1 of delay. The appeal shall be taken within the time specified by the 2 3 4 rules of court and shall be diligently prosecuted. NEW SECTION. Sec. 22. Within thirty days after the expiration of an order or an extension or renewal thereof entered 5 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 (3) The order was granted as applied for, was modified, or was 11 denied; 12 (4) The period of time for which such interceptions are 13 authorized by the order, and the number and duration of any extensions or renewals of the order; 14 15 16 17 18 19 20 21 22 23 (5) The offense specified in the order, Ог extension or renewal of an order; (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 superior court authorized to issue orders pursuant to this act shall make annual reports on the operation of this act to the administrator The reports by the judges shall contain (1) the 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 28 renewals thereof; (5) the crimes in connection with which the conversations were sought; (6) the names of the applicants; and (7) 29 30 such other and further particulars as the administrator for the courts may require. The chief justice of the supreme court shall annually report the governor and the legislature on such aspects of the operation 37-583 O 74 pt. 2 42 20 21 22 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 ΟΙ oral is intercepted, disclosed or used in violation of this act shall have a civil cause of action against any person ΟΙ agency who intercepts, discloses, or uses or procures any other person to intercept, disclose, or use, such communication in violation of this act; and shall be entitled to recover from any such person: damages (1) Actual damages, but not less than liquidated 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 portion NEW SECTION. Sec. 26. If any section, subsection or ΟΙ provision of any section or sections of this act or the application thereof by or to any person or circumstances is declared 23 invalid, the remainder of the section or sections or subsection of 24 25 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 are each repealed: 26 27 28 (1) Section 1, chapter 93, Laws of 1967 ex. sess. and RCW SENATE BILL NO. 3094 State of Washington 43rd Legislature 3rd Extraordinary Session By Senators Mardesich, Woody and Francis Read first time January 17, 1974, and referred to JUDICIARY COMMITTEE. 1 2 3 4 5 6 7 2, AN ACT Relating to criminal record information; amending section 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, Lavs of 1972 ex. sess. and RCW 43.43.740; adding a new chapter to Title 10 RCW; and prescribing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 11 12 agency 13 15 (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 person is or has been in jail in connection with pending charges, records indicating that a named person has forfeited bail. (3) "Conviction record" means a final judgment of conviction 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 25 such crime. 26 (4) "Criminal record information" includes arrest records and records and abstracts thereof as vell as records 27 conviction 1 maintained by any public agency regarding the detention, probation, 2 parole, ΟΙ release of a named person who has been convicted of a 3 crime for which a jail ter may be assessed. 6 this chapter, it shall be unlawful for any person or organization to 7 maintain, use, disclose, disseminate, ΟΙ publish criminal record 8 information. Sec. 3. USE OF CRIMINAL RECORD INFORMATION. 11 12 purposes. (2) It shall be unlawful for arrest records to be used for 15 16 INFORMATION. (1) No arrest record may be disseminated to any federal law enforcement agency or a law enforcement agency of any other state 17 until a final judgment of conviction of a crime is obtained based on the conduct which is the subject of such arrest record. 18 19 20 21 (2) No arrest record shall be disseminated to any individual, partnership, corporation, or association. NEW SECTION. Sec. 5. MAINTENANCE OF ARREST RECORDS. In the 23 24 22 event that an arrest does not result in a conviction of a crime the arrest record relating to such arrest shall be destroyed by every law enforcement agency having such record within one hundred twenty days 25 after such arrest. If an arrest results in a conviction of a crime which is subsequently reversed by any court, such record shall also 27 be destroyed within sixty days of the time the reversal becomes 26 28 final. 29 NEW SECTION. Sec. 6. USE OF CRIMINAL RECORD BY NEWS MEDIA. 30 (1) Except as provided in subsection (2) of this section, information contained in current criminal record information except that which would tend to disclose the identity of the arrestee or convict may be disseminated to, and disclosed by, the news media for the purpose of 31 32 33 |