RCW 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.
[ 2021 c 329 § 11.]
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.