RCW 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 recorded electronically.
(2) If, during a custodial interrogation to which RCW 10.122.030 otherwise applies, the individual being interrogated indicates that the individual will not participate in further interrogation unless electronic recording ceases, the remainder of the custodial interrogation need not be recorded electronically. If feasible, the individual's agreement to participate without further recording must be recorded electronically.
(3) A law enforcement officer, with intent to avoid the requirement of electronic recording in RCW 10.122.030, may not encourage an individual to request that a recording not be made.
[ 2021 c 329 § 6.]
Structure Revised Code of Washington
Chapter 10.122 - Uniform Electronic Recordation of Custodial Interrogations Act.
10.122.030 - Electronic recording requirement.
10.122.040 - Consent not required—Notice.
10.122.050 - Exception for exigent circumstances.
10.122.060 - Exception for individual's refusal to be recorded electronically.
10.122.070 - Exception for interrogation conducted by other jurisdiction.
10.122.080 - Exception based on belief recording not required.
10.122.090 - Exception for safety of individual or protection of identity.
10.122.100 - Exception for equipment malfunction.
10.122.110 - Burden of persuasion.
10.122.120 - Notice of intent to introduce unrecorded statement.
10.122.130 - Procedural remedies.
10.122.140 - Handling and preserving electronic recording.
10.122.150 - Policies and procedures relating to electronic recording.
10.122.160 - Limitation of liability.
10.122.170 - Self-authentication.
10.122.180 - No right to electronic recording or transcript.
10.122.190 - Application—Construction—2021 c 329.
10.122.200 - Relation to electronic signatures in global and national commerce act.