RCW 10.122.130
Procedural remedies.
(1) Unless the court finds that an exception in RCW 10.122.050 through 10.122.100 applies, the court shall consider the failure to record electronically all or part of a custodial interrogation to which RCW 10.122.030 applies in determining whether a statement made during the interrogation is admissible, including whether it was voluntarily made.
(2) If the court admits into evidence a statement made during a custodial interrogation that was not recorded electronically in compliance with RCW 10.122.030, the court shall afford the defendant the opportunity to present to the jury the fact that the statement was not recorded electronically in compliance with RCW 10.122.030.
[ 2021 c 329 § 13.]
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.