RCW 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 feasible.
(2) If both audio and video recording of a custodial interrogation are otherwise required by RCW 10.122.030, recording may be by audio alone if a technical problem in the video recording equipment prevents video recording, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.
(3) If both audio and video recording of a custodial interrogation are otherwise required by RCW 10.122.030, recording may be by video alone if a technical problem in the audio recording equipment prevents audio recording, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.
[ 2021 c 329 § 10.]
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.