1 4 act, or evidence derived therefrom, shall not be disclosed in any trial, hearing, or proceeding before any court of this state unless 3 not less than ten days before the trial, hearing, or proceeding the parties to the action have been served with a copy of the order and accompanying application under which the interception was authorized. 5 6 7 8 9 10 The service of inventory, order, and application required by this section may be waived by the court where it finds that the 11 hearing, ΟΙ proceeding in or before any court or other authority of 12 this state may move to suppress the contents of any intercepted wire oral communication, or evidence derived therefrom, on the grounds 13 Ог 14 15 that: (1) The communication was unlawfully intercepted; 16 17 18 19 21 24 (2) The order of authorization is insufficient on its face; (3) The interception was not made in conformity with the order of authorization. The The motion shall be made at least ten days before the trial, 20 hearing, or proceeding unless there was no opportunity to make the motion or the moving party was not aware of the grounds for the 22 motion. court, upon the filing of such motion by the aggrieved 23 person, may in his discretion make available to the aggrieved person ΟΙ his counsel for inspection such portions of the intercepted communication, or evidence derived therefrom, as the court determines to be in the interests of justice. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence 28 derived therefrom, shall not be received in evidence in the trial, 29 hearing, or proceeding. 25 26 27 30 31 32 In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress if the official to whom the order authorizing the intercept was granted 33 shall certify to the court that the appeal is not taken for purposes 1 2 3 of delay. The appeal shall be taken within the time specified by the rules of court and shall be diligently prosecuted. 4 5 NEW SECTION. Sec. 22. expiration of an order Within thirty days after the ΟΙ an extension or renewal thereof entered under this act or the denial of an order confirming verbal approval interception, the issuing or denying judge shall make a report to the administrator for the courts stating that: 7 8 9 (2) The kind of order applied for: (1) An order, extension, or renewal was applied for; 10 11 denied; 12 (3) The order was granted as applied for, was modified, or was (4) The period of time for which such 13 authorized by the order, and the number and extensions or renewals of the order; specified interceptions are duration of any in the order, ОГ extension ог 14 15 (5) The offense (6) The identity of the person authorizing the application and of the law enforcement officer and agency for whom it was made; and (7) The character of the facilities from which ог the place where the communications were to be intercepted. NEW SECTION. Sec. 23. In addition to reports required to be made by applicants pursuant to federal law, all judges of the 23 superior court authorized to issue orders pursuant to this act shall make annual reports on the operation of this act to the administrator 25 for the courts. The reports by the judges shall contain (1) the 24 28 26 number of applications made; (2) the number of orders issued; (3) the 27 effective periods of such orders; (4) the number and duration of any renewals thereof; (5) the crimes in connection with which the conversations were sought; (6) the names of the applicants; and (7) such other and further particulars as the administrator for the 31 courts may require. 29 30 32 33 The chief justice of the supreme court shall annually report to the governor and the legislature on such aspects of the operation 37-583 - 74 pt. 2 42 1 2 3 4 of this act as he deems appropriate including any recommendations for legislative changes or improvements to effectuate the purposes of this act and to assure and protect individual rights. NEW SECTION communication Sec. 24. Any person whose wire ΟΣ oral is intercepted, disclosed or used in violation of this act shall have a civil cause of action against any person ΟΙ agency or uses or procures any other person to 6 7 who intercepts, 8 9 10 11 12 13 14 15 16 17 18 19 20 discloses, intercept, disclose, or use, such communication in violation of this act; and shall be entitled to recover from any such person: (1) Actual damages, but not less than liquidated damages computed at the rate of one hundred dollars a day for each day of violation, or one thousand dollars, whichever is higher; (2) Punitive damages; and (3) A reasonable attorney's fee and other litigation costs reasonably incurred. NEW SECTION. Sec. 25. A good faith reliance on a court order authorizing the interception shall constitute a complete defense to a civil or criminal action brought under this act or to proceedings brought against a law enforcement officer. administrative 21 22 23 24 25 26 NEW SECTION. Sec. 26. If any section, subsection or portion ΟΙ provision of any section ΟΙ sections of this act ΟΙ the application thereof by or to any person or circumstances is declared invalid, the remainder of the section or sections or subsection of this act and the application thereof by ог to other persons or circumstances shall not be affected thereby. NEW SECTION. Sec. 27. The following acts or parts of acts (1) Section 1, chapter 93, Laws of 1967 ex. sess. and RCW State of Washington 43rd Legislature 3rd Extraordinary Session SENATE BILL NO. 3094 By Senators Mardesich, Woody and Francis Read first time January 17, 1974, and referred to JUDICIARY COMMITTEE. AN ACT Relating to criminal record information; amending section 2, chapter 152, Laws of 1972 ex. sess. and RCW 43.43.705; amending section 7, chapter 152, Laws of 1972 ex. sess. and RCW 43.43.730; amending section 9, chapter 152, Laws of 1972 ex. sess. and RCW 43.43.740; adding a new chapter to Title 10 RCW; and prescribing penalties. 1 2 3 4 5 6 7 8 NEW SECTION. 11 12 agency 13 15 16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: Section 1. DEFINITIONS. (1) "Law enforcement means any public agency which creates or stores criminal record information. (2) "Arrest record" means any entry by a law enforcement into written record or electronic data banks which identifies a particular person who has been arrested. The term "arrest record" 14 shall include, but shall not be limited to, the following: Photographs made of a person while under arrest, fingerprints taken of a person while under arrest, written offense reports describing the circumstances of an arrest, subjective evaluation by the investigating officer, records indicating the fact that a named 19 person is or has been in jail in connection with pending charges, 20 records indicating that a named person has forfeited bail. 17 18 21 (3) "Conviction record" means a final judgment of conviction 22 of a crime for which a jail term may be assessed, together with any subsequent orders or judgments of a court concerning the sentence, detention, probation, parole, ΟΙ release of a person convicted of (4) "Criminal record information" includes arrest records and records and abstracts thereof as well as records |