10.122.120 – Notice of intent to introduce unrecorded statement.
RCW 10.122.120 Notice of intent to introduce unrecorded statement. If the prosecution intends to introduce in its case in chief a statement made during a custodial interrogation to which RCW 10.122.030 applies which was not recorded electronically, the prosecution, not later than the time specified by the local rules governing discovery, shall serve the defendant […]
10.122.130 – Procedural remedies.
RCW 10.122.130 Procedural remedies. (1) Unless the court finds that an exception in RCW 10.122.050 through 10.122.100 applies, the court shall consider the failure to record electronically all or part of a custodial interrogation to which RCW 10.122.030 applies in determining whether a statement made during the interrogation is admissible, including whether it was voluntarily […]
10.122.140 – Handling and preserving electronic recording.
RCW 10.122.140 Handling and preserving electronic recording. Each law enforcement agency in this state shall establish and enforce procedures to ensure that the electronic recording of all or part of a custodial interrogation is identified, accessible, and preserved throughout the length of any resulting sentence, including any period of community custody extending through final discharge. […]
10.122.150 – Policies and procedures relating to electronic recording.
RCW 10.122.150 Policies and procedures relating to electronic recording. (1) Each law enforcement agency that is a governmental entity of this state shall adopt and enforce policies and procedures to implement this chapter. (2) The policies and procedures adopted under subsection (1) of this section must address the following topics: (a) How an electronic recording […]
10.122.160 – Limitation of liability.
RCW 10.122.160 Limitation of liability. (1) A law enforcement agency that is a governmental entity in this state which has implemented procedures reasonably designed to enforce the rules adopted pursuant to RCW 10.122.150 and ensure compliance with this chapter is not subject to civil liability for damages arising from a violation of this chapter. (2) […]
10.122.170 – Self-authentication.
RCW 10.122.170 Self-authentication. (1) In any pretrial or posttrial proceeding, an electronic recording of a custodial interrogation is self-authenticating if it is accompanied by a certificate of authenticity sworn under oath or affirmation by an appropriate law enforcement officer. (2) This chapter does not limit the right of an individual to challenge the authenticity of […]
10.122.180 – No right to electronic recording or transcript.
RCW 10.122.180 No right to electronic recording or transcript. (1) This chapter does not create a right of an individual to require a custodial interrogation to be recorded electronically. (2) This chapter does not require preparation of a transcript of an electronic recording of a custodial interrogation. [ 2021 c 329 § 18.]
10.122.190 – Application—Construction—2021 c 329.
RCW 10.122.190 Application—Construction—2021 c 329. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [ 2021 c 329 § 19.]
10.122.200 – Relation to electronic signatures in global and national commerce act.
RCW 10.122.200 Relation to electronic signatures in global and national commerce act. This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any […]
10.122.900 – Effective date—2021 c 329.
RCW 10.122.900 Effective date—2021 c 329. Sections 1 through 20 of this act take effect January 1, 2022. [ 2021 c 329 § 24.]