Recovery of missing persons

AN ACT Relating to supporting the recovery of missing persons; 1
amending RCW 9.73.260, 10.79.035, and 13.60.010; reenacting and 2
amending RCW 42.56.240; and adding a new section to chapter 10.79 3
RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 9.73.260 and 2023 c 193 s 6 are each amended to read 6
as follows: 7
(1) As used in this section: 8
(a) "Wire communication" means any aural transfer made in whole 9
or in part through the use of facilities for the transmission of 10
communications by the aid of wire, cable, or other like connection 11
between the point of origin and the point of reception, including the 12
use of such connection in a switching station, furnished or operated 13
by any person engaged in providing or operating such facilities for 14
the transmission of intrastate, interstate, or foreign 15
communications, and such term includes any electronic storage of such 16
communication. 17
(b) "Electronic communication" means any transfer of signs, 18
signals, writing, images, sounds, data, or intelligence of any nature 19
transmitted in whole or in part by a wire, radio, electromagnetic, 20
photoelectronic, or photo-optical system, but does not include:21
S-3582.4
SENATE BILL 6070
State of Washington 69th Legislature 2026 Regular Session
By Senators Dhingra, Nobles, Bateman, Kauffman, Liias, Lovelett,
Orwall, Saldaña, Slatter, Trudeau, Valdez, and C. Wilson
Read first time 01/13/26. Referred to Committee on Law & Justice.
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(i) Any wire or oral communication; 1
(ii) Any communication made through a tone-only paging device; or2
(iii) Any communication from a tracking device, but solely to the 3
extent the tracking device is owned by the applicable law enforcement 4
agency. 5
(c) "Electronic communication service" means any service that 6
provides to users thereof the ability to send or receive wire or 7
electronic communications. 8
(d) "Pen register" means a device that records or decodes 9
electronic or other impulses that identify the numbers dialed or 10
otherwise transmitted on the telephone line to which such device is 11
attached, but such term does not include any device used by a 12
provider or customer of a wire or electronic communication service 13
for billing, or recording as an incident to billing, for 14
communications services provided by such provider or any device used 15
by a provider or customer of a wire communication service for cost 16
accounting or other like purposes in the ordinary course of its 17
business. 18
(e) "Trap and trace device" means a device that captures the 19
incoming electronic or other impulses that identify the originating 20
number of an instrument or device from which a wire or electronic 21
communication was transmitted. 22
(f) "Cell site simulator device" means a device that transmits or 23
receives radio waves for the purpose of conducting one or more of the 24
following operations: (i) Identifying, locating, or tracking the 25
movements of a communications device; (ii) intercepting, obtaining, 26
accessing, or forwarding the communications, stored data, or metadata 27
of a communications device; (iii) affecting the hardware or software 28
operations or functions of a communications device; (iv) forcing 29
transmissions from or connections to a communications device; (v) 30
denying a communications device access to other communications 31
devices, communications protocols, or services; or (vi) spoofing or 32
simulating a communications device, cell tower, cell site, or service 33
including, but not limited to, an international mobile subscriber 34
identity catcher or other invasive cell phone or telephone 35
surveillance or eavesdropping device that mimics a cell phone tower 36
and sends out signals to cause cell phones in the area to transmit 37
their locations, identifying information, and communications content, 38
or a passive interception device or digital analyzer that does not 39
send signals to a communications device under surveillance. A cell 40
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site simulator device does not include any device used or installed 1
by an electric utility, as defined in RCW 19.280.020, solely to the 2
extent such device is used by that utility to measure electrical 3
usage, to provide services to customers, or to operate the electric 4
grid. 5
(g) "Missing endangered person" has the same meaning as in RCW 6
13.60.010.7
(2) No person may install or use a pen register, trap and trace 8
device, or cell site simulator device without a prior court order 9
issued under this section except as provided under subsection (6) of 10
this section or RCW 9.73.070. 11
(3) A law enforcement officer may apply for and the superior 12
court may issue orders and extensions of orders authorizing the 13
installation and use of pen registers, trap and trace devices, and 14
cell site simulator devices as provided in this section. The 15
application shall be under oath and shall include the identity of the 16
officer making the application and the identity of the law 17
enforcement agency conducting the investigation. The applicant must 18
certify that the information likely to be obtained is relevant to an 19
ongoing criminal investigation being conducted by that agency.20
(4) If the court finds that the information likely to be obtained 21
by such installation and use is relevant to an ongoing criminal 22
investigation or is necessary for law enforcement to fulfill 23
community caretaking functions and finds that there is probable cause 24
to believe that the pen register, trap and trace device, or cell site 25
simulator device will lead to obtaining evidence of a crime, 26
contraband, fruits of crime, things criminally possessed, weapons, or 27
other things by means of which a crime has been committed or 28
reasonably appears about to be committed, or will lead to learning 29
the location of a person who is unlawfully restrained or reasonably 30
believed to be a witness in a criminal investigation or for whose 31
arrest there is probable cause, or may aid in locating a missing 32
endangered person, the court shall enter an ex parte order 33
authorizing the installation and use of a pen register, trap and 34
trace device, or cell site simulator device. The order shall specify:35
(a)(i) In the case of a pen register or trap and trace device, 36
the identity, if known, of the person to whom is leased or in whose 37
name is listed the telephone line to which the pen register or trap 38
and trace device is to be attached; or 39
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(ii) In the case of a cell site simulator device, the identity, 1
if known, of (A) the person to whom is subscribed or in whose name is 2
subscribed the electronic communications service utilized by the 3
device to which the cell site simulator device is to be used and (B) 4
the person who possesses the device to which the cell site simulator 5
device is to be used; 6
(b) The identity, if known, of ((the)):7
(i) The person who is the subject of the criminal investigation ; 8
or9
(ii) The missing endangered person; 10
(c)(i) In the case of a pen register or trap and trace device, 11
the number and, if known, physical location of the telephone line to 12
which the pen register or trap and trace device is to be attached 13
and, in the case of a trap and trace device, the geographic limits of 14
the trap and trace order; or 15
(ii) In the case of a cell site simulator device: (A) The 16
telephone number or other unique subscriber account number 17
identifying the wire or electronic communications service account 18
used by the device to which the cell site simulator device is to be 19
attached or used; (B) if known, the physical location of the device 20
to which the cell site simulator device is to be attached or used; 21
(C) the type of device, and the communications protocols being used 22
by the device, to which the cell site simulator device is to be 23
attached or used; (D) the geographic area that will be covered by the 24
cell site simulator device; (E) all categories of metadata, data, or 25
information to be collected by the cell site simulator device from 26
the targeted device including, but not limited to, call records and 27
geolocation information; (F) whether or not the cell site simulator 28
device will incidentally collect metadata, data, or information from 29
any parties or devices not specified in the court order, and if so, 30
what categories of information or metadata will be collected; and (G) 31
any disruptions to access or use of a communications or internet 32
access network that may be created by use of the device; and33
(d) A statement of the offense or a description of the missing 34
endangered person to which the information likely to be obtained by 35
the pen register, trap and trace device, or cell site simulator 36
device relates. 37
The order shall direct, if the applicant has requested, the 38
furnishing of information, facilities, and technical assistance 39
necessary to accomplish the installation of the pen register, trap 40
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and trace device, or cell site simulator device. An order issued 1
under this section shall authorize the installation and use of a: (i) 2
Pen register or a trap and trace device for a period not to exceed 3
sixty days; and (ii) cell site simulator device for sixty days. An 4
extension of the original order may only be granted upon: A new 5
application for an order under subsection (3) of this section; and a 6
showing that there is a probability that the information or items 7
sought under this subsection are more likely to be obtained under the 8
extension than under the original order. No extension beyond the 9
first extension shall be granted unless: There is a showing that 10
there is a high probability that the information or items sought 11
under this subsection are much more likely to be obtained under the 12
second or subsequent extension than under the original order; and 13
there are extraordinary circumstances such as a direct and immediate 14
danger of death or serious bodily injury to a law enforcement 15
officer. The period of extension shall be for a period not to exceed 16
sixty days. 17
An order authorizing or approving the installation and use of a 18
pen register, trap and trace device, or cell site simulator device 19
shall direct that the order be sealed until otherwise ordered by the 20
court and that the person owning or leasing the line to which the pen 21
register, trap and trace device, and cell site simulator device is 22
attached or used, or who has been ordered by the court to provide 23
assistance to the applicant, not disclose the existence of the pen 24
register, trap and trace device, or cell site simulator device or the 25
existence of the investigation to the listed subscriber or to any 26
other person, unless or until otherwise ordered by the court.27
(5) Upon the presentation of an order, entered under subsection 28
(4) of this section, by an officer of a law enforcement agency 29
authorized to install and use a pen register under this chapter, a 30
provider of wire or electronic communication service, landlord, 31
custodian, or other person shall furnish such law enforcement officer 32
forthwith all information, facilities, and technical assistance 33
necessary to accomplish the installation of the pen register 34
unobtrusively and with a minimum of interference with the services 35
that the person so ordered by the court accords the party with 36
respect to whom the installation and use is to take place, if such 37
assistance is directed by a court order as provided in subsection (4) 38
of this section. 39
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Upon the request of an officer of a law enforcement agency 1
authorized to receive the results of a trap and trace device under 2
this chapter, a provider of a wire or electronic communication 3
service, landlord, custodian, or other person shall install such 4
device forthwith on the appropriate line and shall furnish such law 5
enforcement officer all additional information, facilities, and 6
technical assistance including installation and operation of the 7
device unobtrusively and with a minimum of interference with the 8
services that the person so ordered by the court accords the party 9
with respect to whom the installation and use is to take place, if 10
such installation and assistance is directed by a court order as 11
provided in subsection (4) of this section. Unless otherwise ordered 12
by the court, the results of the trap and trace device shall be 13
furnished to the officer of a law enforcement agency, designated in 14
the court order, at reasonable intervals during regular business 15
hours for the duration of the order. 16
A provider of a wire or electronic communication service, 17
landlord, custodian, or other person who furnishes facilities or 18
technical assistance pursuant to this subsection shall be reasonably 19
compensated by the law enforcement agency that requests the 20
facilities or assistance for such reasonable expenses incurred in 21
providing such facilities and assistance. 22
No cause of action shall lie in any court against any provider of 23
a wire or electronic communication service, its officers, employees, 24
agents, or other specified persons for providing information, 25
facilities, or assistance in accordance with the terms of a court 26
order under this section. A good faith reliance on a court order 27
under this section, a request pursuant to this section, a legislative 28
authorization, or a statutory authorization is a complete defense 29
against any civil or criminal action brought under this chapter or 30
any other law. 31
(6)(a) Notwithstanding any other provision of this chapter, a law 32
enforcement officer and a prosecuting attorney or deputy prosecuting 33
attorney who jointly and reasonably determine in an ongoing criminal 34
investigation, or a law enforcement officer who reasonably determines 35
in a missing endangered person case, that there is probable cause to 36
believe that an emergency situation exists that involves immediate 37
danger of death or serious bodily injury to any person that requires 38
the installation and use of a pen register, trap and trace device, or 39
cell site simulator device before an order authorizing such 40
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installation and use can, with due diligence, be obtained, and there 1
are grounds upon which an order could be entered under this chapter 2
to authorize such installation and use, may have installed and use a 3
pen register, trap and trace device, or cell site simulator device 4
((if)). If such an action was taken pursuant to an ongoing criminal 5
investigation, law enforcement must obtain , within ((forty-eight)) 48 6
hours after the installation has occurred, or begins to occur, an 7
order approving the installation or use is issued in accordance with 8
subsection (4) of this section. In the absence of an authorizing 9
order, such use pursuant to an ongoing criminal investigation or to 10
locate a missing endangered person shall immediately terminate when 11
the information sought is obtained ((,)); when the application for the 12
order is denied ; or when ((forty-eight)) 48 hours have lapsed since 13
the installation of the pen register, trap and trace device, or cell 14
site simulator device ((,)); whichever is earlier. If an order 15
approving the installation or use is not obtained within ((forty-16
eight)) 48 hours, any information obtained is not admissible as 17
evidence in any legal proceeding. The knowing installation or use by 18
any law enforcement officer of a pen register, trap and trace device, 19
or cell site simulator device in an ongoing criminal investigation 20
pursuant to this subsection without application for the authorizing 21
order within ((forty-eight)) 48 hours of the installation shall 22
constitute a violation of this chapter and be punishable as a gross 23
misdemeanor. A provider of a wire or electronic service, landlord, 24
custodian, or other person who furnished facilities or technical 25
assistance pursuant to this subsection shall be reasonably 26
compensated by the law enforcement agency that requests the 27
facilities or assistance for such reasonable expenses incurred in 28
providing such facilities and assistance. 29
(b) A law enforcement agency that authorizes the installation of 30
a pen register, trap and trace device, or cell site simulator device 31
under this subsection (6) shall file a monthly report with the 32
administrator for the courts. The report shall indicate the number of 33
authorizations made, the date and time of each authorization, whether 34
a court authorization was sought within ((forty-eight)) 48 hours, and 35
whether a subsequent court authorization was granted.36
(c) A law enforcement agency authorized to use a cell site 37
simulator device in accordance with this section must: (i) Take all 38
steps necessary to limit the collection of any information or 39
metadata to the target specified in the applicable court order; (ii) 40
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take all steps necessary to permanently delete any information or 1
metadata collected from any party not specified in the applicable 2
court order immediately following such collection and must not 3
transmit, use, or retain such information or metadata for any purpose 4
whatsoever; and (iii) delete any information or metadata collected 5
from the target specified in the court order within ((thirty)) 30 6
days if there is no longer probable cause to support the belief that 7
such information or metadata is evidence of a crime.8
(d) If a law enforcement agency has not obtained a court order 9
approving the use of a cell site simulator device in accordance with 10
this section within 48 hours, or if the application for the court 11
order is denied, the law enforcement agency must take all steps 12
necessary to permanently delete any information or metadata collected 13
from any party upon expiration of the 48 hours or upon denial of the 14
court order, and must not transmit, use, or retain such information 15
or metadata for any purpose whatsoever.16
(7)(a) If an application for the installation and use of a pen 17
register, trap and trace device, or cell site simulator device is for 18
the purpose of investigating or recovering evidence that relates to 19
an investigation that alleges criminal liability for the provision, 20
receipt, attempted provision or receipt, assistance in the provision 21
or receipt, or attempted assistance in the provision or receipt of 22
protected health care services as defined in RCW 7.115.010 that are 23
lawful in the state of Washington, the applicant shall include an 24
attestation, made under penalty of perjury, stating that the 25
application seeks information related to the provision, receipt, 26
attempted provision or receipt, assistance in the provision or 27
receipt, or attempted assistance in the provision or receipt of 28
protected health care services as defined in RCW 7.115.010 that are 29
lawful in the state of Washington. 30
(b) The court shall not issue an order for the installation and 31
use of pen registers, trap and trace devices, and cell site simulator 32
devices for the purpose of investigating or recovering evidence that 33
relates to an investigation that alleges criminal liability for the 34
provision, receipt, attempted provision or receipt, assistance in the 35
provision or receipt, or attempted assistance in the provision or 36
receipt of protected health care services as defined in RCW 7.115.010 37
that are lawful in the state of Washington. 38
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Sec. 2. RCW 10.79.035 and 2014 c 93 s 3 are each amended to read 1
as follows: 2
(1) Any magistrate as defined by RCW 2.20.010, when satisfied 3
that there is probable cause, may (([,])), upon application supported 4
by oath or affirmation, issue a search warrant to search for and 5
seize any: (a) Evidence of a crime; (b) contraband, the fruits of 6
crime, or things otherwise criminally possessed; (c) weapons or other 7
things by means of which a crime has been committed or reasonably 8
appears about to be committed; ((or)) (d) person for whose arrest 9
there is probable cause or who is unlawfully restrained ; or (e) 10
evidence that may aid in locating a missing endangered person.11
(2) The application may be provided or transmitted to the 12
magistrate by telephone, email, or any other reliable method.13
(3) If the magistrate finds that probable cause for the issuance 14
of a warrant exists, the magistrate must issue a warrant or direct an 15
individual whom the magistrate authorizes to affix the magistrate's 16
signature to a warrant identifying the property or person and naming 17
or describing the person, place, or thing to be searched. The 18
magistrate may communicate permission to affix the magistrate's 19
signature to the warrant by telephone, email, or any other reliable 20
method. 21
(4) The evidence in support of the finding of probable cause and 22
a record of the magistrate's permission to affix the magistrate's 23
signature to the warrant shall be preserved and shall be filed with 24
the issuing court as required by CrRLJ 2.3 or CrR 2.3.25
NEW SECTION. Sec. 3. A new section is added to chapter 10.79 26
RCW to read as follows: 27
A court may consider the following nonexclusive list of factors 28
when asked to determine whether there is probable cause for a law 29
enforcement officer to perform community caretaking functions to help 30
locate a missing endangered person under RCW 9.73.260 when the 31
current whereabouts of the person is unknown: 32
(1) The person has a recent history of suicidal ideation;33
(2) The person has an apparent lack of access to prescribed 34
medications; 35
(3) The person left behind personal items that one would expect 36
them to take if their disappearance was voluntary, such as 37
identification, money, financial access devices, cell phone, and 38
their regular means of transportation; 39
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(4) The disappearance involves an unusual and unexplained absence 1
from work, school, or other regularly scheduled activity;2
(5) The person is a minor who lacks the skills for long-term 3
self-care and safety; 4
(6) There is evidence to suggest the person is suffering a 5
significant mental health crisis leaving them unable to manage the 6
person's care and safety; 7
(7) The person was the primary caregiver for another person or 8
animal and they made no effort to arrange for a continuation of care;9
(8) The location and conditions in the area where the person is 10
suspected to be located, combined with their available resources, are 11
not consistent with long-term survival; 12
(9) The person has a developmental disability as defined in RCW 13
71A.10.020; 14
(10) The person is a vulnerable adult as defined in RCW 15
74.34.020; 16
(11) The person is a minor for whom law enforcement can identify 17
multiple risk factors that are indicative that the minor is a current 18
victim of human trafficking or commercial sexual exploitation; or19
(12) The person is believed to have Alzheimer's disease or other 20
age-related dementia that inhibits the person's ability to manage the 21
person's care and safety. 22
Sec. 4. RCW 13.60.010 and 2022 c 256 s 2 are each amended to 23
read as follows: 24
(1) The Washington state patrol shall establish a missing 25
children and endangered person clearinghouse which shall include the 26
maintenance and operation of a toll-free telephone hotline. The 27
clearinghouse shall distribute information to local law enforcement 28
agencies, school districts, the department of children, youth, and 29
families, and the general public regarding missing children and 30
endangered persons. The information shall include pictures, 31
bulletins, training sessions, reports, and biographical materials 32
that will assist in local law enforcement efforts to locate missing 33
children and endangered persons. The state patrol shall also maintain 34
a regularly updated computerized link with national and other 35
statewide missing person systems or clearinghouses, and within 36
existing resources, shall develop and implement a plan, commonly 37
known as an "amber alert plan" or an "endangered missing person 38
advisory plan" which includes (("silver alert" and )) "ebony alert," 39
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"missing indigenous person alert ," "silver alert," and "purple alert" 1
designations for voluntary cooperation between local, state, tribal, 2
and other law enforcement agencies, state government agencies, radio 3
and television stations, cable and satellite systems, and social 4
media pages and sites to enhance the public's ability to assist in 5
recovering abducted children and missing endangered persons 6
consistent with the state endangered missing person advisory plan.7
(2) For the purposes of this chapter: 8
(a) "Child" or "children" means an individual under 18 years of 9
age. 10
(b) "Missing endangered person" means: 11
(i) A missing black person;12
(ii) A missing indigenous woman or indigenous person; ((or13
(ii))) (iii) A person who is believed to be in danger because of 14
age((,)); health((, mental or )); physical, mental, or sensory 15
disability((, in combination with environmental or weather 16
conditions, or)); or suicidal ideation; and is believed to be unable 17
to return to safety without assistance ((and who is:18
(A)));19
(iv) A person with a developmental disability as defined in RCW 20
71A.10.020(((5))); 21
(((B))) (v) A vulnerable adult as defined in RCW 74.34.020; or22
(((C))) (vi) A person who has been diagnosed as having 23
Alzheimer's disease or other age-related dementia.24
(c) "Ebony alert" means the designated title of a missing 25
endangered person advisory that will be used on a variable message 26
sign and text of the highway advisory radio message when used as part 27
of an activated advisory to assist in the recovery of a missing black 28
person.29
(d) "Physical, mental, or sensory disability" has the same 30
meaning as in RCW 74.29.010.31
(e) "Missing indigenous person alert" means the designated title 32
of a missing endangered person advisory that will be used on a 33
variable message sign and text of the highway advisory radio message 34
when used as part of an activated advisory to assist in the recovery 35
of a missing indigenous person. 36
(((d))) (f) "Silver alert" means the designated title of a 37
missing endangered person advisory that will be used on a variable 38
message sign and text of the highway advisory radio message when used 39
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as part of an activated advisory to assist in the recovery of a 1
missing endangered person age 60 or older. 2
(g) "Purple alert" means the designated title of a missing 3
endangered person advisory that will be used on a variable message 4
sign and text of the highway advisory radio message when used as part 5
of an activated advisory to assist in the recovery of a missing 6
person with a disability.7
Sec. 5. RCW 42.56.240 and 2024 c 299 s 2 and 2024 c 298 s 21 are 8
each reenacted and amended to read as follows: 9
The following investigative, law enforcement, and crime victim 10
information is exempt from public inspection and copying under this 11
chapter: 12
(1) Specific intelligence information and specific investigative 13
records compiled by investigative, law enforcement, and penology 14
agencies, and state agencies vested with the responsibility to 15
discipline members of any profession, the nondisclosure of which is 16
essential to effective law enforcement or for the protection of any 17
person's right to privacy; 18
(2) Information revealing the identity of persons who are 19
witnesses to or victims of crime or who file complaints with 20
investigative, law enforcement, or penology agencies, other than the 21
commission, if disclosure would endanger any person's life, physical 22
safety, or property. If at the time a complaint is filed the 23
complainant, victim, or witness indicates a desire for disclosure or 24
nondisclosure, such desire shall govern. However, all complaints 25
filed with the commission about any elected official or candidate for 26
public office must be made in writing and signed by the complainant 27
under oath; 28
(3) Any records of investigative reports prepared by any state, 29
county, municipal, or other law enforcement agency pertaining to sex 30
offenses contained in chapter 9A.44 RCW or sexually violent offenses 31
as defined in RCW 71.09.020, which have been transferred to the 32
Washington association of sheriffs and police chiefs for permanent 33
electronic retention and retrieval pursuant to RCW 40.14.070(2)(b);34
(4) License applications under RCW 9.41.070, except that copies 35
of license applications or information on the applications may be 36
released to law enforcement or corrections agencies or to persons and 37
entities as authorized under RCW 9.41.815; 38
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(5)(a) Information revealing the specific details that describe 1
an alleged or proven child victim of sexual assault or commercial 2
sexual exploitation under age 18, or the identity or contact 3
information of an alleged or proven child victim of sexual assault or 4
commercial sexual exploitation who is under age 18. Identifying 5
information includes the child victim's name, addresses, location, 6
photograph, and in cases in which the child victim is a relative, 7
stepchild, or stepsibling of the alleged perpetrator, identification 8
of the relationship between the child and the alleged perpetrator. 9
Contact information includes phone numbers, email addresses, social 10
media profiles, and user names and passwords. 11
(b) For purposes of this subsection (5), "commercial sexual 12
exploitation" has the same meaning as in RCW 7.105.010;13
(6) Information contained in a local or regionally maintained 14
gang database as well as the statewide gang database referenced in 15
RCW 43.43.762; 16
(7) Data from the electronic sales tracking system established in 17
RCW 69.43.165; 18
(8) Information submitted to the statewide unified sex offender 19
notification and registration program under RCW 36.28A.040(6) by a 20
person for the purpose of receiving notification regarding a 21
registered sex offender, including the person's name, residential 22
address, and email address; 23
(9) Personally identifying information collected by law 24
enforcement agencies pursuant to local security alarm system programs 25
and vacation crime watch programs. Nothing in this subsection shall 26
be interpreted so as to prohibit the legal owner of a residence or 27
business from accessing information regarding his or her residence or 28
business; 29
(10) The felony firearm offense conviction database of felony 30
firearm offenders established in RCW 43.43.822; 31
(11) The identity of a state employee or officer who has in good 32
faith filed a complaint with an ethics board, as provided in RCW 33
42.52.410, or who has in good faith reported improper governmental 34
action, as defined in RCW 42.40.020, to the auditor or other public 35
official, as defined in RCW 42.40.020; 36
(12) The following security threat group information collected 37
and maintained by the department of corrections pursuant to RCW 38
72.09.745: (a) Information that could lead to the identification of a 39
person's security threat group status, affiliation, or activities; 40
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(b) information that reveals specific security threats associated 1
with the operation and activities of security threat groups; and (c) 2
information that identifies the number of security threat group 3
members, affiliates, or associates; 4
(13) The global positioning system data that would indicate the 5
location of the residence of an employee or worker of a criminal 6
justice agency as defined in RCW 10.97.030; 7
(14) Body worn camera recordings to the extent nondisclosure is 8
essential for the protection of any person's right to privacy as 9
described in RCW 42.56.050, including, but not limited to, the 10
circumstances enumerated in (a) of this subsection. A law enforcement 11
or corrections agency shall not disclose a body worn camera recording 12
to the extent the recording is exempt under this subsection.13
(a) Disclosure of a body worn camera recording is presumed to be 14
highly offensive to a reasonable person under RCW 42.56.050 to the 15
extent it depicts: 16
(i)(A) Any areas of a medical facility, counseling, or 17
therapeutic program office where: 18
(I) A patient is registered to receive treatment, receiving 19
treatment, waiting for treatment, or being transported in the course 20
of treatment; or 21
(II) Health care information is shared with patients, their 22
families, or among the care team; or 23
(B) Information that meets the definition of protected health 24
information for purposes of the health insurance portability and 25
accountability act of 1996 or health care information for purposes of 26
chapter 70.02 RCW; 27
(ii) The interior of a place of residence where a person has a 28
reasonable expectation of privacy; 29
(iii) An intimate image; 30
(iv) A minor; 31
(v) The body of a deceased person; 32
(vi) The identity of or communications from a victim or witness 33
of an incident involving domestic violence as defined in RCW 34
10.99.020 or sexual assault as defined in RCW 70.125.030, or 35
disclosure of intimate images as defined in RCW 9A.86.010. If at the 36
time of recording the victim or witness indicates a desire for 37
disclosure or nondisclosure of the recorded identity or 38
communications, such desire shall govern; or 39
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(vii) The identifiable location information of a community-based 1
domestic violence program as defined in RCW 70.123.020, or emergency 2
shelter as defined in RCW 70.123.020. 3
(b) The presumptions set out in (a) of this subsection may be 4
rebutted by specific evidence in individual cases. 5
(c) In a court action seeking the right to inspect or copy a body 6
worn camera recording, a person who prevails against a law 7
enforcement or corrections agency that withholds or discloses all or 8
part of a body worn camera recording pursuant to (a) of this 9
subsection is not entitled to fees, costs, or awards pursuant to RCW 10
42.56.550 unless it is shown that the law enforcement or corrections 11
agency acted in bad faith or with gross negligence.12
(d) A request for body worn camera recordings must:13
(i) Specifically identify a name of a person or persons involved 14
in the incident; 15
(ii) Provide the incident or case number; 16
(iii) Provide the date, time, and location of the incident or 17
incidents; or 18
(iv) Identify a law enforcement or corrections officer involved 19
in the incident or incidents. 20
(e)(i) A person directly involved in an incident recorded by the 21
requested body worn camera recording, an attorney representing a 22
person directly involved in an incident recorded by the requested 23
body worn camera recording, a person or his or her attorney who 24
requests a body worn camera recording relevant to a criminal case 25
involving that person, or the executive director from either the 26
Washington state commission on African American affairs, Asian 27
Pacific American affairs, or Hispanic affairs, has the right to 28
obtain the body worn camera recording, subject to any exemption under 29
this chapter or any applicable law. In addition, an attorney who 30
represents a person regarding a potential or existing civil cause of 31
action involving the denial of civil rights under the federal or 32
state Constitution, or a violation of a United States department of 33
justice settlement agreement, has the right to obtain the body worn 34
camera recording if relevant to the cause of action, subject to any 35
exemption under this chapter or any applicable law. The attorney must 36
explain the relevancy of the requested body worn camera recording to 37
the cause of action and specify that he or she is seeking relief from 38
redaction costs under this subsection (14)(e). 39
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(ii) A law enforcement or corrections agency responding to 1
requests under this subsection (14)(e) may not require the requesting 2
individual to pay costs of any redacting, altering, distorting, 3
pixelating, suppressing, or otherwise obscuring any portion of a body 4
worn camera recording. 5
(iii) A law enforcement or corrections agency may require any 6
person requesting a body worn camera recording pursuant to this 7
subsection (14)(e) to identify himself or herself to ensure he or she 8
is a person entitled to obtain the body worn camera recording under 9
this subsection (14)(e). 10
(f)(i) A law enforcement or corrections agency responding to a 11
request to disclose body worn camera recordings may require any 12
requester not listed in (e) of this subsection to pay the reasonable 13
costs of redacting, altering, distorting, pixelating, suppressing, or 14
otherwise obscuring any portion of the body worn camera recording 15
prior to disclosure only to the extent necessary to comply with the 16
exemptions in this chapter or any applicable law. 17
(ii) An agency that charges redaction costs under this subsection 18
(14)(f) must use redaction technology that provides the least costly 19
commercially available method of redacting body worn camera 20
recordings, to the extent possible and reasonable.21
(iii) In any case where an agency charges a requestor for the 22
costs of redacting a body worn camera recording under this subsection 23
(14)(f), the time spent on redaction of the recording shall not count 24
towards the agency's allocation of, or limitation on, time or costs 25
spent responding to public records requests under this chapter, as 26
established pursuant to local ordinance, policy, procedure, or state 27
law. 28
(g) For purposes of this subsection (14): 29
(i) "Body worn camera recording" means a video and/or sound 30
recording that is made by a body worn camera attached to the uniform 31
or eyewear of a law enforcement or corrections officer while in the 32
course of his or her official duties; and 33
(ii) "Intimate image" means an individual or individuals engaged 34
in sexual activity, including sexual intercourse as defined in RCW 35
9A.44.010 and masturbation, or an individual's intimate body parts, 36
whether nude or visible through less than opaque clothing, including 37
the genitals, pubic area, anus, or postpubescent female nipple.38
(h) Nothing in this subsection shall be construed to restrict 39
access to body worn camera recordings as otherwise permitted by law 40
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for official or recognized civilian and accountability bodies or 1
pursuant to any court order. 2
(i) Nothing in this section is intended to modify the obligations 3
of prosecuting attorneys and law enforcement under Brady v. Maryland, 4
373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), Kyles v. 5
Whitley, 541 U.S. 419, 115 S. Ct. 1555, 131 L. Ed.2d 490 (1995), and 6
the relevant Washington court criminal rules and statutes.7
(j) A law enforcement or corrections agency must retain body worn 8
camera recordings for at least 60 days and thereafter may destroy the 9
records in accordance with the applicable records retention schedule;10
(15) Any records and information contained within the statewide 11
sexual assault kit tracking system established in RCW 43.43.545;12
(16)(a) Survivor communications with, and survivor records 13
maintained by, campus-affiliated advocates. 14
(b) Nothing in this subsection shall be construed to restrict 15
access to records maintained by a campus-affiliated advocate in the 16
event that: 17
(i) The survivor consents to inspection or copying;18
(ii) There is a clear, imminent risk of serious physical injury 19
or death of the survivor or another person; 20
(iii) Inspection or copying is required by federal law; or21
(iv) A court of competent jurisdiction mandates that the record 22
be available for inspection or copying. 23
(c) "Campus-affiliated advocate" and "survivor" have the 24
definitions in RCW 28B.112.030; 25
(17) Information and records prepared, owned, used, or retained 26
by the Washington association of sheriffs and police chiefs and 27
information and records prepared, owned, used, or retained by the 28
Washington state patrol pursuant to chapter 261, Laws of 2017;29
(18) Any and all audio or video recordings of child forensic 30
interviews as defined in chapter 26.44 RCW. Such recordings are 31
confidential and may only be disclosed pursuant to a court order 32
entered upon a showing of good cause and with advance notice to the 33
child's parent, guardian, or legal custodian. However, if the child 34
is an emancipated minor or has attained the age of majority as 35
defined in RCW 26.28.010, advance notice must be to the child. 36
Failure to disclose an audio or video recording of a child forensic 37
interview as defined in chapter 26.44 RCW is not grounds for 38
penalties or other sanctions available under this chapter; ((and))39
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(19) Information exempt from public disclosure and copying under 1
RCW 43.10.305(2)(f); and2
(20)(a) Information obtained by a law enforcement officer in the 3
course of the officer's official duties during a missing endangered 4
person investigation where nondisclosure of the information is 5
necessary to protect any person's life, physical safety, or property 6
and the person has not consented to the disclosure.7
(b) "Missing endangered person" has the same meaning as in RCW 8
13.60.010.9
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