Washington Code 43.386.070 – Disclosure to criminal defendants — Retention of records — Reporting of surveillance warrants
Current as of: 2023 | Check for updates
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(1) A state or local government agency must disclose their use of a facial recognition service on a criminal defendant to that defendant in a timely manner prior to trial.
Terms Used In Washington Code 43.386.070
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) A state or local government agency using a facial recognition service shall maintain records of its use of the service that are sufficient to facilitate public reporting and auditing of compliance with the agency’s facial recognition policies.
(3) In January of each year, any judge who has issued a warrant for the use of a facial recognition service to engage in any surveillance, or an extension thereof, as described in RCW 43.386.080, that expired during the preceding year, or who has denied approval of such a warrant during that year shall report to the administrator for the courts:
(a) The fact that a warrant or extension was applied for;
(b) The fact that the warrant or extension was granted as applied for, was modified, or was denied;
(c) The period of surveillance authorized by the warrant and the number and duration of any extensions of the warrant;
(d) The identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and
(e) The nature of the public spaces where the surveillance was conducted.
(4) In January of each year, any state or local government agency that has applied for a warrant, or an extension thereof, for the use of a facial recognition service to engage in any surveillance as described in RCW 43.386.080 shall provide to a legislative authority a report summarizing nonidentifying demographic data of individuals named in warrant applications as subjects of surveillance with the use of a facial recognition service.
[ 2020 c 257 § 8.]