Office of independent inves.

AN ACT Relating to clarifying the scope of authority of the 1
office of independent investigations to align with current operations 2
and practices and to include public disclosure requirements and 3
protect privacy; amending RCW 43.102.030, 43.102.080, and 43.102.120; 4
reenacting and amending RCW 43.102.010 and 42.56.240; and adding a 5
new section to chapter 43.102 RCW. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
Sec. 1. RCW 43.102.010 and 2024 c 64 s 1 are each reenacted and 8
amended to read as follows: 9
The definitions in this section apply throughout this chapter 10
unless the context clearly requires otherwise. 11
(1) "911 communications center (([,]))," for purposes of this 12
chapter(([,])), means a public safety answering point or any other 13
entity that captures and maintains data that is utilized in a 911 14
emergency communications system, as defined in RCW 38.52.010.15
(2) "Advisory board" means the office of independent 16
investigations advisory board. 17
(3) "Deadly force" has the meaning provided in RCW 9A.16.010.18
(4) "Director" means the director of the office of independent 19
investigations. 20
Z-0415.2
HOUSE BILL 2508
State of Washington 69th Legislature 2026 Regular Session
By Representatives Entenman, Kloba, Mena, Stearns, Parshley, Reeves,
Bergquist, Burnett, Doglio, Goodman, Ormsby, Hill, Pollet, Street,
and Reed; by request of Office of Independent Investigations
Read first time 01/15/26. Referred to Committee on Community Safety.
p. 1 HB 2508
(5) "Great bodily harm" has the meaning provided in RCW 1
9A.04.110. 2
(6) "In-custody" refers to a person who is under the physical 3
control of a general authority Washington law enforcement agency or a 4
limited authority Washington law enforcement agency as defined in RCW 5
10.93.020 or a city, county, or regional adult or juvenile 6
institution, correctional, jail, holding, or detention facility as 7
defined in RCW 70.48.020, 72.09.015, or 13.40.020. 8
(7) "Independent investigation team" means a team of qualified 9
and certified peace officer investigators, civilian crime scene 10
specialists, and other representatives who operate independently of 11
any involved agency to conduct investigations of police deadly force 12
incidents. An independent investigation team may be comprised of 13
multiple law enforcement agencies who jointly investigate police use 14
of force incidents in their geographical regions or may be a single 15
law enforcement agency, provided it is not the involved agency.16
(8) "Involved agency" means ((a general authority Washington law 17
enforcement agency or limited authority Washington law enforcement 18
agency, as defined in RCW 10.93.020,)) the agency that employs or 19
supervises the officer or officers who are an involved officer as 20
defined in this section, or an agency responsible for a city, county, 21
or regional adult or juvenile institution, correctional, jail, 22
holding, or detention facility as defined in RCW 70.48.020, 23
72.09.015, or 13.40.020. 24
(9) "Involved officer" means one of the following persons who is 25
involved in an incident as an actor or custodial officer in which the 26
act or omission by the individual is within the scope of the 27
jurisdiction of the office as defined in this chapter:28
(a) A ((general authority Washington peace officer, specially 29
commissioned Washington peace officer, or limited authority 30
Washington peace officer, as defined in RCW 10.93.020)) peace 31
officer, whether on or off duty if he or she is exercising his or her 32
authority as a peace officer; or 33
(b) An individual while employed in a city, county, or regional 34
adult or juvenile institution, correctional, jail, holding, or 35
detention facility as defined in RCW 70.48.020, 72.09.015, or 36
13.40.020. 37
(10) "Office" means the office of independent investigations.38
(11) "Substantial bodily harm" has the same meaning as in RCW 39
9A.04.110. 40
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Sec. 2. RCW 43.102.030 and 2021 c 318 s 302 are each amended to 1
read as follows: 2
In addition to other responsibilities set forth in this chapter, 3
the office shall: 4
(1) Conduct fair, thorough, transparent, and competent 5
investigations of police use of force and other incidents involving 6
law enforcement as authorized in this chapter and shall prioritize 7
investigations conducted by the office based on resources and other 8
criteria developed in consultation with the advisory board ((. The 9
office shall commence investigations as follows:10
(a) Beginning no later than July 1, 2022, the office is 11
authorized to conduct investigations of deadly force cases occurring 12
after July 1, 2022, including any incident involving use of deadly 13
force by an involved officer against or upon a person who is in-14
custody or out-of-custody; and15
(b) Beginning no later than July 1, 2023, the office is 16
authorized to review, and may investigate, prior investigations of 17
deadly force by an involved officer if new evidence is brought forth 18
that was not included in the initial investigation));19
(2) Analyze data available to the office and provide reports and 20
recommendations as appropriate based on the data regarding issues, 21
trends, and other relevant areas; 22
(3) Provide reports on activities of the office as authorized 23
under this chapter; and 24
(4) Carry out such other responsibilities as may be consistent 25
with this chapter. 26
Sec. 3. RCW 43.102.080 and 2024 c 64 s 3 are each amended to 27
read as follows: 28
(1) The office has jurisdiction over, and is authorized to 29
conduct investigations of, all cases and incidents as established 30
within this section. 31
(2)(a) The director may cause an investigation to be conducted 32
into any incident: 33
(i) ((Of a)) Involving: (A) A use of deadly force by an involved 34
officer ((occurring after July 1, 2022, including any incident 35
involving use of deadly force by an involved officer against or upon 36
a person who is in-custody or out-of-custody )); or (B) any death that 37
occurs during or after any other use of force by an involved officer 38
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if the use of force may have caused or contributed, directly or 1
indirectly, to the death; or 2
(ii) Involving prior investigations of : (A) A use of deadly force 3
by an involved officer ; or (B) any death that occurred during or 4
after any other use of force by an involved officer if the use of 5
force may have caused or contributed, directly or indirectly, to the 6
death, if new evidence is brought forth that was not included in the 7
initial investigation. 8
(b) This section applies only if, at the time of the incident:9
(i) The involved officer was on duty; or 10
(ii) The involved officer was off duty but: 11
(A) Engaged in the investigation, pursuit, detention, or arrest 12
of a person or otherwise exercising the powers of a general authority 13
or limited authority Washington peace officer; or 14
(B) The incident involved equipment or other property issued to 15
the official in relation to his or her duties. 16
(3) The director shall determine prioritization of investigations 17
based on resources and other criteria which may be established in 18
consultation with the advisory board. The director shall ensure that 19
incidents occurring after the date the office begins investigating 20
cases receive the highest priority for investigation.21
(4) The investigation should include a review of the entire 22
incident, including but not limited to events immediately preceding 23
the incident that may have contributed to or influenced the outcome 24
of the incident that are directly related to the incident under 25
investigation. 26
(5) Upon receiving notification required in RCW 43.102.120 of an 27
incident under the jurisdiction of the office, the director:28
(a) May cause the incident to be investigated in accordance with 29
this chapter; 30
(b) May determine investigation is not appropriate for reasons 31
including, but not limited to, the case not being in the category of 32
prioritized cases; or 33
(c) If the director determines that the incident is not within 34
the office's jurisdiction to investigate, the director shall decline 35
to investigate, and shall give notice of the fact to the involved 36
agency. 37
(6) If the director determines the case is to be investigated the 38
director will communicate the decision to investigate to the involved 39
agency and will thereafter be the lead investigative body in the case 40
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and have priority over any other state or local agency investigating 1
the incident or a case that is under the jurisdiction of the office. 2
The director will implement the process developed pursuant to RCW 3
43.102.050 and conduct the appropriate investigation in accordance 4
with the process. 5
(7) In conducting the investigation the office shall have access 6
to, and copies of, reports and information necessary or related to 7
the investigation in the custody and control of the involved agency, 8
911 emergency communication centers, and any law enforcement agency 9
responding to the scene of the incident as soon as possible. This 10
includes, but is not limited to, voice or video recordings, body 11
camera recordings, and officer notes, as well as disciplinary and 12
administrative records except those that might be statements 13
conducted as part of an administrative investigation related to the 14
incident. In addition, the office shall have access to, and copies 15
of, reports and information necessary or related to the investigation 16
in the custody and control of any responding fire department or 17
ambulance service; however, to the extent such information 18
constitutes health care information, such information may only be 19
provided with the consent of the patient or the patient's next of kin 20
or pursuant to a court order.21
(8) The investigation shall be concluded within 120 days of 22
acceptance of the case for investigation. If the office is not able 23
to complete the investigation within 120 days, the director shall 24
report to the advisory board the reasons for the delay.25
Sec. 4. RCW 43.102.120 and 2024 c 64 s 5 are each amended to 26
read as follows: 27
(1) An involved agency shall notify the office of any incident by 28
an involved officer in accordance with the requirements under RCW 29
43.102.050 and pursuant to this section. 30
(a) If the incident involves use of deadly force by an involved 31
officer ((that results in )), or any other use of force that may have 32
caused or contributed, directly or indirectly to death, substantial 33
bodily harm, or great bodily harm , or any in-custody death, the 34
involved agency must immediately contact the office pursuant to the 35
procedure established by the director once the involved agency 36
personnel and other first responders have rendered the scene safe and 37
provided or facilitated lifesaving first aid to persons at the scene 38
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who have life-threatening injuries. This requirement does not affect 1
the duty of law enforcement under RCW 36.28A.445. 2
(b) In all other cases, the involved agency must notify the 3
office of the incident pursuant to the procedure established by the 4
director. 5
(2)(a) In any case that requires notice to the director under 6
this section, the involved agency shall ensure that any officers or 7
employees over which the involved agency has authority who are at the 8
scene of the incident take all lawful measures necessary for the 9
purposes of protecting, obtaining, or preserving evidence relating to 10
the incident until an office investigator, or independent 11
investigation team at the request of the office, takes charge of the 12
scene. 13
(b) The primary focus of the involved agency must be the 14
protection and preservation of evidence in order to maintain the 15
integrity of the scene until the office investigator or independent 16
investigation team arrives or otherwise provides direction regarding 17
activities at the scene. The involved agency should ensure that 18
evidence, including but not limited to the following is protected and 19
preserved: 20
(i) Physical evidence that is at risk of being destroyed or 21
disappearing and cannot be easily reconstructed, including evidence 22
which may be degraded or tainted by human or environmental factors if 23
left unprotected or unpreserved; 24
(ii) Identification and contact information for witnesses to the 25
incident; and 26
(iii) Photographs and other methods of documenting the location 27
of physical evidence and location and perspective of witnesses.28
(3)(a) When the office investigator, or independent investigation 29
team acting at the request of the office, arrives at the scene of an 30
incident under the jurisdiction of the office, the involved agency 31
will relinquish control of the scene to the office investigator or 32
independent investigation team upon the request of the office 33
investigator. The involved agency has a duty to comply with the 34
requests of the office related to the investigation conducted 35
pursuant to this chapter. 36
(b) Once the scene is relinquished, no member of the involved 37
agency may participate in any way in the investigation, with the 38
exception of the use of specialized equipment that is necessary for 39
the investigation and where no alternative exists. If there is any 40
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equipment of the involved agency used in the investigation, steps 1
must be taken to appropriately limit the role of any involved agency 2
personnel in facilitating the use of that equipment or their 3
engagement with the investigation. 4
(4) If an independent investigation team takes control of the 5
scene at the request of the office, the independent investigation 6
team shall relinquish control of the scene and investigation at the 7
request of the office when the office is on the scene or otherwise 8
provides notice that the office is taking control of the scene. The 9
independent investigation team may ((continue to )) engage in the 10
investigation ((conducted at the scene)) if requested to do so by the 11
lead office investigator, director, or the director's designee. The 12
involvement of the independent investigation team is limited to 13
activities requested by the office and must terminate following the 14
securing of the scene and any evidence preservation or other actions 15
as determined necessary by the office ((at the scene )). The 16
independent investigation team may not continue to participate in the 17
ongoing investigation. 18
(5)(a) No information about the ongoing independent investigation 19
under the jurisdiction of the office may be shared with any member of 20
the involved agency, except as follows: 21
(i) Limited briefings given to the chief or sheriff of the 22
involved agency about the progress of the investigation; or23
(ii) Information essential to protect the safety of the community 24
or the integrity of any ongoing, urgent criminal investigation; and25
(iii) Sharing of the information will not impede the ongoing 26
investigation being conducted by the office. 27
(b) No information provided under (a) of this subsection may be 28
divulged to any involved officers or witness officers. If any 29
information is disclosed pursuant to (a)(ii) of this subsection, the 30
following must also occur: 31
(i) The office must document the exact information provided, to 32
whom it was provided, and the reason it was provided;33
(ii) The involved agency must agree in writing that no involved 34
officer or witness officer will have access to the information other 35
than what is released to the general public. Any press release 36
containing information provided by the office pursuant to this 37
section must be preapproved by the office; and 38
(iii) The person, family, or representative of any person who is 39
the subject of the action by the involved officer that is under 40
p. 7 HB 2508
investigation by the office must be notified by the office that the 1
information was provided and, as soon as possible without 2
jeopardizing the integrity of any investigation, be provided with the 3
information contained in (b)(i) and (ii) of this subsection.4
(6) If the office declines to investigate a case, the authority 5
and duty to investigate remains with the independent investigation 6
team or local law enforcement authority with jurisdiction over the 7
incident. 8
NEW SECTION. Sec. 5. A new section is added to chapter 43.102 9
RCW to read as follows: 10
The following investigative and private information is 11
confidential and exempt from public inspection and copying under 12
chapter 42.56 RCW: 13
(1) All investigative records compiled or prepared by the office 14
in connection with a review or investigation conducted pursuant to 15
RCW 43.102.080(2)(a) (i) or (ii), until such time as the matter has 16
been referred to the prosecutor for a decision on whether criminal 17
charges should be filed; and 18
(2) All noninvestigative records related to a review or 19
investigation by the office to the extent they contain information 20
that implicates an individual's personal privacy pursuant to RCW 21
42.56.050, including information concerning support services pursuant 22
to RCW 43.102.050(2)(d). 23
Sec. 6. RCW 42.56.240 and 2024 c 299 s 2 and 2024 c 298 s 21 are 24
each reenacted and amended to read as follows: 25
The following investigative, law enforcement, and crime victim 26
information is exempt from public inspection and copying under this 27
chapter: 28
(1) Specific intelligence information and specific investigative 29
records compiled by investigative, law enforcement, and penology 30
agencies, and state agencies vested with the responsibility to 31
discipline members of any profession, the nondisclosure of which is 32
essential to effective law enforcement or for the protection of any 33
person's right to privacy; 34
(2) Information revealing the identity of persons who are 35
witnesses to or victims of crime or who file complaints with 36
investigative, law enforcement, or penology agencies, other than the 37
commission, if disclosure would endanger any person's life, physical 38
p. 8 HB 2508
safety, or property. If at the time a complaint is filed the 1
complainant, victim, or witness indicates a desire for disclosure or 2
nondisclosure, such desire shall govern. However, all complaints 3
filed with the commission about any elected official or candidate for 4
public office must be made in writing and signed by the complainant 5
under oath; 6
(3) Any records of investigative reports prepared by any state, 7
county, municipal, or other law enforcement agency pertaining to sex 8
offenses contained in chapter 9A.44 RCW or sexually violent offenses 9
as defined in RCW 71.09.020, which have been transferred to the 10
Washington association of sheriffs and police chiefs for permanent 11
electronic retention and retrieval pursuant to RCW 40.14.070(2)(b);12
(4) License applications under RCW 9.41.070, except that copies 13
of license applications or information on the applications may be 14
released to law enforcement or corrections agencies or to persons and 15
entities as authorized under RCW 9.41.815; 16
(5)(a) Information revealing the specific details that describe 17
an alleged or proven child victim of sexual assault or commercial 18
sexual exploitation under age 18, or the identity or contact 19
information of an alleged or proven child victim of sexual assault or 20
commercial sexual exploitation who is under age 18. Identifying 21
information includes the child victim's name, addresses, location, 22
photograph, and in cases in which the child victim is a relative, 23
stepchild, or stepsibling of the alleged perpetrator, identification 24
of the relationship between the child and the alleged perpetrator. 25
Contact information includes phone numbers, email addresses, social 26
media profiles, and user names and passwords. 27
(b) For purposes of this subsection (5), "commercial sexual 28
exploitation" has the same meaning as in RCW 7.105.010;29
(6) Information contained in a local or regionally maintained 30
gang database as well as the statewide gang database referenced in 31
RCW 43.43.762; 32
(7) Data from the electronic sales tracking system established in 33
RCW 69.43.165; 34
(8) Information submitted to the statewide unified sex offender 35
notification and registration program under RCW 36.28A.040(6) by a 36
person for the purpose of receiving notification regarding a 37
registered sex offender, including the person's name, residential 38
address, and email address; 39
p. 9 HB 2508
(9) Personally identifying information collected by law 1
enforcement agencies pursuant to local security alarm system programs 2
and vacation crime watch programs. Nothing in this subsection shall 3
be interpreted so as to prohibit the legal owner of a residence or 4
business from accessing information regarding his or her residence or 5
business; 6
(10) The felony firearm offense conviction database of felony 7
firearm offenders established in RCW 43.43.822; 8
(11) The identity of a state employee or officer who has in good 9
faith filed a complaint with an ethics board, as provided in RCW 10
42.52.410, or who has in good faith reported improper governmental 11
action, as defined in RCW 42.40.020, to the auditor or other public 12
official, as defined in RCW 42.40.020; 13
(12) The following security threat group information collected 14
and maintained by the department of corrections pursuant to RCW 15
72.09.745: (a) Information that could lead to the identification of a 16
person's security threat group status, affiliation, or activities; 17
(b) information that reveals specific security threats associated 18
with the operation and activities of security threat groups; and (c) 19
information that identifies the number of security threat group 20
members, affiliates, or associates; 21
(13) The global positioning system data that would indicate the 22
location of the residence of an employee or worker of a criminal 23
justice agency as defined in RCW 10.97.030; 24
(14) Body worn camera recordings to the extent nondisclosure is 25
essential for the protection of any person's right to privacy as 26
described in RCW 42.56.050, including, but not limited to, the 27
circumstances enumerated in (a) of this subsection. A law enforcement 28
or corrections agency shall not disclose a body worn camera recording 29
to the extent the recording is exempt under this subsection.30
(a) Disclosure of a body worn camera recording is presumed to be 31
highly offensive to a reasonable person under RCW 42.56.050 to the 32
extent it depicts: 33
(i)(A) Any areas of a medical facility, counseling, or 34
therapeutic program office where: 35
(I) A patient is registered to receive treatment, receiving 36
treatment, waiting for treatment, or being transported in the course 37
of treatment; or 38
(II) Health care information is shared with patients, their 39
families, or among the care team; or 40
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(B) Information that meets the definition of protected health 1
information for purposes of the health insurance portability and 2
accountability act of 1996 or health care information for purposes of 3
chapter 70.02 RCW; 4
(ii) The interior of a place of residence where a person has a 5
reasonable expectation of privacy; 6
(iii) An intimate image; 7
(iv) A minor; 8
(v) The body of a deceased person; 9
(vi) The identity of or communications from a victim or witness 10
of an incident involving domestic violence as defined in RCW 11
10.99.020 or sexual assault as defined in RCW 70.125.030, or 12
disclosure of intimate images as defined in RCW 9A.86.010. If at the 13
time of recording the victim or witness indicates a desire for 14
disclosure or nondisclosure of the recorded identity or 15
communications, such desire shall govern; or 16
(vii) The identifiable location information of a community-based 17
domestic violence program as defined in RCW 70.123.020, or emergency 18
shelter as defined in RCW 70.123.020. 19
(b) The presumptions set out in (a) of this subsection may be 20
rebutted by specific evidence in individual cases.21
(c) In a court action seeking the right to inspect or copy a body 22
worn camera recording, a person who prevails against a law 23
enforcement or corrections agency that withholds or discloses all or 24
part of a body worn camera recording pursuant to (a) of this 25
subsection is not entitled to fees, costs, or awards pursuant to RCW 26
42.56.550 unless it is shown that the law enforcement or corrections 27
agency acted in bad faith or with gross negligence.28
(d) A request for body worn camera recordings must:29
(i) Specifically identify a name of a person or persons involved 30
in the incident; 31
(ii) Provide the incident or case number; 32
(iii) Provide the date, time, and location of the incident or 33
incidents; or 34
(iv) Identify a law enforcement or corrections officer involved 35
in the incident or incidents. 36
(e)(i) A person directly involved in an incident recorded by the 37
requested body worn camera recording, an attorney representing a 38
person directly involved in an incident recorded by the requested 39
body worn camera recording, a person or his or her attorney who 40
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requests a body worn camera recording relevant to a criminal case 1
involving that person, or the executive director from either the 2
Washington state commission on African American affairs, Asian 3
Pacific American affairs, or Hispanic affairs, has the right to 4
obtain the body worn camera recording, subject to any exemption under 5
this chapter or any applicable law. In addition, an attorney who 6
represents a person regarding a potential or existing civil cause of 7
action involving the denial of civil rights under the federal or 8
state Constitution, or a violation of a United States department of 9
justice settlement agreement, has the right to obtain the body worn 10
camera recording if relevant to the cause of action, subject to any 11
exemption under this chapter or any applicable law. The attorney must 12
explain the relevancy of the requested body worn camera recording to 13
the cause of action and specify that he or she is seeking relief from 14
redaction costs under this subsection (14)(e). 15
(ii) A law enforcement or corrections agency responding to 16
requests under this subsection (14)(e) may not require the requesting 17
individual to pay costs of any redacting, altering, distorting, 18
pixelating, suppressing, or otherwise obscuring any portion of a body 19
worn camera recording. 20
(iii) A law enforcement or corrections agency may require any 21
person requesting a body worn camera recording pursuant to this 22
subsection (14)(e) to identify himself or herself to ensure he or she 23
is a person entitled to obtain the body worn camera recording under 24
this subsection (14)(e). 25
(f)(i) A law enforcement or corrections agency responding to a 26
request to disclose body worn camera recordings may require any 27
requester not listed in (e) of this subsection to pay the reasonable 28
costs of redacting, altering, distorting, pixelating, suppressing, or 29
otherwise obscuring any portion of the body worn camera recording 30
prior to disclosure only to the extent necessary to comply with the 31
exemptions in this chapter or any applicable law. 32
(ii) An agency that charges redaction costs under this subsection 33
(14)(f) must use redaction technology that provides the least costly 34
commercially available method of redacting body worn camera 35
recordings, to the extent possible and reasonable.36
(iii) In any case where an agency charges a requestor for the 37
costs of redacting a body worn camera recording under this subsection 38
(14)(f), the time spent on redaction of the recording shall not count 39
towards the agency's allocation of, or limitation on, time or costs 40
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spent responding to public records requests under this chapter, as 1
established pursuant to local ordinance, policy, procedure, or state 2
law. 3
(g) For purposes of this subsection (14): 4
(i) "Body worn camera recording" means a video and/or sound 5
recording that is made by a body worn camera attached to the uniform 6
or eyewear of a law enforcement or corrections officer while in the 7
course of his or her official duties; and 8
(ii) "Intimate image" means an individual or individuals engaged 9
in sexual activity, including sexual intercourse as defined in RCW 10
9A.44.010 and masturbation, or an individual's intimate body parts, 11
whether nude or visible through less than opaque clothing, including 12
the genitals, pubic area, anus, or postpubescent female nipple.13
(h) Nothing in this subsection shall be construed to restrict 14
access to body worn camera recordings as otherwise permitted by law 15
for official or recognized civilian and accountability bodies or 16
pursuant to any court order. 17
(i) Nothing in this section is intended to modify the obligations 18
of prosecuting attorneys and law enforcement under Brady v. Maryland, 19
373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), Kyles v. 20
Whitley, 541 U.S. 419, 115 S. Ct. 1555, 131 L. Ed.2d 490 (1995), and 21
the relevant Washington court criminal rules and statutes.22
(j) A law enforcement or corrections agency must retain body worn 23
camera recordings for at least 60 days and thereafter may destroy the 24
records in accordance with the applicable records retention schedule;25
(15) Any records and information contained within the statewide 26
sexual assault kit tracking system established in RCW 43.43.545;27
(16)(a) Survivor communications with, and survivor records 28
maintained by, campus-affiliated advocates. 29
(b) Nothing in this subsection shall be construed to restrict 30
access to records maintained by a campus-affiliated advocate in the 31
event that: 32
(i) The survivor consents to inspection or copying;33
(ii) There is a clear, imminent risk of serious physical injury 34
or death of the survivor or another person; 35
(iii) Inspection or copying is required by federal law; or36
(iv) A court of competent jurisdiction mandates that the record 37
be available for inspection or copying. 38
(c) "Campus-affiliated advocate" and "survivor" have the 39
definitions in RCW 28B.112.030; 40
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(17) Information and records prepared, owned, used, or retained 1
by the Washington association of sheriffs and police chiefs and 2
information and records prepared, owned, used, or retained by the 3
Washington state patrol pursuant to chapter 261, Laws of 2017;4
(18) Any and all audio or video recordings of child forensic 5
interviews as defined in chapter 26.44 RCW. Such recordings are 6
confidential and may only be disclosed pursuant to a court order 7
entered upon a showing of good cause and with advance notice to the 8
child's parent, guardian, or legal custodian. However, if the child 9
is an emancipated minor or has attained the age of majority as 10
defined in RCW 26.28.010, advance notice must be to the child. 11
Failure to disclose an audio or video recording of a child forensic 12
interview as defined in chapter 26.44 RCW is not grounds for 13
penalties or other sanctions available under this chapter; ((and))14
(19) Information exempt from public disclosure and copying under 15
RCW 43.10.305(2)(f); and16
(20) Information exempt from public inspection and copying under 17
section 5 of this act. 18
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