The bill seeks to strengthen the legal framework for the use of surveillance devices, such as pen registers and cell site simulators, in criminal investigations and cases involving missing endangered persons. It introduces definitions for "missing endangered person" and mandates that law enforcement obtain a court order before using these devices, except in emergencies where they can act without prior approval but must secure a court order within 48 hours. The bill also requires law enforcement to limit data collection to specific targets and delete any extraneous data immediately after collection, while establishing reporting requirements for emergency use to ensure accountability.
Additionally, the bill amends existing laws related to search warrants and the handling of missing endangered persons in Washington State. It expands the criteria for magistrates to issue search warrants to include evidence that may help locate missing endangered individuals and introduces a nonexclusive list of factors for courts to consider when determining probable cause for community caretaking functions. The legislation also updates definitions and procedures for the Washington State Patrol's missing persons clearinghouse, establishes a statewide missing persons website, and introduces new alert designations. It emphasizes the confidentiality of information obtained during investigations and clarifies law enforcement's responsibilities regarding public assistance recipients who may be missing.
Statutes affected: Original bill: 9.73.260, 7.115.010, 13.60.010
Substitute bill: 9.73.260, 7.115.010, 13.60.010, 36.28A.110, 36.28A.112, 36.28A.120, 74.04.062