Text of WA HB 1469 (2023)

AN ACT Relating to protecting access to reproductive health care 1 services and gender-affirming treatment in Washington state; amending 2 RCW 5.51.020, 5.56.010, 9.73.040, 9.73.260, 10.55.020, 10.88.250, 3 10.88.320, 10.88.330, 10.96.020, 10.96.040, and 40.24.030; adding a 4 new chapter to Title 7 RCW; prescribing penalties; and declaring an 5 emergency. 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 7 NEW SECTION. Sec. 1. This chapter may be known and cited as the 8 shield law. 9 NEW SECTION. Sec. 2. The definitions in this section apply 10 throughout this chapter unless the context clearly requires 11 otherwise. 12 (1) "Aggrieved party" means a person against whom an underlying 13 action is commenced based on the aggrieved party's provision, 14 receipt, attempted provision or receipt, assistance in the provision 15 or receipt, or attempted assistance in the provision or receipt of 16 protected health care services. 17 (2) "Gender-affirming treatment" means health services or 18 products that support and affirm an individual's gender identity, 19 including social, psychological, behavioral, and medical or surgical 20 H-0452.4 HOUSE BILL 1469 State of Washington 68th Legislature 2023 Regular Session By Representatives Hansen and Thai p. 1 HB 1469 interventions. Gender-affirming care services include, but are not 1 limited to, evaluation and treatments for gender dysphoria, gender- 2 affirming hormone therapy, and gender-affirming surgical procedures. 3 (3) "Protected health care services" means gender-affirming 4 treatment and reproductive health care services that are lawful in 5 the state of Washington. 6 (4) "Reproductive health care services" means all services, care, 7 or products of a medical, surgical, psychiatric, therapeutic, mental 8 health, behavioral health, diagnostic, preventative, rehabilitative, 9 supportive, counseling, referral, prescribing, or dispensing nature 10 relating to the human reproductive system including, but not limited 11 to, all services, care, and products relating to pregnancy, assisted 12 reproduction, contraception, miscarriage management, or the 13 termination of a pregnancy, including self-managed terminations. 14 (5) "Underlying action" means a civil, criminal, or 15 administrative proceeding, or any proceeding preliminary thereto. 16 PART I 17 CIVIL PROCEDURE 18 Sec. 3. RCW 5.51.020 and 2012 c 95 s 3 are each amended to read 19 as follows: 20 (1)(a) To request issuance of a subpoena under this section, a 21 party must submit a foreign subpoena to a clerk of court in the 22 county in which discovery is sought to be conducted in this state. A 23 request for the issuance of a subpoena under this chapter does not 24 constitute an appearance in the courts of Washington state. 25 (b) A request for issuance of any subpoena pursuant to this 26 section must include an attestation, made under penalty of perjury, 27 stating whether the subpoena seeks documents, information, or 28 testimony related to the provision, receipt, attempted provision or 29 receipt, assistance in the provision or receipt, or attempted 30 assistance in the provision or receipt of protected health care 31 services as defined in section 2 of this act that are lawful in the 32 state of Washington. Any false attestation submitted under this 33 section is subject to a statutory penalty of $10,000 per violation. 34 Submission of such attestation subjects the attester to the 35 jurisdiction of the courts of Washington state for any suit, penalty, 36 or damages arising out of a false attestation under this section. 37 p. 2 HB 1469 (2) ((When)) Except as provided in subsection (4) of this 1 section, when a party submits a foreign subpoena to a clerk of court 2 in this state, the clerk, in accordance with that court's procedure, 3 shall promptly issue a subpoena for service upon the person to which 4 the foreign subpoena is directed. 5 (3) A subpoena under subsection (2) of this section must: 6 (a) Incorporate the terms used in the foreign subpoena; and 7 (b) Contain or be accompanied by the names, addresses, and 8 telephone numbers of all counsel of record in the proceeding to which 9 the subpoena relates and of any party not represented by counsel. 10 (4) If a party submits a foreign subpoena to a clerk of court in 11 this state that seeks documents, information, or testimony that 12 relate to protected health care services, as defined in section 2 of 13 this act, the clerk shall not issue a subpoena for service and shall 14 present the request to the court for action. The court shall review 15 the foreign subpoena and shall not issue a subpoena for service and 16 shall quash any existing subpoena issued by the court if the subpoena 17 is for documents, information, or testimony that relates to protected 18 health care services as defined in section 2 of this act, unless the 19 subpoena seeks documents, information, or testimony related to: 20 (a) An out-of-state action that is founded in tort, contract, or 21 statute, for which a similar claim would exist under the laws of this 22 state, that is brought by a person or the person's authorized legal 23 representative, for damages suffered by the person or damages derived 24 from an individual's loss of consortium of the person; or 25 (b) An out-of-state action that is founded in contract, and for 26 which a similar claim would exist under the laws of this state, that 27 is brought or sought to be enforced by a party with a contractual 28 relationship with the person that is the subject of the subpoena. 29 Sec. 4. RCW 5.56.010 and 2011 c 336 s 141 are each amended to 30 read as follows: 31 ((Any)) Except as provided in section 13 of this act, any person 32 may be compelled to attend as a witness before any court of record, 33 judge, commissioner, or referee, in any civil action or proceeding in 34 this state. No such person shall be compelled to attend as a witness 35 in any civil action or proceeding unless the fees ((be)) are paid or 36 tendered ((him or her)) to such person which are allowed by law for 37 one day's attendance as a witness and for traveling to and returning 38 from the place where he or she is required to attend, together with 39 p. 3 HB 1469 any allowance for meals and lodging theretofore fixed as specified 1 herein: PROVIDED, That such fees be demanded by any witness residing 2 within the same county where such court of record, judge, 3 commissioner, or referee is located, or within twenty miles of the 4 place where such court is located, at the time of service of the 5 subpoena: PROVIDED FURTHER, That a party desiring the attendance of a 6 witness residing outside of the county in which such action or 7 proceeding is pending, or more than twenty miles of the place where 8 such court is located, shall apply ex parte to such court, or to the 9 judge, commissioner, referee, or clerk thereof, who, if such 10 application be granted and a subpoena issued, shall fix without 11 notice an allowance for meals and lodging, if any to be allowed, 12 together with necessary travel expenses, and the amounts so fixed 13 shall be endorsed upon the subpoena and tendered to such witness at 14 the time of the service of the subpoena: PROVIDED FURTHER, That the 15 court shall fix and allow at or after trial such additional amounts 16 for meals, lodging, and travel as it may deem reasonable for the 17 attendance of such witness. 18 PART II 19 CRIMINAL PROCEDURE 20 Sec. 5. RCW 9.73.040 and 1967 ex.s. c 93 s 2 are each amended to 21 read as follows: 22 (1) An ex parte order for the interception of any communication 23 or conversation listed in RCW 9.73.030 may be issued by any superior 24 court judge in the state upon verified application of either the 25 state attorney general or any county prosecuting attorney setting 26 forth fully facts and circumstances upon which the application is 27 based and stating ((that)): 28 (a) ((There)) That there are reasonable grounds to believe that 29 national security is endangered, that a human life is in danger, that 30 arson is about to be committed, or that a riot is about to be 31 committed((, and)); 32 (b) ((There)) That there are reasonable grounds to believe that 33 evidence will be obtained essential to the protection of national 34 security, the preservation of human life, or the prevention of arson 35 or a riot((, and)); 36 (c) ((There)) If the application seeks communications or 37 conversations related to an investigation that alleges criminal 38 p. 4 HB 1469 liability for the provision, receipt, attempted provision or receipt, 1 assistance in the provision or receipt, or attempted assistance in 2 the provision or receipt of protected health care services as defined 3 in section 2 of this act that are lawful in the state of Washington, 4 that such communications or conversations are being sought; and 5 (d) That there are no other means readily available for obtaining 6 such information. 7 (2) Where statements are solely upon the information and belief 8 of the applicant, the grounds for the belief must be given. 9 (3) The applicant must state whether any prior application has 10 been made to obtain such communications on the same instrument or for 11 the same person and if such prior application exists the applicant 12 shall disclose the current status thereof. 13 (4) The application and any order issued under RCW 9.73.030 14 through 9.73.080 shall identify as fully as possible the particular 15 equipment, lines or location from which the information is to be 16 obtained and the purpose thereof. 17 (5) The court may examine upon oath or affirmation the applicant 18 and any witness the applicant desires to produce or the court 19 requires to be produced. 20 (6) Orders issued under this section shall be effective for 21 fifteen days, after which period the court which issued the order may 22 upon application of the officer who secured the original order renew 23 or continue the order for an additional period not to exceed fifteen 24 days. 25 (7) No order issued under this section shall authorize or purport 26 to authorize any activity which would violate any laws of the United 27 States. 28 (8) The court shall not issue an order for the interception of 29 any communication or conversation for the purpose of investigating or 30 recovering evidence that relates to an investigation that alleges 31 criminal liability for the provision, receipt, attempted provision or 32 receipt, assistance in the provision or receipt, or attempted 33 assistance in the provision or receipt of protected health care 34 services as defined in section 2 of this act that are lawful in the 35 state of Washington. 36 Sec. 6. RCW 9.73.260 and 2015 c 222 s 2 are each amended to read 37 as follows: 38 (1) As used in this section: 39 p. 5 HB 1469 (a) "Wire communication" means any aural transfer made in whole 1 or in part through the use of facilities for the transmission of 2 communications by the aid of wire, cable, or other like connection 3 between the point of origin and the point of reception, including the 4 use of such connection in a switching station, furnished or operated 5 by any person engaged in providing or operating such facilities for 6 the transmission of intrastate, interstate, or foreign 7 communications, and such term includes any electronic storage of such 8 communication. 9 (b) "Electronic communication" means any transfer of signs, 10 signals, writing, images, sounds, data, or intelligence of any nature 11 transmitted in whole or in part by a wire, radio, electromagnetic, 12 photoelectronic, or photo-optical system, but does not include: 13 (i) Any wire or oral communication; 14 (ii) Any communication made through a tone-only paging device; or 15 (iii) Any communication from a tracking device, but solely to the 16 extent the tracking device is owned by the applicable law enforcement 17 agency. 18 (c) "Electronic communication service" means any service that 19 provides to users thereof the ability to send or receive wire or 20 electronic communications. 21 (d) "Pen register" means a device that records or decodes 22 electronic or other impulses that identify the numbers dialed or 23 otherwise transmitted on the telephone line to which such device is 24 attached, but such term does not include any device used by a 25 provider or customer of a wire or electronic communication service 26 for billing, or recording as an incident to billing, for 27 communications services provided by such provider or any device used 28 by a provider or customer of a wire communication service for cost 29 accounting or other like purposes in the ordinary course of its 30 business. 31 (e) "Trap and trace device" means a device that captures the 32 incoming electronic or other impulses that identify the originating 33 number of an instrument or device from which a wire or electronic 34 communication was transmitted. 35 (f) "Cell site simulator device" means a device that transmits or 36 receives radio waves for the purpose of conducting one or more of the 37 following operations: (i) Identifying, locating, or tracking the 38 movements of a communications device; (ii) intercepting, obtaining, 39 accessing, or forwarding the communications, stored data, or metadata 40 p. 6 HB 1469 of a communications device; (iii) affecting the hardware or software 1 operations or functions of a communications device; (iv) forcing 2 transmissions from or connections to a communications device; (v) 3 denying a communications device access to other communications 4 devices, communications protocols, or services; or (vi) spoofing or 5 simulating a communications device, cell tower, cell site, or 6 service((,)) including, but not limited to, an international mobile 7 subscriber identity catcher or other invasive cell phone or telephone 8 surveillance or eavesdropping device that mimics a cell phone tower 9 and sends out signals to cause cell phones in the area to transmit 10 their locations, identifying information, and communications content, 11 or a passive interception device or digital analyzer that does not 12 send signals to a communications device under surveillance. A cell 13 site simulator device does not include any device used or installed 14 by an electric utility, as defined in RCW 19.280.020, solely to the 15 extent such device is used by that utility to measure electrical 16 usage, to provide services to customers, or to operate the electric 17 grid. 18 (2) No person may install or use a pen register, trap and trace 19 device, or cell site simulator device without a prior court order 20 issued under this section except as provided under subsection (6) of 21 this section or RCW 9.73.070. 22 (3) A law enforcement officer may apply for and the superior 23 court may issue orders and extensions of orders authorizing the 24 installation and use of pen registers, trap and trace devices, and 25 cell site simulator devices as provided in this section. The 26 application shall be under oath and shall include the identity of the 27 officer making the application and the identity of the law 28 enforcement agency conducting the investigation. The applicant must 29 certify that the information likely to be obtained is relevant to an 30 ongoing criminal investigation being conducted by that agency. 31 (4) If the court finds that the information likely to be obtained 32 by such installation and use is relevant to an ongoing criminal 33 investigation and finds that there is probable cause to believe that 34 the pen register, trap and trace device, or cell site simulator 35 device will lead to obtaining evidence of a crime, contraband, fruits 36 of crime, things criminally possessed, weapons, or other things by 37 means of which a crime has been committed or reasonably appears about 38 to be committed, or will lead to learning the location of a person 39 who is unlawfully restrained or reasonably believed to be a witness 40 p. 7 HB 1469 in a criminal investigation or for whose arrest there is probable 1 cause, the court shall enter an ex parte order authorizing the 2 installation and use of a pen register, trap and trace device, or 3 cell site simulator device. The order shall specify: 4 (a)(i) In the case of a pen register or trap and trace device, 5 the identity, if known, of the person to whom is leased or in whose 6 name is listed the telephone line to which the pen register or trap 7 and trace device is to be attached; or 8 (ii) In the case of a cell site simulator device, the identity, 9 if known, of (A) the person to whom is subscribed or in whose name is 10 subscribed the electronic communications service utilized by the 11 device to which the cell site simulator device is to be used and (B) 12 the person who possesses the device to which the cell site simulator 13 device is to be used; 14 (b) The identity, if known, of the person who is the subject of 15 the criminal investigation; 16 (c)(i) In the case of a pen register or trap and trace device, 17 the number and, if known, physical location of the telephone line to 18 which the pen register or trap and trace device is to be attached 19 and, in the case of a trap and trace device, the geographic limits of 20 the trap and trace order; or 21 (ii) In the case of a cell site simulator device: (A) The 22 telephone number or other unique subscriber account number 23 identifying the wire or electronic communications service account 24 used by the device to which the cell site simulator device is to be 25 attached or used; (B) if known, the physical location of the device 26 to which the cell site simulator device is to be attached or used; 27 (C) the type of device, and the communications protocols being used 28 by the device, to which the cell site simulator device is to be 29 attached or used; (D) the geographic area that will be covered by the 30 cell site simulator device; (E) all categories of metadata, data, or 31 information to be collected by the cell site simulator device from 32 the targeted device including, but not limited to, call records and 33 geolocation information; (F) whether or not the cell site simulator 34 device will incidentally collect metadata, data, or information from 35 any parties or devices not specified in the court order, and if so, 36 what categories of information or metadata will be collected; and (G) 37 any disruptions to access or use of a communications or internet 38 access network that may be created by use of the device; and 39 p. 8 HB 1469 (d) A statement of the offense to which the information likely to 1 be obtained by the pen register, trap and trace device, or cell site 2 simulator device relates. 3 The order shall direct, if the applicant has requested, the 4 furnishing of information, facilities, and technical assistance 5 necessary to accomplish the installation of the pen register, trap 6 and trace device, or cell site simulator device. An order issued 7 under this section shall authorize the installation and use of a: (i) 8 Pen register or a trap and trace device for a period not to exceed 9 sixty days; and (ii) ((a)) cell site simulator device for sixty days. 10 An extension of the original order may only be granted upon: A new 11 application for an order under subsection (3) of this section; and a 12 showing that there is a probability that the information or items 13 sought under this subsection are more likely to be obtained under the 14 extension than under the original order. No extension beyond the 15 first extension shall be granted unless: There is a showing that 16 there is a high probability that the information or items sought 17 under this subsection are much more likely to be obtained under the 18 second or subsequent extension than under the original order; and 19 there are extraordinary circumstances such as a direct and immediate 20 danger of death or serious bodily injury to a law enforcement 21 officer. The period of extension shall be for a period not to exceed 22 sixty days. 23 An order authorizing or approving the installation and use of a 24 pen register, trap and trace device, or cell site simulator device 25 shall direct that the order be sealed until otherwise ordered by the 26 court and that the person owning or leasing the line to which the pen 27 register, trap and trace device, and cell site simulator device((s)) 28 is attached or used, or who has been ordered by the court to provide 29 assistance to the applicant, not disclose the existence of the pen 30 register, trap and trace device, or cell site simulator device or the 31 existence of the investigation to the listed subscriber or to any 32 other person, unless or until otherwise ordered by the court. 33 (5) Upon the presentation of an order, entered under subsection 34 (4) of this section, by an officer of a law enforcement agency 35 authorized to install and use a pen register under this chapter, a 36 provider of wire or electronic communication service, landlord, 37 custodian, or other person shall furnish such law enforcement officer 38 forthwith all information, facilities, and technical assistance 39 necessary to accomplish the installation of the pen register 40 p. 9 HB 1469 unobtrusively and with a minimum of interference with the services 1 that the person so ordered by the court accords the party with 2 respect to whom the installation and use is to take place, if such 3 assistance is directed by a court order as provided in subsection (4) 4 of this section. 5 Upon the request of an officer of a law enforcement agency 6 authorized to receive the results of a trap and trace device under 7 this chapter, a provider of a wire or electronic communication 8 service, landlord, custodian, or other person shall install such 9 device forthwith on the appropriate line and shall furnish such law 10 enforcement officer all additional information, facilities, and 11 technical assistance including installation and operation of the 12 device unobtrusively and with a minimum of interference with the 13 services that the person so ordered by the court accords the party 14 with respect to whom the installation and use is to take place, if 15 such installation and assistance is directed by a court order as 16 provided in subsection (4) of this section. Unless otherwise ordered 17 by the court, the results of the trap and trace device shall be 18 furnished to the officer of a law enforcement agency, designated in 19 the court order, at reasonable intervals during regular business 20 hours for the duration of the order. 21 A provider of a wire or electronic communication service, 22 landlord, custodian, or other person who furnishes facilities or 23 technical assistance pursuant to this subsection shall be reasonably 24 compensated by the law enforcement agency that requests the 25 facilities or assistance for such reasonable expenses incurred in 26 providing such facilities and assistance. 27 No cause of action shall lie in any court against any provider of 28 a wire or electronic communication service, its officers, employees, 29 agents, or other specified persons for providing information, 30 facilities, or assistance in accordance with the terms of a court 31 order under this section. A good faith reliance on a court order 32 under this section, a request pursuant to this section, a legislative 33 authorization, or a statutory authorization is a complete defense 34 against any civil or criminal action brought under this chapter or 35 any other law. 36 (6)(a) Notwithstanding any other provision of this chapter, a law 37 enforcement officer and a prosecuting attorney or deputy prosecuting 38 attorney who jointly and reasonably determine that there is probable 39 cause to believe that an emergency situation exists that involves 40 p. 10 HB 1469 immediate danger of death or serious bodily injury to any person that 1 requires the installation and use of a pen register, trap and trace 2 device, or cell site simulator device before an order authorizing 3 such installation and use can, with due diligence, be obtained, and 4 there are grounds upon which an order could be entered under this 5 chapter to authorize such installation and use, may have installed 6 and use a pen register, trap and trace device, or cell site simulator 7 device if, within forty-eight hours after the installation has 8 occurred, or begins to occur, an order approving the installation or 9 use is issued in accordance with subsection (4) of this section. In 10 the absence of an authorizing order, such use shall immediately 11 terminate when the information sought is obtained, when the 12 application for the order is denied or when forty-eight hours have 13 lapsed since the installation of the pen register, trap and trace 14 device, or cell site simulator device, whichever is earlier. If an 15 order approving the installation or use is not obtained within forty- 16 eight hours, any information obtained is not admissible as evidence 17 in any legal proceeding. The knowing installation or use by any law 18 enforcement officer of a pen register, trap and trace device, or cell 19 site simulator device pursuant to this subsection without application 20 for the authorizing order within forty-eight hours of the 21 installation shall constitute a violation of this chapter and be 22 punishable as a gross misdemeanor. A provider of a wire or electronic 23 service, landlord, custodian, or other person who furnished 24 facilities or technical assistance pursuant to this subsection shall 25 be reasonably compensated by the law enforcement agency that requests 26 the facilities or assistance for such reasonable expenses incurred in 27 providing such facilities and assistance. 28 (b) A law enforcement agency that authorizes the installation of 29 a pen register, trap and trace device, or cell site simulator device 30 under this subsection (6) shall file a monthly report with the 31 administrator for the courts. The report shall indicate the number of 32 authorizations made, the date and time of each authorization, whether 33 a court authorization was sought within forty-eight hours, and 34 whether a subsequent court authorization was granted. 35 (c) A law enforcement agency authorized to use a cell site 36 simulator device in accordance with this section must: (i) Take all 37 steps necessary to limit the collection of any information or 38 metadata to the target specified in the applicable court order; (ii) 39 take all steps necessary to permanently delete any information or 40 p. 11 HB 1469 metadata collected from any party not specified in the applicable 1 court order immediately following such collection and must not 2 transmit, use, or retain such information or metadata for any purpose 3 whatsoever; and (iii) ((must)) delete any information or metadata 4 collected from the target specified in the court order within thirty 5 days if there is no longer probable cause to support the belief that 6 such information or metadata is evidence of a crime. 7 (7)(a) If an application for the installation and use of a pen 8 register, trap and trace device, or cell site simulator device is for 9 the purpose of investigating or recovering evidence that relates to 10 an investigation that alleges criminal liability for the provision, 11 receipt, attempted provision or receipt, assistance in the provision 12 or receipt, or attempted assistance in the provision or receipt of 13 protected health care services as defined in section 2 of this act 14 that are lawful in the state of Washington, the applicant shall 15 include an attestation, made under penalty of perjury, stating that 16 the application seeks information related to the provision, receipt, 17 attempted provision or receipt, assistance in the provision or 18 receipt, or attempted assistance in the provision or receipt of 19 protected health care services as defined in section 2 of this act 20 that are lawful in the state of Washington. 21 (b) The court shall not issue an order for the installation and 22 use of pen registers, trap and trace devices, and cell site simulator 23 devices for the purpose of investigating or recovering evidence that 24 relates to an investigation that alleges criminal liability for the 25 provision, receipt, attempted provision or receipt, assistance in the 26 provision or receipt, or attempted assistance in the provision or 27 receipt of protected health care services as defined in section 2 of 28 this act that are lawful in the state of Washington. 29 Sec. 7. RCW 10.55.020 and 2010 c 8 s 1050 are each amended to 30 read as follows: 31 (1) If a judge of a court of record in any state which by its 32 laws has made provision for commanding persons within that state to 33 attend and testify in this state certified under the seal of such 34 court that there is a criminal prosecution pending in such court, or 35 that a grand jury investigation has commenced or is about to 36 commence, that a person being within this state is a material witness 37 in such prosecution, or grand jury investigation, and that ((his or 38 her)) such person's presence will be required for a specified number 39 p. 12 HB 1469 of days, upon presentation of such certificate, accompanied by an 1 attestation made under penalty of perjury stating that such 2 prosecution or grand jury investigation does not seek documents, 3 information, or testimony related to the provision, receipt, 4 attempted provision or receipt, assistance in the provision or 5 receipt, or attempted assistance in the provision or receipt of 6 protected health care services as defined in section 2 of this act 7 that are lawful in the state of Washington, to any judge of a court 8 of record in the county in which such person is, such judge shall fix 9 a time and place for a hearing, and shall make an order directing the 10 witness to appear at a time and place certain for the hearing. Any 11 false attestation submitted under this section is subject to a 12 statutory penalty of $10,000 per violation. Submission of such 13 attestation subjects the attester to the jurisdiction of the courts 14 of Washington state for any suit, penalty, or damages arising out of 15 a false attestation under this section. 16 (2) If at a hearing the judge determines that the witness is 17 material and necessary, that it will not cause undue hardship to the 18 witness to be compelled to attend and testify in the prosecution or a 19 grand jury investigation in the other state, and that the laws of the 20 state in which the prosecution is pending, or grand jury 21 investigation has commenced or is about to commence, will give to 22 ((him or her)) such witness protection from arrest and the service of 23 civil and criminal process, he or she shall issue a summons, with a 24 copy of the certificate attached, directing the witness to attend and 25 testify in the court where the prosecution is pending, or where a 26 grand jury investigation has commenced or is about to commence and of 27 any other state through which the witness may be required to travel 28 by ordinary course of travel, at a time and place specified in the 29 certificate. In any such hearing the certificate shall be prima facie 30 evidence of all the facts stated therein. 31 (3) If said certificate recommends that the witness be taken into 32 immediate custody and delivered to an officer of the requesting state 33 to assure ((his or her)) such person's attendance in the requesting 34 state, such judge may, in lieu of notification of the hearing, direct 35 that such witness be forthwith brought before ((him or her)) such 36 judge for said hearing; and the judge at the hearing being satisfied 37 of the desirability of such custody and delivery, for which 38 determination the certificate shall be prima facie proof of such 39 desirability may, in lieu of issuing subpoena or summons, order that 40 p. 13 HB 1469 said witness be forthwith taken into custody and delivered to an 1 officer of the requesting state. 2 (4) If the witness, who is summoned as above provided, after 3 being paid or tendered by some properly authorized person the sum of 4 ten cents a mile for each mile by the ordinary traveled route to and 5 from the court where the prosecution is pending and five dollars for 6 each day, that ((he or she)) such person is required to travel and 7 attend as a witness, fails without good cause to attend and testify 8 as directed in the summons, ((he or she)) such person shall be 9 punished in the manner provided for the punishment of any witness who 10 disobeys a summons issued from a court of record in this state. 11 (5) The summons of a witness to testify in the prosecution or a 12 grand jury investigation in another state is prohibited if such 13 prosecution or grand jury investigation is based on the provision, 14 receipt, attempted provision or receipt, assistance in the provision 15 or receipt, or attempted assistance in the provision or receipt of 16 protected health care services as defined in section 2 of this act 17 that are lawful in the state of Washington. 18 Sec. 8. RCW 10.88.250 and 1971 ex.s. c 46 s 6 are each amended 19 to read as follows: 20 ((The)) (1) Except as provided in subsection (2) of this section, 21 the governor of this state may also surrender, on demand of the 22 executive authority of any other state, any person in this state 23 charged in such other state in the manner provided in RCW 10.88.220 24 with committing an act in this state, or in a third state, 25 intentionally resulting in a crime in the state whose executive 26 authority is making the demand, and the provisions of this chapter 27 not otherwise inconsistent, shall apply to such cases, even though 28 the accused was not in that state at the time of the commission of 29 the crime, and has not fled therefrom. 30 (2) The governor of this state shall not surrender any person 31 described in subsection (1) of this section where the charge against 32 the person is based on the provision, receipt, attempted provision or 33 receipt, assistance in the provision or receipt, or attempted 34 assistance in the provision or receipt of protected health care 35 services as defined in section 2 of this act that are lawful in the 36 state of Washington. 37 p. 14 HB 1469 Sec. 9. RCW 10.88.320 and 2010 c 8 s 1075 are each amended to 1 read as follows: 2 (1) Whenever any person within this state shall be charged on the 3 oath of any credible person before any judge or magistrate of this 4 state with the commission of any crime in any other state and, except 5 in cases arising under RCW 10.88.250, with having fled from justice, 6 or with having been convicted of a crime in that state and having 7 escaped from confinement, or having broken the terms of ((his or 8 her)) such person's bail, probation, or parole, or whenever complaint 9 shall have been made before any judge or magistrate in this state 10 setting forth on the affidavit of any credible person in another 11 state that a crime has been committed in such other state and that 12 the accused has been charged in such state with the commission of the 13 crime, and, except in cases arising under RCW 10.88.250, has fled 14 from justice, or with having been convicted of a crime in that state 15 and having escaped from confinement, or having broken the terms of 16 ((his or her)) such person's bail, probation, or parole and is 17 believed to be in this state, if the person making such charge or 18 complaint and affidavit includes an attestation made under penalty of 19 perjury stating that the charge for the commission of the crime in 20 another state is not related to criminal liability that is based on 21 the provision, receipt, attempted provision or receipt, assistance in 22 the provision or receipt, or attempted assistance in the provision or 23 receipt of protected health care services as defined in section 2 of 24 this act that are lawful in the state of Washington, the judge or 25 magistrate shall issue a warrant directed to any peace officer 26 commanding ((him or her)) such officer to apprehend the person named 27 therein, wherever ((he or she)) such person may be found in this 28 state, and to bring ((him or her)) such person before the same or any 29 other judge, magistrate or court who or which may be available in or 30 convenient of access to the place where the arrest may be made, to 31 answer the charge or complaint and affidavit, and a certified copy of 32 the sworn charge or complaint and affidavit upon which the warrant is 33 issued shall be attached to the warrant. Any false attestation 34 submitted under this section is subject to a statutory penalty of 35 $10,000 per violation. Submission of such attestation subjects the 36 attester to the jurisdiction of the courts of Washington state for 37 any suit, penalty, or damages arising out of a false attestation 38 under this section. 39 p. 15 HB 1469 (2) Except in cases arising under RCW 10.88.220, the issuance of 1 a warrant is prohibited for a charge or complaint that is related to 2 criminal liability that is based on the provision, receipt, attempted 3 provision or receipt, assistance in the provision or receipt, or 4 attempted assistance in the provision or receipt of protected health 5 care services as defined in section 2 of this act that are lawful in 6 the state of Washington. 7 Sec. 10. RCW 10.88.330 and 2010 c 8 s 1076 are each amended to 8 read as follows: 9 (1) The arrest of a person may be lawfully made also by any peace 10 officer or a private person, without a warrant upon reasonable 11 information that the accused stands charged in the courts of a state 12 with a crime punishable by death or imprisonment for a term exceeding 13 one year, but when so arrested the accused must be taken before a 14 judge or magistrate with all practicable speed and complaint must be 15 made against him or her under oath setting forth the ground for the 16 arrest as in RCW 10.88.320; and thereafter his or her answer shall be 17 heard as if he or she had been arrested on a warrant. 18 (2) An officer of the United States customs service or the 19 immigration and naturalization service may, without a warrant, arrest 20 a person if: 21 (a) The officer is on duty; 22 (b) One or more of the following situations exists: 23 (i) The person commits an assault or other crime involving 24 physical harm, defined and punishable under chapter 9A.36 RCW, 25 against the officer or against any other person in the presence of 26 the officer; 27 (ii) The person commits an assault or related crime while armed, 28 defined and punishable under chapter 9.41 RCW, against the officer or 29 against any other person in the presence of the officer; 30 (iii) The officer has reasonable cause to believe that a crime as 31 defined in (b)(i) or (ii) of this subsection has been committed and 32 reasonable cause to believe that the person to be arrested has 33 committed it; 34 (iv) The officer has reasonable cause to believe that a felony 35 has been committed and reasonable cause to believe that the person to 36 be arrested has committed it; or 37 (v) The officer has received positive information by written, 38 telegraphic, teletypic, telephonic, radio, or other authoritative 39 p. 16 HB 1469 source that a peace officer holds a warrant for the person's arrest; 1 and 2 (c) The regional commissioner of customs certifies to the state 3 of Washington that the customs officer has received proper training 4 within the agency to enable that officer to enforce or administer 5 this subsection. 6 (3) The arrest of a person is prohibited if the arrest is related 7 to criminal liability that is based on the provision, receipt, 8 attempted provision or receipt, assistance in the provision or 9 receipt, or attempted assistance in the provision or receipt of 10 protected health care services as defined in section 2 of this act 11 that are lawful in the state of Washington. 12 Sec. 11. RCW 10.96.020 and 2008 c 21 s 3 are each amended to 13 read as follows: 14 This section shall apply to any criminal process allowing for 15 search of or commanding production of records that are in the actual 16 or constructive possession of a recipient who receives service 17 outside Washington, regardless of whether the recipient or the 18 records are physically located within the state. 19 (1) When properly served with criminal process issued under this 20 section, the recipient shall provide the applicant all records sought 21 pursuant to the criminal process. The records shall be produced 22 within twenty business days of receipt of the criminal process, 23 unless the process requires earlier production. An applicant may 24 consent to a recipient's request for additional time to comply with 25 the criminal process. 26 (2) Criminal process issued under this section must contain the 27 following language in bold type on the first page of the document: 28 "This [warrant, subpoena, order] is issued pursuant to RCW [insert 29 citation to this statute]. A response is due within twenty business 30 days of receipt, unless a shorter time is stated herein, or the 31 applicant consents to a recipient's request for additional time to 32 comply." 33 (3) If the judge finds reason to suspect that failure to produce 34 records within twenty business days would cause an adverse result, 35 the criminal process may require production of records within less 36 than twenty business days. A court may reasonably extend the time 37 required for production of the records upon finding that the 38 p. 17 HB 1469 recipient has shown good cause for that extension and that an 1 extension of time would not cause an adverse result. 2 (4) When properly served with criminal process issued under this 3 section, a recipient who seeks to quash the criminal process must 4 seek relief from the court where the criminal process was issued, 5 within the time originally required for production of records. The 6 court shall hear and decide the motion no later than five court days 7 after the motion is filed. An applicant's consent, under subsection 8 (1) of this section, to a recipient's request for additional time to 9 comply with the criminal process does not extend the date by which a 10 recipient must seek the relief designated in this section. 11 (5) The issuance of criminal process is prohibited if such 12 process is related to criminal liability that is based on the 13 provision, receipt, attempted provision or receipt, assistance in the 14 provision or receipt, or attempted assistance in the provision or 15 receipt of protected health care services as defined in section 2 of 16 this act that are lawful in the state of Washington. 17 Sec. 12. RCW 10.96.040 and 2008 c 21 s 5 are each amended to 18 read as follows: 19 (1) A Washington recipient, when served with process that was 20 issued by or in another state that on its face purports to be valid 21 criminal process, shall comply with that process as if that process 22 had been issued by a Washington court if the criminal process 23 includes an attestation, made under penalty of perjury, stating that 24 such process does not relate to criminal liability that is based on 25 the provision, receipt, attempted provision or receipt, assistance in 26 the provision or receipt, or attempted assistance in the provision or 27 receipt of protected health care services as defined in section 2 of 28 this act that are lawful in the state of Washington. Any false 29 attestation submitted under this section is subject to a statutory 30 penalty of $10,000 per violation. Submission of such attestation 31 subjects the attester to the jurisdiction of the courts of Washington 32 state for any suit, penalty, or damages arising out of a false 33 attestation under this section. 34 (2) A Washington recipient shall not be required to comply with a 35 criminal process issued by or in another state that is related to 36 criminal liability that is based on the provision, receipt, attempted 37 provision or receipt, assistance in the provision or receipt, or 38 attempted assistance in the provision or receipt of protected health 39 p. 18 HB 1469 care services as defined in section 2 of this act that are lawful in 1 the state of Washington. 2 PART III 3 ENFORCEMENT AND REMEDIES 4 NEW SECTION. Sec. 13. (1) It is the public policy of Washington 5 to protect the provision of protected health care services that are 6 lawful in the state of Washington by a person duly licensed under the 7 laws of the state of Washington and the provision of insurance 8 coverage for such services regardless of the location of the person 9 receiving the services. 10 (2) A law of another state that authorizes the imposition of 11 civil or criminal penalties or liability related to the provision, 12 receipt, attempted provision or receipt, assistance in the provision 13 or receipt, or attempted assistance in the provision or receipt of 14 protected health care services that are lawful in the state of 15 Washington is against the public policy of this state. Accordingly: 16 (a) A state court, judicial officer, court employee or clerk, or 17 public employee or official shall not issue or effectuate a warrant 18 for the arrest of any person in connection with the provision, 19 receipt, attempted provision or receipt, assistance in the provision 20 or receipt, or attempted assistance in the provision or receipt of 21 protected health care services that are lawful in the state of 22 Washington and a state or local law enforcement agency or officer 23 shall not effectuate such a warrant or knowingly arrest, or knowingly 24 participate in the arrest of, any person for the provision, receipt, 25 attempted provision or receipt, assistance in the provision or 26 receipt, or attempted assistance in the provision or receipt of such 27 protected health care services. 28 (b) A state or local agency or department, or any employee 29 thereof, acting in their official capacity, shall not cooperate with 30 or provide information to any individual, agency, or department from 31 another state or, to the extent permitted by federal law, to a 32 federal law enforcement agency, for the purpose of enforcing another 33 state's law that asserts criminal or civil liability for the 34 provision, receipt, attempted provision or receipt, assistance in the 35 provision or receipt, or attempted assistance in the provision or 36 receipt of protected health care services that are lawful in the 37 state of Washington. 38 p. 19 HB 1469 (c) A state court, judicial officer, court employee or clerk, or 1 attorney shall not issue a subpoena, warrant, court order, or other 2 civil or criminal legal process pursuant to any state law in 3 connection with a proceeding in another state related to the 4 provision, receipt, attempted provision or receipt, assistance in the 5 provision or receipt, or attempted assistance in the provision or 6 receipt of protected health care services that are lawful in the 7 state of Washington. 8 (d)(i) A business entity that is incorporated, or has its 9 principal place of business, in Washington that provides electronic 10 communication services as defined in RCW 9.73.260 may not: 11 (A) Knowingly provide records, information, facilities, or 12 assistance in response to a subpoena, warrant, court order, or other 13 civil or criminal legal process that relates to an investigation 14 into, or the enforcement of, another state's law that asserts 15 criminal or civil liability for the provision, receipt, attempted 16 provision or receipt, assistance in the provision or receipt, or 17 attempted assistance in the provision or receipt of protected health 18 care services that are lawful in the state of Washington; or 19 (B) Comply with a subpoena, warrant, court order, or other civil 20 or criminal legal process for records, information, facilities, or 21 assistance related to protected health care services that are lawful 22 in the state of Washington unless the subpoena, warrant, court order, 23 or other civil or criminal legal process includes, or is accompanied 24 by, an attestation, made under penalty of perjury, stating that the 25 subpoena, warrant, court order, or other civil or criminal legal 26 process does not seek documents, information, or testimony relating 27 to an investigation into, or the enforcement of, another state's law 28 that asserts criminal or civil liability for the provision, receipt, 29 attempted provision or receipt, assistance in the provision or 30 receipt, or attempted assistance in the provision or receipt of 31 protected health care services that are lawful in the state of 32 Washington. Any false attestation submitted under this section is 33 subject to a statutory penalty of $10,000 per violation. Submission 34 of such attestation subjects the attester to the jurisdiction of the 35 courts of Washington state for any suit, penalty, or damages arising 36 out of a false attestation under this section. 37 (ii) Any business entity described in (d)(i) of this subsection 38 that is served with a subpoena, warrant, court order, or other civil 39 or criminal legal process described in (d)(i) of this subsection is 40 p. 20 HB 1469 entitled to rely on the representations made in an attestation 1 described in (d)(i) of this subsection in determining whether the 2 subpoena, warrant, court order, or other civil or criminal legal 3 process relates to an investigation into, or the enforcement of, 4 another state's law that asserts criminal or civil liability for the 5 provision, receipt, attempted provision or receipt, assistance in the 6 provision or receipt, or attempted assistance in the provision or 7 receipt of protected health care services that are lawful in the 8 state of Washington. 9 (3) Nothing in this section prohibits the investigation of any 10 criminal activity in this state that may involve the alleged 11 provision, receipt, attempted provision or receipt, assistance in the 12 provision or receipt, or attempted assistance in the provision or 13 receipt of protected health care services occurring in the state of 14 Washington. Any information relating to any protected health care 15 services provided to a specific individual shall not be shared with 16 an agency, department, or individual from another state for the 17 purpose of investigating or enforcing another state's law that 18 asserts criminal or civil liability for the provision, receipt, 19 attempted provision or receipt, assistance in the provision or 20 receipt, or attempted assistance in the provision or receipt of 21 protected health care services that are lawful in the state of 22 Washington. 23 (4) A state court, judicial officer, court employee or clerk, or 24 public employee or official shall not apply to a case or controversy 25 heard in state court any law that is contrary to this state's public 26 policy as described in this section. 27 NEW SECTION. Sec. 14. (1)(a) A claim for interference with 28 protected health care services arises when: 29 (i) Any underlying action is commenced against an aggrieved party 30 in any court, state or federal, in the United States or any of its 31 territories, where liability in the underlying action is based in 32 whole or in part on: 33 (A) The aggrieved party's provision, receipt, attempted provision 34 or receipt, assistance in the provision or receipt, or attempted 35 assistance in the provision or receipt of protected health care 36 services that are lawful in the state of Washington; 37 (B) Conduct occurring in this state; and 38 p. 21 HB 1469 (C) A cause of action or criminal liability that is not available 1 under Washington law or the law of another state that is 2 substantially similar to Washington law; or 3 (ii)(A) Any person in the state of Washington receives a subpoena 4 from any court, state or federal, in the United States or any of its 5 territories, where the information sought concerns the provision, 6 receipt, attempted provision or receipt, assistance in the provision 7 or receipt, or attempted assistance in the provision or receipt of 8 protected health care services that are lawful in the state of 9 Washington; and 10 (B) Where liability in the underlying action is based in whole or 11 in part on a cause of action or criminal liability that is not 12 available under Washington law or the law of another state that is 13 substantially similar to Washington law. 14 (b) An underlying action is based on conduct occurring in this 15 state if any part of the acts or omissions that form the basis of 16 liability in the underlying action occur in Washington state, whether 17 or not such acts or omissions are alleged in the action. 18 (2) A person may maintain a claim for interference with protected 19 health care services under this section if the underlying action is 20 objectively baseless and brought for an improper purpose. 21 (a) An underlying action is objectively baseless under this 22 section if: 23 (i) The court in the underlying action lacked jurisdiction over 24 the aggrieved party; 25 (ii) The underlying action impedes the right to travel; or 26 (iii) Other factors exist that the court determines demonstrate 27 the objective baselessness of the underlying action. 28 (b) An underlying action is brought for an improper purpose under 29 this section if: 30 (i) A purpose of the underlying action is to deter acts or 31 omissions in Washington state that are permitted under the laws of 32 the state of Washington; or 33 (ii) Other factors exist that the court determines demonstrate 34 the underlying action was brought for an improper purpose. 35 (3) If a court finds for the aggrieved party in an action 36 asserting a claim for interference with protected health care 37 services authorized by this section, the aggrieved party may recover 38 damages from any party that brought the underlying action. 39 Recoverable damages include: 40 p. 22 HB 1469 (a) Actual damages including, but not limited to, costs and 1 reasonable attorneys' fees spent in defending the underlying action; 2 (b) Costs and reasonable attorneys' fees incurred in bringing an 3 action under this section as may be allowed by the court; and 4 (c) Statutory damages up to $10,000. 5 (4) The provisions of this section do not apply to a judgment 6 entered in another state that is based on an action: 7 (a) Founded in tort, contract, or statute, and for which a 8 similar claim would exist under the laws of this state, brought by 9 the person who received the protected health care services upon which 10 the original lawsuit was based or the person's authorized legal 11 representative, for damages suffered by the person or damages derived 12 from an individual's loss of consortium of the person; 13 (b) Founded in contract, and for which a similar claim would 14 exist under the laws of this state, brought or sought to be enforced 15 by a party with a contractual relationship with the person that is 16 the subject of the judgment entered in another state; or 17 (c) Where no part of the acts that formed the basis for liability 18 occurred in this state. 19 NEW SECTION. Sec. 15. The attorney general may bring an action 20 to enjoin any person from violating any provision of this chapter. 21 Upon proper showing, the superior court may grant a permanent or 22 temporary injunction, restraining order, writ of mandamus, or any 23 additional orders or judgments necessary to enjoin such persons from 24 violating this chapter. For any action in which the attorney general 25 prevails, the attorney general may recover the costs of the action, 26 including a reasonable attorney's fee. 27 Sec. 16. RCW 40.24.030 and 2022 c 231 s 5 are each amended to 28 read as follows: 29 (1)(a) An adult person, a parent or guardian acting on behalf of 30 a minor, or a guardian acting on behalf of an incapacitated person, 31 as defined in RCW 11.88.010, (b) any election official as described 32 in RCW 9A.90.120 who is a target for threats or harassment prohibited 33 under RCW 9A.90.120(2)(b) (iii) or (iv), and any family members 34 residing with ((him or her, and)) such person (c) any criminal 35 justice participant as defined in RCW 9A.46.020 who is a target for 36 threats or harassment prohibited under RCW 9A.46.020(2)(b) (iii) or 37 (iv) and any criminal justice participant as defined in RCW 9A.90.120 38 p. 23 HB 1469 who is a target for threats or harassment prohibited under RCW 1 9A.90.120(2)(b) (iii) or (iv), and any family members residing with 2 ((him or her)) such person, and (d) any protected health care 3 services provider, employee, or an affiliate of such provider, who 4 provides, attempts to provide, assists in the provision, or attempts 5 to assist in the provision of protected health care services as 6 defined in section 2 of this act, and any family members residing 7 with such person, may apply to the secretary of state to have an 8 address designated by the secretary of state serve as the person's 9 address or the address of the minor or incapacitated person. The 10 secretary of state shall approve an application if it is filed in the 11 manner and on the form prescribed by the secretary of state and if it 12 contains: 13 (i) A sworn statement, under penalty of perjury, by the applicant 14 that the applicant has good reason to believe (A) that the applicant, 15 or the minor or incapacitated person on whose behalf the application 16 is made, is a victim of domestic violence, sexual assault, 17 trafficking, or stalking and that the applicant fears for ((his or 18 her)) the applicant's safety or ((his or her)) the applicant's 19 children's safety, or the safety of the minor or incapacitated person 20 on whose behalf the application is made; (B) that the applicant, as 21 an election official as described in RCW 9A.90.120, is a target for 22 threats or harassment prohibited under RCW 9A.90.120(2)(b) (iii) or 23 (iv); ((or)) (C) that the applicant, as a criminal justice 24 participant as defined in RCW 9A.46.020, is a target for threats or 25 harassment prohibited under RCW 9A.46.020(2)(b) (iii) or (iv), or 26 that the applicant, as a criminal justice participant as defined in 27 RCW 9A.90.120 is a target for threats or harassment prohibited under 28 RCW 9A.90.120(2)(b) (iii) or (iv); or (D) that the applicant, as a 29 protected health care services provider, employee, or an affiliate of 30 such provider, who provides, attempts to provide, assists in the 31 provision, or attempts to assist in the provision of protected health 32 care services as defined in section 2 of this act, is a target for 33 threats or harassment prohibited under RCW 9A.90.120 or 9A.46.020; 34 (ii) If applicable, a sworn statement, under penalty of perjury, 35 by the applicant, that the applicant has reason to believe they are a 36 victim of (A) domestic violence, sexual assault, or stalking 37 perpetrated by an employee of a law enforcement agency, ((or;)) (B) 38 threats or harassment prohibited under RCW 9A.90.120(2)(b) (iii) or 39 p. 24 HB 1469 (iv) or 9A.46.020(2)(b) (iii) or (iv), or (C) threats or harassment 1 as described in (a)(i)(D) of this subsection; 2 (iii) A designation of the secretary of state as agent for 3 purposes of service of process and for the purpose of receipt of 4 mail; 5 (iv) The residential address and any telephone number where the 6 applicant can be contacted by the secretary of state, which shall not 7 be disclosed because disclosure will increase the risk of (A) 8 domestic violence, sexual assault, trafficking, or stalking, ((or)) 9 (B) threats or harassment prohibited under RCW 9A.90.120(2)(b) (iii) 10 or (iv) or 9A.46.020(2)(b) (iii) or (iv), or (C) threats or 11 harassment as described in (a)(i)(D) of this subsection; 12 (v) The signature of the applicant and of any individual or 13 representative of any office designated in writing under RCW 14 40.24.080 who assisted in the preparation of the application, and the 15 date on which the applicant signed the application. 16 (2) Applications shall be filed with the office of the secretary 17 of state. 18 (3) Upon filing a properly completed application, the secretary 19 of state shall certify the applicant as a program participant. 20 Applicants shall be certified for four years following the date of 21 filing unless the certification is withdrawn or invalidated before 22 that date. The secretary of state shall by rule establish a renewal 23 procedure. 24 (4)(a) During the application process, the secretary of state 25 shall provide each applicant a form to direct the department of 26 licensing to change the address of registration for vehicles or 27 vessels solely or jointly registered to the applicant and the address 28 associated with the applicant's driver's license or identicard to the 29 applicant's address as designated by the secretary of state upon 30 certification in the program. The directive to the department of 31 licensing is only valid if signed by the applicant. The directive may 32 only include information required by the department of licensing to 33 verify the applicant's identity and ownership information for 34 vehicles and vessels. This information is limited to the: 35 (i) Applicant's full legal name; 36 (ii) Applicant's Washington driver's license or identicard 37 number; 38 (iii) Applicant's date of birth; 39 p. 25 HB 1469 (iv) Vehicle identification number and license plate number for 1 each vehicle solely or jointly registered to the applicant; and 2 (v) Hull identification number or vessel document number and 3 vessel decal number for each vessel solely or jointly registered to 4 the applicant. 5 (b) Upon certification of the applicants, the secretary of state 6 shall transmit completed and signed directives to the department of 7 licensing. 8 (c) Within 30 days of receiving a completed and signed directive, 9 the department of licensing shall update the applicant's address on 10 registration and licensing records. 11 (d) Applicants are not required to sign the directive to the 12 department of licensing to be certified as a program participant. 13 (5) A person who knowingly provides false or incorrect 14 information upon making an application or falsely attests in an 15 application that disclosure of the applicant's address would endanger 16 (a) the applicant's safety or the safety of the applicant's children 17 or the minor or incapacitated person on whose behalf the application 18 is made, (b) the safety of any election official as described in RCW 19 9A.90.120 who is a target for threats or harassment prohibited under 20 RCW 9A.90.120(2)(b) (iii) or (iv), ((or)) (c) the safety of any 21 criminal justice participant as defined in RCW 9A.46.020 who is a 22 target for threats or harassment prohibited under RCW 9A.46.020(2)(b) 23 (iii) or (iv) or of any criminal justice participant as defined in 24 RCW 9A.90.120 who is a target for threats or harassment prohibited 25 under RCW 9A.90.120(2)(b) (iii) or (iv), or (d) the safety of any 26 person as described in subsection (1)(a)(i)(D) of this section who is 27 a target for threats or harassment, or any family members residing 28 with ((him or her)) such person, shall be punished under RCW 29 40.16.030 or other applicable statutes. 30 NEW SECTION. Sec. 17. If any provision of this act or its 31 application to any person or circumstance is held invalid, the 32 remainder of the act or the application of the provision to other 33 persons or circumstances is not affected. 34 NEW SECTION. Sec. 18. This act is necessary for the immediate 35 preservation of the public peace, health, or safety, or support of 36 the state government and its existing public institutions, and takes 37 effect immediately. 38 p. 26 HB 1469 NEW SECTION. Sec. 19. Sections 1, 2, and 13 through 15 of this 1 act constitute a new chapter in Title 7 RCW. 2 --- END --- p. 27 HB 1469

CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE HOUSE BILL 1469 Chapter 193, Laws of 2023 68th Legislature 2023 Regular Session PROTECTED HEALTH CARE SERVICES—REPRODUCTIVE HEALTH CARE AND GENDER- AFFIRMING TREATMENT EFFECTIVE DATE: April 27, 2023 Passed by the House February 28, 2023 Yeas 59 Nays 38 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate April 10, 2023 Yeas 29 Nays 20 DENNY HECK President of the Senate CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1469 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Approved April 27, 2023 10:09 AM FILED April 27, 2023 JAY INSLEE Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to protecting access to reproductive health care 1 services and gender-affirming treatment in Washington state; amending 2 RCW 5.51.020, 5.56.010, 9.73.040, 9.73.260, 10.55.020, 10.88.250, 3 10.88.320, 10.88.330, 10.96.020, 10.96.040, and 40.24.030; adding a 4 new chapter to Title 7 RCW; prescribing penalties; and declaring an 5 emergency. 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 7 NEW SECTION. Sec. 1. This chapter may be known and cited as the 8 shield law. 9 NEW SECTION. Sec. 2. The definitions in this section apply 10 throughout this chapter unless the context clearly requires 11 otherwise. 12 (1) "Aggrieved party" means a person against whom an underlying 13 action is commenced based on the aggrieved party's provision, 14 receipt, attempted provision or receipt, assistance in the provision 15 or receipt, or attempted assistance in the provision or receipt of 16 protected health care services. 17 (2) "Gender-affirming treatment" means health services or 18 products that support and affirm an individual's gender identity, 19 including social, psychological, behavioral, and medical or surgical 20 ENGROSSED SUBSTITUTE HOUSE BILL 1469 Passed Legislature - 2023 Regular Session State of Washington 68th Legislature 2023 Regular Session By House Civil Rights & Judiciary (originally sponsored by Representatives Hansen, Thai, Chopp, Fitzgibbon, Simmons, Berry, Slatter, Santos, Ryu, Street, Gregerson, Goodman, Peterson, Tharinger, Ramel, Macri, Ormsby, Reeves, Senn, Doglio, Riccelli, Alvarado, Bateman, Morgan, Callan, Bergquist, and Pollet) READ FIRST TIME 01/31/23. p. 1 ESHB 1469.SL interventions. Gender-affirming care services include, but are not 1 limited to, evaluation and treatments for gender dysphoria, gender- 2 affirming hormone therapy, and gender-affirming surgical procedures. 3 (3) "Protected health care services" means gender-affirming 4 treatment and reproductive health care services that are lawful in 5 the state of Washington. 6 (4) "Reproductive health care services" means all services, care, 7 or products of a medical, surgical, psychiatric, therapeutic, mental 8 health, behavioral health, diagnostic, preventative, rehabilitative, 9 supportive, counseling, referral, prescribing, or dispensing nature 10 relating to the human reproductive system including, but not limited 11 to, all services, care, and products relating to pregnancy, assisted 12 reproduction, contraception, miscarriage management, or the 13 termination of a pregnancy, including self-managed terminations. 14 (5) "Underlying action" means a civil, criminal, or 15 administrative proceeding, or any proceeding preliminary thereto. 16 PART I 17 CIVIL PROCEDURE 18 Sec. 3. RCW 5.51.020 and 2012 c 95 s 3 are each amended to read 19 as follows: 20 (1)(a) To request issuance of a subpoena under this section, a 21 party must submit a foreign subpoena to a clerk of court in the 22 county in which discovery is sought to be conducted in this state. A 23 request for the issuance of a subpoena under this chapter does not 24 constitute an appearance in the courts of Washington state. 25 (b) A request for issuance of any subpoena pursuant to this 26 section must include an attestation, made under penalty of perjury, 27 stating whether the subpoena seeks documents, information, or 28 testimony related to the provision, receipt, attempted provision or 29 receipt, assistance in the provision or receipt, or attempted 30 assistance in the provision or receipt of protected health care 31 services as defined in section 2 of this act that are lawful in the 32 state of Washington. If a court finds that a false attestation was 33 intentionally submitted and the subpoena did seek documents, 34 information, or testimony related to the provision, receipt, 35 attempted provision or receipt, assistance in the provision or 36 receipt, or attempted assistance in the provision or receipt of 37 protected health care services as defined in section 2 of this act 38 p. 2 ESHB 1469.SL that are lawful in the state of Washington, a statutory penalty of 1 $10,000 per violation will apply. Submission of such attestation 2 subjects the attester to the jurisdiction of the courts of Washington 3 state for any suit, penalty, or damages arising out of a false 4 attestation under this section. 5 (2) ((When)) Except as provided in subsection (4) of this 6 section, when a party submits a foreign subpoena to a clerk of court 7 in this state, the clerk, in accordance with that court's procedure, 8 shall promptly issue a subpoena for service upon the person to which 9 the foreign subpoena is directed. 10 (3) A subpoena under subsection (2) of this section must: 11 (a) Incorporate the terms used in the foreign subpoena; and 12 (b) Contain or be accompanied by the names, addresses, and 13 telephone numbers of all counsel of record in the proceeding to which 14 the subpoena relates and of any party not represented by counsel. 15 (4) If a party submits a foreign subpoena to a clerk of court in 16 this state that seeks documents, information, or testimony that 17 relate to protected health care services, as defined in section 2 of 18 this act, the clerk shall not issue a subpoena for service and shall 19 present the request to the court for action. The court shall review 20 the foreign subpoena and shall not issue a subpoena for service and 21 shall quash any existing subpoena issued by the court if the subpoena 22 is for documents, information, or testimony that relates to protected 23 health care services as defined in section 2 of this act, unless the 24 subpoena seeks documents, information, or testimony related to: 25 (a) An out-of-state action that is founded in tort, contract, or 26 statute, for which a similar claim would exist under the laws of this 27 state, that is brought by a person or the person's authorized legal 28 representative, for damages suffered by the person or damages derived 29 from an individual's loss of consortium of the person; or 30 (b) An out-of-state action that is founded in contract, and for 31 which a similar claim would exist under the laws of this state, that 32 is brought or sought to be enforced by a party with a contractual 33 relationship with the person that is the subject of the subpoena. 34 Sec. 4. RCW 5.56.010 and 2011 c 336 s 141 are each amended to 35 read as follows: 36 ((Any)) Except as provided in section 13 of this act, any person 37 may be compelled to attend as a witness before any court of record, 38 judge, commissioner, or referee, in any civil action or proceeding in 39 p. 3 ESHB 1469.SL this state. No such person shall be compelled to attend as a witness 1 in any civil action or proceeding unless the fees ((be)) are paid or 2 tendered ((him or her)) to such person which are allowed by law for 3 one day's attendance as a witness and for traveling to and returning 4 from the place where he or she is required to attend, together with 5 any allowance for meals and lodging theretofore fixed as specified 6 herein: PROVIDED, That such fees be demanded by any witness residing 7 within the same county where such court of record, judge, 8 commissioner, or referee is located, or within twenty miles of the 9 place where such court is located, at the time of service of the 10 subpoena: PROVIDED FURTHER, That a party desiring the attendance of a 11 witness residing outside of the county in which such action or 12 proceeding is pending, or more than twenty miles of the place where 13 such court is located, shall apply ex parte to such court, or to the 14 judge, commissioner, referee, or clerk thereof, who, if such 15 application be granted and a subpoena issued, shall fix without 16 notice an allowance for meals and lodging, if any to be allowed, 17 together with necessary travel expenses, and the amounts so fixed 18 shall be endorsed upon the subpoena and tendered to such witness at 19 the time of the service of the subpoena: PROVIDED FURTHER, That the 20 court shall fix and allow at or after trial such additional amounts 21 for meals, lodging, and travel as it may deem reasonable for the 22 attendance of such witness. 23 PART II 24 CRIMINAL PROCEDURE 25 Sec. 5. RCW 9.73.040 and 1967 ex.s. c 93 s 2 are each amended to 26 read as follows: 27 (1) An ex parte order for the interception of any communication 28 or conversation listed in RCW 9.73.030 may be issued by any superior 29 court judge in the state upon verified application of either the 30 state attorney general or any county prosecuting attorney setting 31 forth fully facts and circumstances upon which the application is 32 based and stating that: 33 (a) There are reasonable grounds to believe that national 34 security is endangered, that a human life is in danger, that arson is 35 about to be committed, or that a riot is about to be committed, and 36 p. 4 ESHB 1469.SL (b) There are reasonable grounds to believe that evidence will be 1 obtained essential to the protection of national security, the 2 preservation of human life, or the prevention of arson or a riot, and 3 (c) There are no other means readily available for obtaining such 4 information. 5 (2) Any application pursuant to this section that seeks 6 communications or conversations related to an investigation that 7 alleges criminal liability for the provision, receipt, attempted 8 provision or receipt, assistance in the provision or receipt, or 9 attempted assistance in the provision or receipt of protected health 10 care services as defined in section 2 of this act that are lawful in 11 the state of Washington shall include an attestation, made under 12 penalty of perjury, stating that the application seeks information 13 related to the provision, receipt, attempted provision or receipt, 14 assistance in the provision or receipt, or attempted assistance in 15 the provision or receipt of protected health care services as defined 16 in section 2 of this act that are lawful in the state of Washington. 17 (3) Where statements are solely upon the information and belief 18 of the applicant, the grounds for the belief must be given. 19 (((3))) (4) The applicant must state whether any prior 20 application has been made to obtain such communications on the same 21 instrument or for the same person and if such prior application 22 exists the applicant shall disclose the current status thereof. 23 (((4))) (5) The application and any order issued under RCW 24 9.73.030 through 9.73.080 shall identify as fully as possible the 25 particular equipment, lines or location from which the information is 26 to be obtained and the purpose thereof. 27 (((5))) (6) The court may examine upon oath or affirmation the 28 applicant and any witness the applicant desires to produce or the 29 court requires to be produced. 30 (((6))) (7) Orders issued under this section shall be effective 31 for fifteen days, after which period the court which issued the order 32 may upon application of the officer who secured the original order 33 renew or continue the order for an additional period not to exceed 34 fifteen days. 35 (((7))) (8) No order issued under this section shall authorize or 36 purport to authorize any activity which would violate any laws of the 37 United States. 38 (9) The court shall not issue an order for the interception of 39 any communication or conversation for the purpose of investigating or 40 p. 5 ESHB 1469.SL recovering evidence that relates to an investigation that alleges 1 criminal liability for the provision, receipt, attempted provision or 2 receipt, assistance in the provision or receipt, or attempted 3 assistance in the provision or receipt of protected health care 4 services as defined in section 2 of this act that are lawful in the 5 state of Washington. 6 Sec. 6. RCW 9.73.260 and 2015 c 222 s 2 are each amended to read 7 as follows: 8 (1) As used in this section: 9 (a) "Wire communication" means any aural transfer made in whole 10 or in part through the use of facilities for the transmission of 11 communications by the aid of wire, cable, or other like connection 12 between the point of origin and the point of reception, including the 13 use of such connection in a switching station, furnished or operated 14 by any person engaged in providing or operating such facilities for 15 the transmission of intrastate, interstate, or foreign 16 communications, and such term includes any electronic storage of such 17 communication. 18 (b) "Electronic communication" means any transfer of signs, 19 signals, writing, images, sounds, data, or intelligence of any nature 20 transmitted in whole or in part by a wire, radio, electromagnetic, 21 photoelectronic, or photo-optical system, but does not include: 22 (i) Any wire or oral communication; 23 (ii) Any communication made through a tone-only paging device; or 24 (iii) Any communication from a tracking device, but solely to the 25 extent the tracking device is owned by the applicable law enforcement 26 agency. 27 (c) "Electronic communication service" means any service that 28 provides to users thereof the ability to send or receive wire or 29 electronic communications. 30 (d) "Pen register" means a device that records or decodes 31 electronic or other impulses that identify the numbers dialed or 32 otherwise transmitted on the telephone line to which such device is 33 attached, but such term does not include any device used by a 34 provider or customer of a wire or electronic communication service 35 for billing, or recording as an incident to billing, for 36 communications services provided by such provider or any device used 37 by a provider or customer of a wire communication service for cost 38 p. 6 ESHB 1469.SL accounting or other like purposes in the ordinary course of its 1 business. 2 (e) "Trap and trace device" means a device that captures the 3 incoming electronic or other impulses that identify the originating 4 number of an instrument or device from which a wire or electronic 5 communication was transmitted. 6 (f) "Cell site simulator device" means a device that transmits or 7 receives radio waves for the purpose of conducting one or more of the 8 following operations: (i) Identifying, locating, or tracking the 9 movements of a communications device; (ii) intercepting, obtaining, 10 accessing, or forwarding the communications, stored data, or metadata 11 of a communications device; (iii) affecting the hardware or software 12 operations or functions of a communications device; (iv) forcing 13 transmissions from or connections to a communications device; (v) 14 denying a communications device access to other communications 15 devices, communications protocols, or services; or (vi) spoofing or 16 simulating a communications device, cell tower, cell site, or 17 service((,)) including, but not limited to, an international mobile 18 subscriber identity catcher or other invasive cell phone or telephone 19 surveillance or eavesdropping device that mimics a cell phone tower 20 and sends out signals to cause cell phones in the area to transmit 21 their locations, identifying information, and communications content, 22 or a passive interception device or digital analyzer that does not 23 send signals to a communications device under surveillance. A cell 24 site simulator device does not include any device used or installed 25 by an electric utility, as defined in RCW 19.280.020, solely to the 26 extent such device is used by that utility to measure electrical 27 usage, to provide services to customers, or to operate the electric 28 grid. 29 (2) No person may install or use a pen register, trap and trace 30 device, or cell site simulator device without a prior court order 31 issued under this section except as provided under subsection (6) of 32 this section or RCW 9.73.070. 33 (3) A law enforcement officer may apply for and the superior 34 court may issue orders and extensions of orders authorizing the 35 installation and use of pen registers, trap and trace devices, and 36 cell site simulator devices as provided in this section. The 37 application shall be under oath and shall include the identity of the 38 officer making the application and the identity of the law 39 enforcement agency conducting the investigation. The applicant must 40 p. 7 ESHB 1469.SL certify that the information likely to be obtained is relevant to an 1 ongoing criminal investigation being conducted by that agency. 2 (4) If the court finds that the information likely to be obtained 3 by such installation and use is relevant to an ongoing criminal 4 investigation and finds that there is probable cause to believe that 5 the pen register, trap and trace device, or cell site simulator 6 device will lead to obtaining evidence of a crime, contraband, fruits 7 of crime, things criminally possessed, weapons, or other things by 8 means of which a crime has been committed or reasonably appears about 9 to be committed, or will lead to learning the location of a person 10 who is unlawfully restrained or reasonably believed to be a witness 11 in a criminal investigation or for whose arrest there is probable 12 cause, the court shall enter an ex parte order authorizing the 13 installation and use of a pen register, trap and trace device, or 14 cell site simulator device. The order shall specify: 15 (a)(i) In the case of a pen register or trap and trace device, 16 the identity, if known, of the person to whom is leased or in whose 17 name is listed the telephone line to which the pen register or trap 18 and trace device is to be attached; or 19 (ii) In the case of a cell site simulator device, the identity, 20 if known, of (A) the person to whom is subscribed or in whose name is 21 subscribed the electronic communications service utilized by the 22 device to which the cell site simulator device is to be used and (B) 23 the person who possesses the device to which the cell site simulator 24 device is to be used; 25 (b) The identity, if known, of the person who is the subject of 26 the criminal investigation; 27 (c)(i) In the case of a pen register or trap and trace device, 28 the number and, if known, physical location of the telephone line to 29 which the pen register or trap and trace device is to be attached 30 and, in the case of a trap and trace device, the geographic limits of 31 the trap and trace order; or 32 (ii) In the case of a cell site simulator device: (A) The 33 telephone number or other unique subscriber account number 34 identifying the wire or electronic communications service account 35 used by the device to which the cell site simulator device is to be 36 attached or used; (B) if known, the physical location of the device 37 to which the cell site simulator device is to be attached or used; 38 (C) the type of device, and the communications protocols being used 39 by the device, to which the cell site simulator device is to be 40 p. 8 ESHB 1469.SL attached or used; (D) the geographic area that will be covered by the 1 cell site simulator device; (E) all categories of metadata, data, or 2 information to be collected by the cell site simulator device from 3 the targeted device including, but not limited to, call records and 4 geolocation information; (F) whether or not the cell site simulator 5 device will incidentally collect metadata, data, or information from 6 any parties or devices not specified in the court order, and if so, 7 what categories of information or metadata will be collected; and (G) 8 any disruptions to access or use of a communications or internet 9 access network that may be created by use of the device; and 10 (d) A statement of the offense to which the information likely to 11 be obtained by the pen register, trap and trace device, or cell site 12 simulator device relates. 13 The order shall direct, if the applicant has requested, the 14 furnishing of information, facilities, and technical assistance 15 necessary to accomplish the installation of the pen register, trap 16 and trace device, or cell site simulator device. An order issued 17 under this section shall authorize the installation and use of a: (i) 18 Pen register or a trap and trace device for a period not to exceed 19 sixty days; and (ii) ((a)) cell site simulator device for sixty days. 20 An extension of the original order may only be granted upon: A new 21 application for an order under subsection (3) of this section; and a 22 showing that there is a probability that the information or items 23 sought under this subsection are more likely to be obtained under the 24 extension than under the original order. No extension beyond the 25 first extension shall be granted unless: There is a showing that 26 there is a high probability that the information or items sought 27 under this subsection are much more likely to be obtained under the 28 second or subsequent extension than under the original order; and 29 there are extraordinary circumstances such as a direct and immediate 30 danger of death or serious bodily injury to a law enforcement 31 officer. The period of extension shall be for a period not to exceed 32 sixty days. 33 An order authorizing or approving the installation and use of a 34 pen register, trap and trace device, or cell site simulator device 35 shall direct that the order be sealed until otherwise ordered by the 36 court and that the person owning or leasing the line to which the pen 37 register, trap and trace device, and cell site simulator device((s)) 38 is attached or used, or who has been ordered by the court to provide 39 assistance to the applicant, not disclose the existence of the pen 40 p. 9 ESHB 1469.SL register, trap and trace device, or cell site simulator device or the 1 existence of the investigation to the listed subscriber or to any 2 other person, unless or until otherwise ordered by the court. 3 (5) Upon the presentation of an order, entered under subsection 4 (4) of this section, by an officer of a law enforcement agency 5 authorized to install and use a pen register under this chapter, a 6 provider of wire or electronic communication service, landlord, 7 custodian, or other person shall furnish such law enforcement officer 8 forthwith all information, facilities, and technical assistance 9 necessary to accomplish the installation of the pen register 10 unobtrusively and with a minimum of interference with the services 11 that the person so ordered by the court accords the party with 12 respect to whom the installation and use is to take place, if such 13 assistance is directed by a court order as provided in subsection (4) 14 of this section. 15 Upon the request of an officer of a law enforcement agency 16 authorized to receive the results of a trap and trace device under 17 this chapter, a provider of a wire or electronic communication 18 service, landlord, custodian, or other person shall install such 19 device forthwith on the appropriate line and shall furnish such law 20 enforcement officer all additional information, facilities, and 21 technical assistance including installation and operation of the 22 device unobtrusively and with a minimum of interference with the 23 services that the person so ordered by the court accords the party 24 with respect to whom the installation and use is to take place, if 25 such installation and assistance is directed by a court order as 26 provided in subsection (4) of this section. Unless otherwise ordered 27 by the court, the results of the trap and trace device shall be 28 furnished to the officer of a law enforcement agency, designated in 29 the court order, at reasonable intervals during regular business 30 hours for the duration of the order. 31 A provider of a wire or electronic communication service, 32 landlord, custodian, or other person who furnishes facilities or 33 technical assistance pursuant to this subsection shall be reasonably 34 compensated by the law enforcement agency that requests the 35 facilities or assistance for such reasonable expenses incurred in 36 providing such facilities and assistance. 37 No cause of action shall lie in any court against any provider of 38 a wire or electronic communication service, its officers, employees, 39 agents, or other specified persons for providing information, 40 p. 10 ESHB 1469.SL facilities, or assistance in accordance with the terms of a court 1 order under this section. A good faith reliance on a court order 2 under this section, a request pursuant to this section, a legislative 3 authorization, or a statutory authorization is a complete defense 4 against any civil or criminal action brought under this chapter or 5 any other law. 6 (6)(a) Notwithstanding any other provision of this chapter, a law 7 enforcement officer and a prosecuting attorney or deputy prosecuting 8 attorney who jointly and reasonably determine that there is probable 9 cause to believe that an emergency situation exists that involves 10 immediate danger of death or serious bodily injury to any person that 11 requires the installation and use of a pen register, trap and trace 12 device, or cell site simulator device before an order authorizing 13 such installation and use can, with due diligence, be obtained, and 14 there are grounds upon which an order could be entered under this 15 chapter to authorize such installation and use, may have installed 16 and use a pen register, trap and trace device, or cell site simulator 17 device if, within forty-eight hours after the installation has 18 occurred, or begins to occur, an order approving the installation or 19 use is issued in accordance with subsection (4) of this section. In 20 the absence of an authorizing order, such use shall immediately 21 terminate when the information sought is obtained, when the 22 application for the order is denied or when forty-eight hours have 23 lapsed since the installation of the pen register, trap and trace 24 device, or cell site simulator device, whichever is earlier. If an 25 order approving the installation or use is not obtained within forty- 26 eight hours, any information obtained is not admissible as evidence 27 in any legal proceeding. The knowing installation or use by any law 28 enforcement officer of a pen register, trap and trace device, or cell 29 site simulator device pursuant to this subsection without application 30 for the authorizing order within forty-eight hours of the 31 installation shall constitute a violation of this chapter and be 32 punishable as a gross misdemeanor. A provider of a wire or electronic 33 service, landlord, custodian, or other person who furnished 34 facilities or technical assistance pursuant to this subsection shall 35 be reasonably compensated by the law enforcement agency that requests 36 the facilities or assistance for such reasonable expenses incurred in 37 providing such facilities and assistance. 38 (b) A law enforcement agency that authorizes the installation of 39 a pen register, trap and trace device, or cell site simulator device 40 p. 11 ESHB 1469.SL under this subsection (6) shall file a monthly report with the 1 administrator for the courts. The report shall indicate the number of 2 authorizations made, the date and time of each authorization, whether 3 a court authorization was sought within forty-eight hours, and 4 whether a subsequent court authorization was granted. 5 (c) A law enforcement agency authorized to use a cell site 6 simulator device in accordance with this section must: (i) Take all 7 steps necessary to limit the collection of any information or 8 metadata to the target specified in the applicable court order; (ii) 9 take all steps necessary to permanently delete any information or 10 metadata collected from any party not specified in the applicable 11 court order immediately following such collection and must not 12 transmit, use, or retain such information or metadata for any purpose 13 whatsoever; and (iii) ((must)) delete any information or metadata 14 collected from the target specified in the court order within thirty 15 days if there is no longer probable cause to support the belief that 16 such information or metadata is evidence of a crime. 17 (7)(a) If an application for the installation and use of a pen 18 register, trap and trace device, or cell site simulator device is for 19 the purpose of investigating or recovering evidence that relates to 20 an investigation that alleges criminal liability for the provision, 21 receipt, attempted provision or receipt, assistance in the provision 22 or receipt, or attempted assistance in the provision or receipt of 23 protected health care services as defined in section 2 of this act 24 that are lawful in the state of Washington, the applicant shall 25 include an attestation, made under penalty of perjury, stating that 26 the application seeks information related to the provision, receipt, 27 attempted provision or receipt, assistance in the provision or 28 receipt, or attempted assistance in the provision or receipt of 29 protected health care services as defined in section 2 of this act 30 that are lawful in the state of Washington. 31 (b) The court shall not issue an order for the installation and 32 use of pen registers, trap and trace devices, and cell site simulator 33 devices for the purpose of investigating or recovering evidence that 34 relates to an investigation that alleges criminal liability for the 35 provision, receipt, attempted provision or receipt, assistance in the 36 provision or receipt, or attempted assistance in the provision or 37 receipt of protected health care services as defined in section 2 of 38 this act that are lawful in the state of Washington. 39 p. 12 ESHB 1469.SL Sec. 7. RCW 10.55.020 and 2010 c 8 s 1050 are each amended to 1 read as follows: 2 (1) If a judge of a court of record in any state which by its 3 laws has made provision for commanding persons within that state to 4 attend and testify in this state certified under the seal of such 5 court that there is a criminal prosecution pending in such court, or 6 that a grand jury investigation has commenced or is about to 7 commence, that a person being within this state is a material witness 8 in such prosecution, or grand jury investigation, and that ((his or 9 her)) such person's presence will be required for a specified number 10 of days, upon presentation of such certificate, accompanied by an 11 attestation made under penalty of perjury stating whether such 12 prosecution or grand jury investigation is related to the provision, 13 receipt, attempted provision or receipt, assistance in the provision 14 or receipt, or attempted assistance in the provision or receipt of 15 protected health care services as defined in section 2 of this act 16 that are lawful in the state of Washington, to any judge of a court 17 of record in the county in which such person is, such judge shall fix 18 a time and place for a hearing, and shall make an order directing the 19 witness to appear at a time and place certain for the hearing. If a 20 court finds that a false attestation was intentionally submitted and 21 the prosecution or grand jury investigation is related to the 22 provision, receipt, attempted provision or receipt, assistance in the 23 provision or receipt, or attempted assistance in the provision or 24 receipt of protected health care services as defined in section 2 of 25 this act that are lawful in the state of Washington, a statutory 26 penalty of $10,000 per violation will apply. Submission of such 27 attestation subjects the attester to the jurisdiction of the courts 28 of Washington state for any suit, penalty, or damages arising out of 29 a false attestation under this section. 30 (2) If at a hearing the judge determines that the witness is 31 material and necessary, that it will not cause undue hardship to the 32 witness to be compelled to attend and testify in the prosecution or a 33 grand jury investigation in the other state, and that the laws of the 34 state in which the prosecution is pending, or grand jury 35 investigation has commenced or is about to commence, will give to 36 ((him or her)) such witness protection from arrest and the service of 37 civil and criminal process, he or she shall issue a summons, with a 38 copy of the certificate attached, directing the witness to attend and 39 testify in the court where the prosecution is pending, or where a 40 p. 13 ESHB 1469.SL grand jury investigation has commenced or is about to commence and of 1 any other state through which the witness may be required to travel 2 by ordinary course of travel, at a time and place specified in the 3 certificate. In any such hearing the certificate shall be prima facie 4 evidence of all the facts stated therein. 5 (3) If said certificate recommends that the witness be taken into 6 immediate custody and delivered to an officer of the requesting state 7 to assure ((his or her)) such person's attendance in the requesting 8 state, such judge may, in lieu of notification of the hearing, direct 9 that such witness be forthwith brought before ((him or her)) such 10 judge for said hearing; and the judge at the hearing being satisfied 11 of the desirability of such custody and delivery, for which 12 determination the certificate shall be prima facie proof of such 13 desirability may, in lieu of issuing subpoena or summons, order that 14 said witness be forthwith taken into custody and delivered to an 15 officer of the requesting state. 16 (4) If the witness, who is summoned as above provided, after 17 being paid or tendered by some properly authorized person the sum of 18 ten cents a mile for each mile by the ordinary traveled route to and 19 from the court where the prosecution is pending and five dollars for 20 each day, that ((he or she)) such person is required to travel and 21 attend as a witness, fails without good cause to attend and testify 22 as directed in the summons, ((he or she)) such person shall be 23 punished in the manner provided for the punishment of any witness who 24 disobeys a summons issued from a court of record in this state. 25 (5) The summons of a witness to testify in the prosecution or a 26 grand jury investigation in another state is prohibited if such 27 prosecution or grand jury investigation is related to the provision, 28 receipt, attempted provision or receipt, assistance in the provision 29 or receipt, or attempted assistance in the provision or receipt of 30 protected health care services as defined in section 2 of this act 31 that are lawful in the state of Washington. 32 Sec. 8. RCW 10.88.250 and 1971 ex.s. c 46 s 6 are each amended 33 to read as follows: 34 ((The)) (1) Except as provided in subsection (2) of this section, 35 the governor of this state may also surrender, on demand of the 36 executive authority of any other state, any person in this state 37 charged in such other state in the manner provided in RCW 10.88.220 38 with committing an act in this state, or in a third state, 39 p. 14 ESHB 1469.SL intentionally resulting in a crime in the state whose executive 1 authority is making the demand, and the provisions of this chapter 2 not otherwise inconsistent, shall apply to such cases, even though 3 the accused was not in that state at the time of the commission of 4 the crime, and has not fled therefrom. 5 (2) The governor of this state shall not surrender any person 6 described in subsection (1) of this section where the charge against 7 the person is based on the provision, receipt, attempted provision or 8 receipt, assistance in the provision or receipt, or attempted 9 assistance in the provision or receipt of protected health care 10 services as defined in section 2 of this act that are lawful in the 11 state of Washington. 12 Sec. 9. RCW 10.88.320 and 2010 c 8 s 1075 are each amended to 13 read as follows: 14 (1) Whenever any person within this state shall be charged on the 15 oath of any credible person before any judge or magistrate of this 16 state with the commission of any crime in any other state and, except 17 in cases arising under RCW 10.88.250, with having fled from justice, 18 or with having been convicted of a crime in that state and having 19 escaped from confinement, or having broken the terms of ((his or 20 her)) such person's bail, probation, or parole, or whenever complaint 21 shall have been made before any judge or magistrate in this state 22 setting forth on the affidavit of any credible person in another 23 state that a crime has been committed in such other state and that 24 the accused has been charged in such state with the commission of the 25 crime, and, except in cases arising under RCW 10.88.250, has fled 26 from justice, or with having been convicted of a crime in that state 27 and having escaped from confinement, or having broken the terms of 28 ((his or her)) such person's bail, probation, or parole and is 29 believed to be in this state, the judge or magistrate shall issue a 30 warrant directed to any peace officer commanding ((him or her)) such 31 officer to apprehend the person named therein, wherever ((he or she)) 32 such person may be found in this state, and to bring ((him or her)) 33 such person before the same or any other judge, magistrate or court 34 who or which may be available in or convenient of access to the place 35 where the arrest may be made, to answer the charge or complaint and 36 affidavit, and a certified copy of the sworn charge or complaint and 37 affidavit upon which the warrant is issued shall be attached to the 38 warrant. 39 p. 15 ESHB 1469.SL (2) Any person making such charge or complaint and affidavit 1 under this section with information that the charge for the 2 commission of the crime in another state is related to criminal 3 liability that is based on the provision, receipt, attempted 4 provision or receipt, assistance in the provision or receipt, or 5 attempted assistance in the provision or receipt of protected health 6 care services as defined in section 2 of this act that are lawful in 7 the state of Washington has an affirmative duty to disclose to the 8 judge or magistrate that the charge for the commission of the crime 9 in another state is related to criminal liability that is based on 10 the provision, receipt, attempted provision or receipt, assistance in 11 the provision or receipt, or attempted assistance in the provision or 12 receipt of protected health care services as defined in section 2 of 13 this act that are lawful in the state of Washington and shall provide 14 an attestation stating whether such charge or complaint relates to 15 criminal liability that is based on such protected health care 16 services. Any false attestation submitted under this subsection is 17 subject to a statutory penalty of $10,000 per violation. Submission 18 of such attestation subjects the attester to the jurisdiction of the 19 courts of Washington state for any suit, penalty, or damages arising 20 out of a false attestation under this section. 21 (3) Except in cases arising under RCW 10.88.220, the issuance of 22 a warrant is prohibited for a charge or complaint that is related to 23 criminal liability that is based on the provision, receipt, attempted 24 provision or receipt, assistance in the provision or receipt, or 25 attempted assistance in the provision or receipt of protected health 26 care services as defined in section 2 of this act that are lawful in 27 the state of Washington. 28 Sec. 10. RCW 10.88.330 and 2010 c 8 s 1076 are each amended to 29 read as follows: 30 (1) The arrest of a person may be lawfully made also by any peace 31 officer or a private person, without a warrant upon reasonable 32 information that the accused stands charged in the courts of a state 33 with a crime punishable by death or imprisonment for a term exceeding 34 one year, but when so arrested the accused must be taken before a 35 judge or magistrate with all practicable speed and complaint must be 36 made against him or her under oath setting forth the ground for the 37 arrest as in RCW 10.88.320; and thereafter his or her answer shall be 38 heard as if he or she had been arrested on a warrant. 39 p. 16 ESHB 1469.SL (2) An officer of the United States customs service or the 1 immigration and naturalization service may, without a warrant, arrest 2 a person if: 3 (a) The officer is on duty; 4 (b) One or more of the following situations exists: 5 (i) The person commits an assault or other crime involving 6 physical harm, defined and punishable under chapter 9A.36 RCW, 7 against the officer or against any other person in the presence of 8 the officer; 9 (ii) The person commits an assault or related crime while armed, 10 defined and punishable under chapter 9.41 RCW, against the officer or 11 against any other person in the presence of the officer; 12 (iii) The officer has reasonable cause to believe that a crime as 13 defined in (b)(i) or (ii) of this subsection has been committed and 14 reasonable cause to believe that the person to be arrested has 15 committed it; 16 (iv) The officer has reasonable cause to believe that a felony 17 has been committed and reasonable cause to believe that the person to 18 be arrested has committed it; or 19 (v) The officer has received positive information by written, 20 telegraphic, teletypic, telephonic, radio, or other authoritative 21 source that a peace officer holds a warrant for the person's arrest; 22 and 23 (c) The regional commissioner of customs certifies to the state 24 of Washington that the customs officer has received proper training 25 within the agency to enable that officer to enforce or administer 26 this subsection. 27 (3) The arrest of a person is prohibited if the arrest is related 28 to criminal liability that is based on the provision, receipt, 29 attempted provision or receipt, assistance in the provision or 30 receipt, or attempted assistance in the provision or receipt of 31 protected health care services as defined in section 2 of this act 32 that are lawful in the state of Washington. 33 Sec. 11. RCW 10.96.020 and 2008 c 21 s 3 are each amended to 34 read as follows: 35 This section shall apply to any criminal process allowing for 36 search of or commanding production of records that are in the actual 37 or constructive possession of a recipient who receives service 38 p. 17 ESHB 1469.SL outside Washington, regardless of whether the recipient or the 1 records are physically located within the state. 2 (1) When properly served with criminal process issued under this 3 section, the recipient shall provide the applicant all records sought 4 pursuant to the criminal process. The records shall be produced 5 within twenty business days of receipt of the criminal process, 6 unless the process requires earlier production. An applicant may 7 consent to a recipient's request for additional time to comply with 8 the criminal process. 9 (2) Criminal process issued under this section must contain the 10 following language in bold type on the first page of the document: 11 "This [warrant, subpoena, order] is issued pursuant to RCW [insert 12 citation to this statute]. A response is due within twenty business 13 days of receipt, unless a shorter time is stated herein, or the 14 applicant consents to a recipient's request for additional time to 15 comply." 16 (3) If the judge finds reason to suspect that failure to produce 17 records within twenty business days would cause an adverse result, 18 the criminal process may require production of records within less 19 than twenty business days. A court may reasonably extend the time 20 required for production of the records upon finding that the 21 recipient has shown good cause for that extension and that an 22 extension of time would not cause an adverse result. 23 (4) When properly served with criminal process issued under this 24 section, a recipient who seeks to quash the criminal process must 25 seek relief from the court where the criminal process was issued, 26 within the time originally required for production of records. The 27 court shall hear and decide the motion no later than five court days 28 after the motion is filed. An applicant's consent, under subsection 29 (1) of this section, to a recipient's request for additional time to 30 comply with the criminal process does not extend the date by which a 31 recipient must seek the relief designated in this section. 32 (5) The issuance of criminal process is prohibited if such 33 process is related to criminal liability that is based on the 34 provision, receipt, attempted provision or receipt, assistance in the 35 provision or receipt, or attempted assistance in the provision or 36 receipt of protected health care services as defined in section 2 of 37 this act that are lawful in the state of Washington. 38 p. 18 ESHB 1469.SL Sec. 12. RCW 10.96.040 and 2008 c 21 s 5 are each amended to 1 read as follows: 2 (1) A Washington recipient, when served with process that was 3 issued by or in another state that on its face purports to be valid 4 criminal process, shall comply with that process as if that process 5 had been issued by a Washington court if the criminal process 6 includes an attestation, made under penalty of perjury, stating that 7 such process does not relate to criminal liability that is based on 8 the provision, receipt, attempted provision or receipt, assistance in 9 the provision or receipt, or attempted assistance in the provision or 10 receipt of protected health care services as defined in section 2 of 11 this act that are lawful in the state of Washington. Any false 12 attestation submitted under this section is subject to a statutory 13 penalty of $10,000 per violation. Submission of such attestation 14 subjects the attester to the jurisdiction of the courts of Washington 15 state for any suit, penalty, or damages arising out of a false 16 attestation under this section. 17 (2) A Washington recipient shall not be required to comply with a 18 criminal process issued by or in another state that is related to 19 criminal liability that is based on the provision, receipt, attempted 20 provision or receipt, assistance in the provision or receipt, or 21 attempted assistance in the provision or receipt of protected health 22 care services as defined in section 2 of this act that are lawful in 23 the state of Washington. 24 PART III 25 ENFORCEMENT AND REMEDIES 26 NEW SECTION. Sec. 13. (1) It is the public policy of Washington 27 to protect the provision of protected health care services that are 28 lawful in the state of Washington by a person duly licensed under the 29 laws of the state of Washington and the provision of insurance 30 coverage for such services regardless of the location of the person 31 receiving the services. 32 (2) A law of another state that authorizes the imposition of 33 civil or criminal penalties or liability related to the provision, 34 receipt, attempted provision or receipt, assistance in the provision 35 or receipt, or attempted assistance in the provision or receipt of 36 protected health care services that are lawful in the state of 37 Washington is against the public policy of this state. Accordingly: 38 p. 19 ESHB 1469.SL (a) A state court, judicial officer, court employee or clerk, or 1 public employee or official shall not issue or effectuate a warrant 2 for the arrest of any person in connection with the provision, 3 receipt, attempted provision or receipt, assistance in the provision 4 or receipt, or attempted assistance in the provision or receipt of 5 protected health care services that are lawful in the state of 6 Washington and a state or local law enforcement agency or officer 7 shall not effectuate such a warrant or knowingly arrest, or knowingly 8 participate in the arrest of, any person for the provision, receipt, 9 attempted provision or receipt, assistance in the provision or 10 receipt, or attempted assistance in the provision or receipt of such 11 protected health care services. 12 (b) A state or local agency, commission, board, or department, or 13 any employee thereof, acting in their official capacity, shall not 14 cooperate with or provide information to any individual, agency, 15 commission, board, or department from another state or, to the extent 16 permitted by federal law, to a federal law enforcement agency, for 17 the purpose of enforcing another state's law or an investigation 18 related to another state's law that asserts criminal or civil 19 liability for the provision, receipt, attempted provision or receipt, 20 assistance in the provision or receipt, or attempted assistance in 21 the provision or receipt of protected health care services that are 22 lawful in the state of Washington. 23 (c) A state court, judicial officer, court employee or clerk, or 24 attorney shall not issue a subpoena, warrant, court order, or other 25 civil or criminal legal process pursuant to any state law in 26 connection with a proceeding in another state related to the 27 provision, receipt, attempted provision or receipt, assistance in the 28 provision or receipt, or attempted assistance in the provision or 29 receipt of protected health care services that are lawful in the 30 state of Washington. 31 (d)(i) A business entity that is incorporated, or has its 32 principal place of business, in Washington that provides electronic 33 communication services as defined in RCW 9.73.260 may not: 34 (A) Knowingly provide records, information, facilities, or 35 assistance in response to a subpoena, warrant, court order, or other 36 civil or criminal legal process that relates to an investigation 37 into, or the enforcement of, another state's law that asserts 38 criminal or civil liability for the provision, receipt, attempted 39 provision or receipt, assistance in the provision or receipt, or 40 p. 20 ESHB 1469.SL attempted assistance in the provision or receipt of protected health 1 care services that are lawful in the state of Washington; or 2 (B) Comply with a subpoena, warrant, court order, or other civil 3 or criminal legal process for records, information, facilities, or 4 assistance related to protected health care services that are lawful 5 in the state of Washington unless the subpoena, warrant, court order, 6 or other civil or criminal legal process includes, or is accompanied 7 by, an attestation, made under penalty of perjury, stating that the 8 subpoena, warrant, court order, or other civil or criminal legal 9 process does not seek documents, information, or testimony relating 10 to an investigation into, or the enforcement of, another state's law 11 that asserts criminal or civil liability for the provision, receipt, 12 attempted provision or receipt, assistance in the provision or 13 receipt, or attempted assistance in the provision or receipt of 14 protected health care services that are lawful in the state of 15 Washington. Any false attestation submitted under this section is 16 subject to a statutory penalty of $10,000 per violation. Submission 17 of such attestation subjects the attester to the jurisdiction of the 18 courts of Washington state for any suit, penalty, or damages arising 19 out of a false attestation under this section. 20 (ii) Any business entity described in (d)(i) of this subsection 21 that is served with a subpoena, warrant, court order, or other civil 22 or criminal legal process described in (d)(i) of this subsection is 23 entitled to rely on the representations made in an attestation 24 described in (d)(i) of this subsection in determining whether the 25 subpoena, warrant, court order, or other civil or criminal legal 26 process relates to an investigation into, or the enforcement of, 27 another state's law that asserts criminal or civil liability for the 28 provision, receipt, attempted provision or receipt, assistance in the 29 provision or receipt, or attempted assistance in the provision or 30 receipt of protected health care services that are lawful in the 31 state of Washington. 32 (3) Nothing in this section prohibits the investigation of any 33 criminal activity in this state that may involve the alleged 34 provision, receipt, attempted provision or receipt, assistance in the 35 provision or receipt, or attempted assistance in the provision or 36 receipt of protected health care services occurring in the state of 37 Washington. Any information relating to any protected health care 38 services provided to a specific individual shall not be shared with 39 an agency, department, or individual from another state for the 40 p. 21 ESHB 1469.SL purpose of investigating or enforcing another state's law that 1 asserts criminal or civil liability for the provision, receipt, 2 attempted provision or receipt, assistance in the provision or 3 receipt, or attempted assistance in the provision or receipt of 4 protected health care services that are lawful in the state of 5 Washington. 6 (4) A state court, judicial officer, court employee or clerk, or 7 public employee or official shall not apply to a case or controversy 8 heard in state court any law that is contrary to this state's public 9 policy as described in this section. 10 NEW SECTION. Sec. 14. (1)(a) A claim for interference with 11 protected health care services arises when: 12 (i) Any underlying action is commenced against an aggrieved party 13 in any court, state or federal, in the United States or any of its 14 territories, where liability in the underlying action is based in 15 whole or in part on: 16 (A) The aggrieved party's provision, receipt, attempted provision 17 or receipt, assistance in the provision or receipt, or attempted 18 assistance in the provision or receipt of protected health care 19 services that are lawful in the state of Washington; 20 (B) Conduct occurring in this state; and 21 (C) A cause of action or criminal liability that is not available 22 under Washington law or the law of another state that is 23 substantially similar to Washington law; or 24 (ii)(A) Any person in the state of Washington receives a subpoena 25 from any court, state or federal, in the United States or any of its 26 territories, where the information sought concerns the provision, 27 receipt, attempted provision or receipt, assistance in the provision 28 or receipt, or attempted assistance in the provision or receipt of 29 protected health care services that are lawful in the state of 30 Washington; and 31 (B) Where liability in the underlying action is based in whole or 32 in part on a cause of action or criminal liability that is not 33 available under Washington law or the law of another state that is 34 substantially similar to Washington law. 35 (b) An underlying action is based on conduct occurring in this 36 state if any part of the acts or omissions that form the basis of 37 liability in the underlying action occur in Washington state, whether 38 or not such acts or omissions are alleged in the action. 39 p. 22 ESHB 1469.SL (2) A person may maintain a claim for interference with protected 1 health care services under this section if the underlying action is 2 objectively baseless and brought for an improper purpose. 3 (a) An underlying action is objectively baseless under this 4 section if: 5 (i) The court in the underlying action lacked jurisdiction over 6 the aggrieved party; 7 (ii) The underlying action impedes the right to travel; or 8 (iii) Other factors exist that the court determines demonstrate 9 the objective baselessness of the underlying action. 10 (b) An underlying action is brought for an improper purpose under 11 this section if: 12 (i) A purpose of the underlying action is to deter acts or 13 omissions in Washington state that are permitted under the laws of 14 the state of Washington; or 15 (ii) Other factors exist that the court determines demonstrate 16 the underlying action was brought for an improper purpose. 17 (3) If a court finds for the aggrieved party in an action 18 asserting a claim for interference with protected health care 19 services authorized by this section, the aggrieved party may recover 20 damages from any party that brought the underlying action. 21 Recoverable damages include: 22 (a) Actual damages including, but not limited to, costs and 23 reasonable attorneys' fees spent in defending the underlying action; 24 (b) Costs and reasonable attorneys' fees incurred in bringing an 25 action under this section as may be allowed by the court; and 26 (c) Statutory damages up to $10,000 if the underlying action is 27 found to be frivolous. 28 (4) The provisions of this section do not apply to a judgment 29 entered in another state that is based on an action: 30 (a) Founded in tort, contract, or statute, and for which a 31 similar claim would exist under the laws of this state, brought by 32 the person who received the protected health care services upon which 33 the original lawsuit was based or the person's authorized legal 34 representative, for damages suffered by the person or damages derived 35 from an individual's loss of consortium of the person; 36 (b) Founded in contract, and for which a similar claim would 37 exist under the laws of this state, brought or sought to be enforced 38 by a party with a contractual relationship with the person that is 39 the subject of the judgment entered in another state; or 40 p. 23 ESHB 1469.SL (c) Where no part of the acts that formed the basis for liability 1 occurred in this state. 2 NEW SECTION. Sec. 15. Any person in the state of Washington 3 that receives a subpoena from any court, state or federal, in the 4 United States or any of its territories, may, pursuant to the 5 Washington rules of civil procedure, move to modify or quash the 6 subpoena on the grounds that it is inconsistent with the public 7 policy of Washington under this chapter if: 8 (1) The information sought concerns the provision, receipt, 9 attempted provision or receipt, assistance in the provision or 10 receipt, or attempted assistance in the provision or receipt of 11 protected health care services that are lawful in the state of 12 Washington; and 13 (2) Liability in the underlying action is based in whole or in 14 part on a cause of action or criminal liability that is not available 15 under Washington law or the law of another state that is 16 substantially similar to Washington law. 17 NEW SECTION. Sec. 16. (1) The attorney general may bring an 18 action to enjoin any person from violating any provision of this 19 chapter. Upon proper showing, the superior court may grant a 20 permanent or temporary injunction, restraining order, writ of 21 mandamus, or any additional orders or judgments necessary to enjoin 22 such persons from violating this chapter. For any action in which the 23 attorney general prevails, the attorney general may recover the costs 24 of the action, including a reasonable attorney's fee. 25 (2) In furtherance of enforcing the provisions of this chapter 26 and ensuring compliance with the public policy of Washington, the 27 attorney general's office shall maintain a current list of any laws 28 of another state that impose criminal liability for the provision, 29 receipt, attempted provision or receipt, assistance in the provision 30 or receipt, or attempted assistance in the provision or receipt of 31 protected health care services that are lawful in Washington and make 32 such list available to the Washington state patrol. 33 NEW SECTION. Sec. 17. The courts of this state shall give full 34 faith and credit as provided for in the United States Constitution to 35 the public acts, records, and judicial proceedings of another state 36 p. 24 ESHB 1469.SL and nothing in this act shall be construed to undermine the primacy 1 of that clause. 2 Sec. 18. RCW 40.24.030 and 2022 c 231 s 5 are each amended to 3 read as follows: 4 (1)(a) An adult person, a parent or guardian acting on behalf of 5 a minor, or a guardian acting on behalf of an incapacitated person, 6 as defined in RCW 11.88.010, (b) any election official as described 7 in RCW 9A.90.120 who is a target for threats or harassment prohibited 8 under RCW 9A.90.120(2)(b) (iii) or (iv), and any family members 9 residing with ((him or her, and)) such person (c) any criminal 10 justice participant as defined in RCW 9A.46.020 who is a target for 11 threats or harassment prohibited under RCW 9A.46.020(2)(b) (iii) or 12 (iv) and any criminal justice participant as defined in RCW 9A.90.120 13 who is a target for threats or harassment prohibited under RCW 14 9A.90.120(2)(b) (iii) or (iv), and any family members residing with 15 ((him or her)) such person, and (d) any protected health care 16 services provider, employee, or an affiliate of such provider, who 17 provides, attempts to provide, assists in the provision, or attempts 18 to assist in the provision of protected health care services as 19 defined in section 2 of this act, and any family members residing 20 with such person, may apply to the secretary of state to have an 21 address designated by the secretary of state serve as the person's 22 address or the address of the minor or incapacitated person. The 23 secretary of state shall approve an application if it is filed in the 24 manner and on the form prescribed by the secretary of state and if it 25 contains: 26 (i) A sworn statement, under penalty of perjury, by the applicant 27 that the applicant has good reason to believe (A) that the applicant, 28 or the minor or incapacitated person on whose behalf the application 29 is made, is a victim of domestic violence, sexual assault, 30 trafficking, or stalking and that the applicant fears for ((his or 31 her)) the applicant's safety or ((his or her)) the applicant's 32 children's safety, or the safety of the minor or incapacitated person 33 on whose behalf the application is made; (B) that the applicant, as 34 an election official as described in RCW 9A.90.120, is a target for 35 threats or harassment prohibited under RCW 9A.90.120(2)(b) (iii) or 36 (iv); ((or)) (C) that the applicant, as a criminal justice 37 participant as defined in RCW 9A.46.020, is a target for threats or 38 harassment prohibited under RCW 9A.46.020(2)(b) (iii) or (iv), or 39 p. 25 ESHB 1469.SL that the applicant, as a criminal justice participant as defined in 1 RCW 9A.90.120 is a target for threats or harassment prohibited under 2 RCW 9A.90.120(2)(b) (iii) or (iv); or (D) that the applicant, as a 3 protected health care services provider, employee, or an affiliate of 4 such provider, who provides, attempts to provide, assists in the 5 provision, or attempts to assist in the provision of protected health 6 care services as defined in section 2 of this act, is a target for 7 threats or harassment prohibited under RCW 9A.90.120 or 9A.46.020; 8 (ii) If applicable, a sworn statement, under penalty of perjury, 9 by the applicant, that the applicant has reason to believe they are a 10 victim of (A) domestic violence, sexual assault, or stalking 11 perpetrated by an employee of a law enforcement agency, ((or;)) (B) 12 threats or harassment prohibited under RCW 9A.90.120(2)(b) (iii) or 13 (iv) or 9A.46.020(2)(b) (iii) or (iv), or (C) threats or harassment 14 as described in (a)(i)(D) of this subsection; 15 (iii) A designation of the secretary of state as agent for 16 purposes of service of process and for the purpose of receipt of 17 mail; 18 (iv) The residential address and any telephone number where the 19 applicant can be contacted by the secretary of state, which shall not 20 be disclosed because disclosure will increase the risk of (A) 21 domestic violence, sexual assault, trafficking, or stalking, ((or)) 22 (B) threats or harassment prohibited under RCW 9A.90.120(2)(b) (iii) 23 or (iv) or 9A.46.020(2)(b) (iii) or (iv), or (C) threats or 24 harassment as described in (a)(i)(D) of this subsection; 25 (v) The signature of the applicant and of any individual or 26 representative of any office designated in writing under RCW 27 40.24.080 who assisted in the preparation of the application, and the 28 date on which the applicant signed the application. 29 (2) Applications shall be filed with the office of the secretary 30 of state. 31 (3) Upon filing a properly completed application, the secretary 32 of state shall certify the applicant as a program participant. 33 Applicants shall be certified for four years following the date of 34 filing unless the certification is withdrawn or invalidated before 35 that date. The secretary of state shall by rule establish a renewal 36 procedure. 37 (4)(a) During the application process, the secretary of state 38 shall provide each applicant a form to direct the department of 39 licensing to change the address of registration for vehicles or 40 p. 26 ESHB 1469.SL vessels solely or jointly registered to the applicant and the address 1 associated with the applicant's driver's license or identicard to the 2 applicant's address as designated by the secretary of state upon 3 certification in the program. The directive to the department of 4 licensing is only valid if signed by the applicant. The directive may 5 only include information required by the department of licensing to 6 verify the applicant's identity and ownership information for 7 vehicles and vessels. This information is limited to the: 8 (i) Applicant's full legal name; 9 (ii) Applicant's Washington driver's license or identicard 10 number; 11 (iii) Applicant's date of birth; 12 (iv) Vehicle identification number and license plate number for 13 each vehicle solely or jointly registered to the applicant; and 14 (v) Hull identification number or vessel document number and 15 vessel decal number for each vessel solely or jointly registered to 16 the applicant. 17 (b) Upon certification of the applicants, the secretary of state 18 shall transmit completed and signed directives to the department of 19 licensing. 20 (c) Within 30 days of receiving a completed and signed directive, 21 the department of licensing shall update the applicant's address on 22 registration and licensing records. 23 (d) Applicants are not required to sign the directive to the 24 department of licensing to be certified as a program participant. 25 (5) A person who knowingly provides false or incorrect 26 information upon making an application or falsely attests in an 27 application that disclosure of the applicant's address would endanger 28 (a) the applicant's safety or the safety of the applicant's children 29 or the minor or incapacitated person on whose behalf the application 30 is made, (b) the safety of any election official as described in RCW 31 9A.90.120 who is a target for threats or harassment prohibited under 32 RCW 9A.90.120(2)(b) (iii) or (iv), ((or)) (c) the safety of any 33 criminal justice participant as defined in RCW 9A.46.020 who is a 34 target for threats or harassment prohibited under RCW 9A.46.020(2)(b) 35 (iii) or (iv) or of any criminal justice participant as defined in 36 RCW 9A.90.120 who is a target for threats or harassment prohibited 37 under RCW 9A.90.120(2)(b) (iii) or (iv), or (d) the safety of any 38 person as described in subsection (1)(a)(i)(D) of this section who is 39 a target for threats or harassment, or any family members residing 40 p. 27 ESHB 1469.SL with ((him or her)) such person, shall be punished under RCW 1 40.16.030 or other applicable statutes. 2 NEW SECTION. Sec. 19. If any provision of this act or its 3 application to any person or circumstance is held invalid, the 4 remainder of the act or the application of the provision to other 5 persons or circumstances is not affected. 6 NEW SECTION. Sec. 20. This act is necessary for the immediate 7 preservation of the public peace, health, or safety, or support of 8 the state government and its existing public institutions, and takes 9 effect immediately. 10 NEW SECTION. Sec. 21. Sections 1, 2, and 13 through 17 of this 11 act constitute a new chapter in Title 7 RCW. 12 Passed by the House February 28, 2023. Passed by the Senate April 10, 2023. Approved by the Governor April 27, 2023. Filed in Office of Secretary of State April 27, 2023. --- END --- p. 28 ESHB 1469.SL