RCW 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 officer, the individual being interrogated, or another individual. If feasible and consistent with the safety of a confidential informant, an explanation of the basis for the belief that electronic recording would disclose the informant's identity must be recorded electronically at the time of the interrogation. If contemporaneous recording of the basis for the belief is not feasible, the recording must be made as soon as practicable after the interrogation is completed.
[ 2021 c 329 § 9.]
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.