principal office or place of business of 11
the person or entity served, or at such other times and places as may 12
be agreed upon by the person or entity served and the attorney 13
general. 14
(b) Written interrogatories in a demand served under this section 15
shall be answered in the same manner as provided in the civil rules 16
for superior court. 17
(c) The oral testimony of any person or entity obtained pursuant 18
to a demand served under this section shall be taken in the same 19
manner as provided in the civil rules for superior court for the 20
taking of depositions. In the course of the deposition, the assistant 21
attorney general conducting the examination may exclude from the 22
place where the examination is held all persons other than the person 23
being examined, the person's counsel, and the officer before whom the 24
testimony is to be taken. 25
(d) Any person or entity compelled to appear pursuant to a demand 26
for oral testimony under this section may be accompanied by counsel.27
(e) The oral testimony of any person or entity obtained pursuant 28
to a demand served under this section shall be taken in the county 29
within which the person or entity resides, is found, or transacts 30
business, or in such other place as may be agreed upon between the 31
person or entity served and the attorney general. 32
(7) If, after prior court approval, a civil investigative demand 33
specifically prohibits disclosure of the existence or content of the 34
demand, unless otherwise ordered by a superior court for good cause 35
shown, it shall be a misdemeanor for any person or entity if not a 36
bank, trust company, mutual savings bank, credit union, or savings 37
and loan association organized under the laws of the United States or 38
of any one of the United States to disclose to any other person or 39
entity the existence or content of the demand, except for disclosure 40
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to counsel for the recipient of the demand or unless otherwise 1
required by law. 2
(8)(a) No documentary material, answers to written 3
interrogatories, or transcripts of oral testimony produced pursuant 4
to a demand, or copies thereof, shall, unless otherwise ordered by a 5
superior court for good cause shown, be produced for inspection or 6
copying by, nor shall the contents thereof be disclosed to other than 7
an authorized employee of the attorney general, without the consent 8
of the person or entity who produced such material, answered written 9
interrogatories, or gave oral testimony, except as otherwise provided 10
in this section. 11
(b)(i) Under such reasonable terms and conditions as the attorney 12
general shall prescribe, the copies of such documentary material, 13
answers to written interrogatories, or transcripts of oral testimony 14
shall be available for inspection and copying by the person or entity 15
who produced such material, answered written interrogatories, or gave 16
oral testimony, or any duly authorized representative of such person 17
or entity. 18
(ii) The attorney general may provide copies of such documentary 19
material, answers to written interrogatories, or transcripts of oral 20
testimony to an official of this state, the federal government, or 21
other state, who is charged with the enforcement of federal or state 22
laws, if before the disclosure the receiving official agrees in 23
writing that the information may not be disclosed to anyone other 24
than that official or the official's authorized employees. The 25
material provided under this subsection (8)(b)(ii) is subject to the 26
confidentiality restrictions set forth in this section and may not be 27
introduced as evidence in a criminal prosecution. 28
(c) The attorney general or any assistant attorney general may 29
use such copies of documentary material, answers to written 30
interrogatories, or transcripts of oral testimony as he or she 31
determines necessary in the enforcement of federal or state law, 32
including presentation before any court. However, any such material, 33
answers to written interrogatories, or transcripts of oral testimony 34
which contain trade secrets shall not be presented except with the 35
approval of the court in which action is pending after adequate 36
notice to the person or entity furnishing such material, answers to 37
written interrogatories, or oral testimony. 38
(9) At any time before the return date specified in the demand, 39
or within 20 days after the demand has been served, whichever period 40
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is shorter, a petition to extend the return date for, or to modify or 1
set aside a demand issued pursuant to subsection (1) of this section, 2
stating good cause, may be filed in the superior court for Thurston 3
county, or in such other county where the parties reside. A petition, 4
by the person or entity on whom the demand is served, stating good 5
cause, to require the attorney general or any person to perform any 6
duty imposed by the provisions of this section, and all other 7
petitions in connection with a demand, may be filed in the superior 8
court for Thurston county, or in the county where the parties reside. 9
The court shall have jurisdiction to impose such sanctions as are 10
provided for in the civil rules for superior court with respect to 11
discovery motions. 12
(10) Whenever any person or entity fails to comply with any civil 13
investigative demand for documentary material, answers to written 14
interrogatories, or oral testimony duly served upon him, her, or it 15
under this section, or whenever satisfactory copying or reproduction 16
of any such material cannot be done and such person or entity refuses 17
to surrender such material, the attorney general may file, in the 18
trial court of general jurisdiction of the county in which such 19
person or entity resides, is found, or transacts business, and serve 20
upon such person or entity a petition for an order of such court for 21
the enforcement of this section, except that if such person or entity 22
transacts business in more than one county such petition shall be 23
filed in the county in which such person or entity maintains his, 24
her, or its principal place of business, or in such other county as 25
may be agreed upon by the parties to such petition. Whenever any 26
petition is filed in the trial court of general jurisdiction of any 27
county under this section, such court shall have jurisdiction to hear 28
and determine the matter so presented and to enter such order or 29
orders as may be required to carry into effect the provisions of this 30
section, and may impose such sanctions as are provided for in the 31
civil rules for superior court with respect to discovery motions.32
(11) This section does not supersede or displace the authority of 33
the attorney general related to civil investigative demands under 34
other statutes. 35
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