Wash. Rev. Code § 10.122.010
Short title
This chapter may be known and cited as the uniform electronic recordation of custodial interrogations act.
Revised Code of Washington Chapter 10.122 — Uniform Electronic Recordation of Custodial Interrogations Act
Washington · statute · Wash. Rev. Code ch. 10.122 · 21 active provisions
Wash. Rev. Code § 10.122.020
Definitions
In this chapter:(1) "Custodial interrogation" means express questioning or other actions or words by a law enforcement officer which are reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody.(2) "Ele…
Wash. Rev. Code § 10.122.030
Electronic recording requirement
(1) Except as otherwise provided by RCW 10.122.050 through 10.122.100, a custodial interrogation, including the giving of any required warning, advice of the rights of the individual being questioned, and the waiver of any rights by the individual, must be recorded electronically in its entirety if the interrogation su…
Wash. Rev. Code § 10.122.040
Consent not required—Notice
Notwithstanding RCW 9.73.030 and 9.73.090, a law enforcement officer conducting a custodial interrogation is not required to obtain consent to electronic recording from the individual being interrogated, but must inform the individual that an electronic recording is being made of the interrogation. This chapter does no…
Wash. Rev. Code § 10.122.050
Exception for exigent circumstances
A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if recording is not feasible because of exigent circumstances. The law enforcement officer conducting the interrogation shall record electronically an explanation of the exigent circumstances before conducting the in…
Wash. Rev. Code § 10.122.060
Exception for individual's refusal to be recorded electronically
(1) A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if the individual to be interrogated indicates that the individual will not participate in the interrogation if it is recorded electronically. If feasible, the agreement to participate without recording must be r…
Wash. Rev. Code § 10.122.070
Exception for interrogation conducted by other jurisdiction
If a custodial interrogation occurs in another state in compliance with that state's law or is conducted by a federal law enforcement agency in compliance with federal law, the interrogation need not be recorded electronically unless the interrogation is conducted with intent to avoid the requirement of electronic reco…
Wash. Rev. Code § 10.122.080
Exception based on belief recording not required
(1) A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if the interrogation occurs when no law enforcement officer conducting the interrogation has knowledge of facts and circumstances that would lead an officer reasonably to believe that the individual being interro…
Wash. Rev. Code § 10.122.090
Exception for safety of individual or protection of identity
A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if a law enforcement officer conducting the interrogation or the officer's superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an…
Wash. Rev. Code § 10.122.100
Exception for equipment malfunction
(1) All or part of a custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically to the extent that recording is not feasible because the available electronic recording equipment fails, despite reasonable maintenance of the equipment, and timely repair or replacement is not fea…
Wash. Rev. Code § 10.122.110
Burden of persuasion
If the prosecution relies on an exception in RCW 10.122.050 through 10.122.100 to justify a failure to record electronically a custodial interrogation, the prosecution must prove by a preponderance of the evidence that the exception applies.
Wash. Rev. Code § 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 with written notice o…
Wash. Rev. Code § 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 whet…
Wash. Rev. Code § 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…
Wash. Rev. Code § 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 of a custodial interrogatio…
Wash. Rev. Code § 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) This ch…
Wash. Rev. Code § 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…
Wash. Rev. Code § 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.
Wash. Rev. Code § 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.
Wash. Rev. Code § 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 of the notices described in section 103(b) of tha…
Wash. Rev. Code § 10.122.900
Effective date—2021 c 329
Sections 1 through 20 of this act take effect January 1, 2022.