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10.16.110 | Statement of prosecuting attorney if no information filed—Court action. | It shall be the duty of the prosecuting attorney of the proper county to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination, as provided by law, touching the commission of any offense wherein the offender shall be committed to jail, or become rec... |
10.16.145 | Witnesses—Recognizances with sureties. | If the magistrate shall be satisfied that there is good cause to believe that any such witness will not perform the condition of his or her recognizance unless other security be given, such magistrate may order the witness to enter into recognizance with such sureties as may be deemed necessary for his or her appearanc... |
10.16.150 | Recognizances for minors. | When any minor is a material witness, any other person may be allowed to recognize for the appearance of such witness, or the magistrate may, in his or her discretion, take the recognizance of such minor in a sum not exceeding fifty dollars which shall be valid and binding in law, notwithstanding the disability of mino... |
10.16.160 | Witnesses—Failure to furnish recognizance—Commitment—Deposition—Discharge. | All witnesses required to recognize with or without sureties shall, if they refuse, be committed to the county jail by the magistrate, there to remain until they comply with such orders or be otherwise discharged according to law: PROVIDED, That when the magistrate is satisfied that any witness required to recognize wi... |
10.19.040 | Officers authorized to take recognizance and approve bail. | Any officer authorized to execute a warrant in a criminal action, may take the recognizance and justify and approve the bail; he or she may administer an oath and examine the bail as to its sufficiency.
[ 2010 c 8 s 1013 ; Code 1881 s 1034; 1873 p 229 s 214 ; 1854 p 114 s 78 ; RRS s 2087. FORMER PART OF SECTION: 1891 c... |
10.19.055 | Class A or B felony offenses—Bail for release determined by judicial officer. | Bail for the release of a person arrested and detained for a class A or B felony offense must be determined on an individualized basis by a judicial officer.
[ 2012 c 6 s 1 ; 2010 c 254 s 2 .] |
10.19.060 | Certification and filing of recognizances. | Every recognizance taken by any peace officer must be certified by him or her forthwith to the clerk of the court to which the defendant is recognized. The clerk must thereupon record the recognizance in the order book, and, from the time of filing, it has the same effect as if taken in open court.
[ 2010 c 8 s 1014 ; ... |
10.19.065 | Taking and entering recognizances. | Recognizances in criminal proceedings may be taken in open court and entered on the order book.
[Code 1881 s 1033; 1854 p 114 s 77 ; RRS s 2086.] |
10.19.090 | Forfeiture, exoneration of recognizances—Judgment—Execution. | In criminal cases where a recognizance for the appearance of any person, either as a witness or to appear and answer, shall have been taken and a default entered, the recognizance shall be declared forfeited by the court, and at the time of adjudging such forfeiture said court shall enter judgment against the principal... |
10.19.100 | Stay of execution of forfeiture judgment—Bond. | The parties, or either of them, against whom such judgment may be entered in the superior or supreme courts, may stay said execution for sixty days by giving a bond with two or more sureties, to be approved by the clerk, conditioned for the payment of such judgment at the expiration of sixty days, unless the same shall... |
10.19.105 | Forfeiture judgment vacated on defendant's production—When. | If a bond be given and execution stayed, as provided in RCW 10.19.100 , and the person for whose appearance such recognizance was given shall be produced in court before the expiration of said period of sixty days, the judge may vacate such judgment upon such terms as may be just and equitable, otherwise execution shal... |
10.19.110 | Recognizances before district judge or magistrate—Forfeiture—Action. | All recognizances taken and forfeited before any district judge or magistrate, shall be forthwith certified to the clerk of the superior court of the county; and it shall be the duty of the prosecuting attorney to proceed at once by action against all the persons bound in such recognizances, and in all forfeited recogn... |
10.19.120 | Actions not barred by defect of form or formality. | No action brought on any recognizance, bail, or appearance bond given in any criminal proceeding whatever shall be barred or defeated, nor shall judgment be arrested thereon, by reason of any neglect or omission to note or record the default of any principal or surety at the time when such default shall happen, or by r... |
10.19.140 | Return of bond to surety, when. | If a forfeiture has been entered against a person in a criminal case and the person is returned to custody or produced in court within twelve months from the forfeiture, then the full amount of the bond, less any and all costs determined by the court to have been incurred by law enforcement in transporting, locating, a... |
10.19.150 | Liability of surety, limitation. | The liability of the surety is limited to the amount of the bond when acting within the scope of the surety's duties in issuing the bond.
[ 1986 c 322 s 4 .]
Severability — 1986 c 322: See note following RCW 10.19.090 . |
10.19.160 | Surrender of person under surety's bond. | The surety on the bond may return to custody a person in a criminal case under the surety's bond if the surrender is accompanied by a notice of forfeiture or a notarized affidavit specifying the reasons for the surrender. The surrender shall be made to the county or city jail affiliated with the jurisdiction issuing th... |
10.19.170 | Violent offenders—Reasons for release without bail. | Notwithstanding CrR 3.2, a court who releases a defendant arrested or charged with a violent offense as defined in RCW 9.94A.030 on the offender's personal recognizance or personal recognizance with conditions must state on the record the reasons why the court did not require the defendant to post bail.
[ 1996 c 181 s ... |
10.21.010 | Intent. | It is the intent of the legislature to enact a law for the purpose of reasonably assuring public safety in bail determination hearings and hearings pursuant to the proposed amendment to Article I, section 20 of the state Constitution set forth in House Joint Resolution No. 4220. Other provisions of law address matters ... |
10.21.015 | Pretrial release program. | (1) Under this chapter, "pretrial release program" is any program in superior, district, or municipal court, either run directly by a county or city, or by a private or public entity through contract with a county or city, into whose custody an offender is released prior to trial and which agrees to supervise the offen... |
10.21.017 | Home detention. | Under this chapter where a person charged with a felony offense is ordered to enter a program of home detention, "home detention" means any program meeting the definition of home detention in RCW 9.94A.030 , and complying with the requirements of RCW 9.94A.736 .
[ 2018 c 276 s 3 ; 2015 c 287 s 6 .]
Findings — Intent — ... |
10.21.020 | Appearance before judicial officer—Issuance of order. | Upon the appearance before a judicial officer of a person charged with an offense, the judicial officer must issue an order that, pending trial, the person be: (1) Released on personal recognizance; (2) Released on a condition or combination of conditions ordered under RCW 10.21.030 or other provision of law; (3) Tempo... |
10.21.030 | Conditions of release—Judicial officer may amend order.(Effective until January 1, 2029.) | (1) The judicial officer in any felony, misdemeanor, or gross misdemeanor case may at any time amend the order to impose additional or different conditions of release. The conditions imposed under this chapter supplement but do not supplant provisions of law allowing the imposition of conditions to assure the appearanc... |
10.21.040 | Detention order—Hearing—Expedited review. | If, after a hearing on offenses prescribed in Article I, section 20 of the state Constitution, the judicial officer finds, by clear and convincing evidence, that a person shows a propensity for violence that creates a substantial likelihood of danger to the community or any persons, and finds that no condition or combi... |
10.21.045 | Conditions of release—Drugs and intoxicating liquors—Testing. | A judicial officer in a municipal, district, or superior court imposing conditions of pretrial release for a defendant accused of a misdemeanor, gross misdemeanor, or felony offense, may prohibit the defendant from possessing or consuming any intoxicating liquors or drugs not prescribed to the defendant, and require th... |
10.21.050 | Conditions of release—Judicial officer to consider available information. | The judicial officer in any felony, misdemeanor, or gross misdemeanor case must, in determining whether there are conditions of release that will reasonably assure the safety of any other person and the community, take into account the available information concerning: (1) The nature and circumstances of the offense ch... |
10.21.055 | Conditions of release—Requirements—Ignition interlock device—24/7 sobriety program monitoring—Notice by court, when—Release order. | (1)(a) When any person charged with a violation of RCW 46.61.502 , 46.61.504 , 46.61.520 , or 46.61.522 , in which the person has a prior offense as defined in RCW 46.61.5055 and the current offense involves alcohol, is released from custody at arraignment or trial on bail or personal recognizance, the court authorizin... |
10.21.060 | Hearing—Appearance—Defendant's right to representation—Detention of defendant. | (1) The judicial officer must hold a hearing in cases involving offenses prescribed in Article I, section 20, to determine whether any condition or combination of conditions will reasonably assure the safety of any other person and the community upon motion of the attorney for the government. (2) The hearing must be he... |
10.21.070 | Release order—Requirements. | In a release order issued under RCW 10.21.030 the judicial officer must: (1) Include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the defendant's conduct; and (2) Advise the defendant of: (a) The penalties for... |
10.21.080 | Detention order—Requirements—Temporary release. | (1) In a detention order issued under RCW 10.21.040 , the judicial officer must: (a) Include written findings of fact and a written statement of the reasons for the detention; (b) Direct that the person be committed to the custody of the appropriate correctional authorities for confinement separate, to the extent pract... |
10.21.090 | Home detention or electronic monitoring—Conditions. | A monitoring agency, as defined in RCW 9.94A.736 , may not agree to monitor pursuant to home detention or electronic monitoring an offender who is currently awaiting trial for a violent or sex offense, as defined in RCW 9.94A.030 , unless the defendant's release before trial is secured with a payment of bail. If bail i... |
10.21.900 | Construction of chapter. | Nothing in this chapter may be construed as modifying or limiting the presumption of innocence.
[ 2010 c 254 s 11 .]
Intent — Contingent effective date — 2010 c 254: See notes following RCW 10.21.010 . |
10.22.010 | When permitted—Exceptions. | When a defendant is prosecuted in a criminal action for a misdemeanor, other than a violation of RCW 9A.48.105 , for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in RCW 10.22.020 , except when it was committed: (1) By or upon an ... |
10.22.020 | Procedure—Costs. | In such case, if the party injured appear in the court in which the cause is pending at any time before the final judgment therein, and acknowledge, in writing, that he or she has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be discon... |
10.22.030 | Compromise in all other cases forbidden. | No offense can be compromised, nor can any proceedings for the prosecution or punishment thereof be stayed upon a compromise, except as provided in this chapter.
[ 1891 c 28 s 64 ; Code 1881 s 1043; RRS s 2128.] |
10.25.065 | Perjury outside the state. | Perjury committed outside of the state of Washington in a statement, declaration, verification, or certificate authorized by chapter 5.50 RCW is punishable in the county in this state in which occurs the act, transaction, matter, action, or proceeding, in relation to which the statement, declaration, verification, or c... |
10.25.070 | Change of venue—Procedure. | The defendant may show to the court, by affidavit, that he or she believes he or she cannot receive a fair trial in the county where the action is pending, owing to the prejudice of the judge, or to excitement or prejudice against the defendant in the county or some part thereof, and may thereupon demand to be tried in... |
10.25.130 | Costs. | When a criminal case is transferred to another county pursuant to this chapter the county from which such case is transferred shall pay to the county in which the case is tried all costs accrued for per diem and mileage for jurors and witnesses and all other costs properly charged to a convicted defendant.
[ 1961 c 303... |
10.25.140 | Change of venue by outside jury. | When a change of venue is ordered and the court, upon motion to transfer a jury or in the absence of such motion, determines that it would be more economical to move the jury than to move the pending action and that justice will be served, a change of venue shall be accomplished by the selection of a jury in the county... |
10.27.010 | Short title—Purpose. | This chapter shall be known as the criminal investigatory act of 1971 and is enacted on behalf of the people of the state of Washington to serve law enforcement in combating crime and corruption.
[ 1971 ex.s. c 67 s 1 .] |
10.27.020 | Definitions. | For the purposes of this chapter: (1) The term "court" shall mean any superior court in the state of Washington. (2) The term "public attorney" shall mean the prosecuting attorney of the county in which a grand jury or special grand jury is impaneled; the attorney general of the state of Washington when acting pursuant... |
10.27.030 | Summoning grand jury. | No grand jury shall be summoned to attend at the superior court of any county except upon an order signed by a majority of the judges thereof. A grand jury shall be summoned by the court, where the public interest so demands, whenever in its opinion there is sufficient evidence of criminal activity or corruption within... |
10.27.040 | Selection of grand jury members. | Members of the grand jury shall be selected in the manner provided in chapter 2.36 RCW.
[ 1988 c 188 s 17 ; 1971 ex.s. c 67 s 4 .]
Legislative findings — Severability — Effective date — 1988 c 188: See notes following RCW 2.36.010 . |
10.27.050 | Special inquiry judge—Selection. | In every county a superior court judge as designated by a majority of the judges shall be available to serve as a special inquiry judge to hear evidence concerning criminal activity and corruption.
[ 1971 ex.s. c 67 s 5 .] |
10.27.060 | Discharge of panel, juror—Grounds. | Neither the grand jury panel nor any individual grand juror may be challenged, but the court may: (1) At any time before a grand jury is sworn discharge the panel and summon another if it finds that the original panel does not substantially conform to the requirements of chapter 2.36 RCW; or (2) At any time after a gra... |
10.27.070 | Oath—Officers—Witnesses. | (1) When the grand jury is impaneled, the court shall appoint one of the jurors to be foreperson, and also another of the jurors to act as foreperson in case of the absence of the foreperson. (2) The grand jurors must be sworn pursuant to the following oath: "You, as grand jurors for the county of . . . . . ., do solem... |
10.27.080 | Persons authorized to attend—Restrictions on attorneys. | No person shall be present at sessions of the grand jury or special inquiry judge except the witness under examination and his or her attorney, public attorneys, the reporter, an interpreter, a public servant guarding a witness who has been held in custody, if any, and, for the purposes provided for in RCW 10.27.170 , ... |
10.27.090 | Secrecy enjoined—Exceptions—Use and availability of evidence. | (1) Every member of the grand jury shall keep secret whatever he, she, or any other grand juror has said, and how he, she, or any other grand juror has voted, except for disclosure of indictments, if any, as provided in RCW 10.27.150 . (2) No grand juror shall be permitted to state or testify in any court how he, she, ... |
10.27.100 | Inquiry as to offenses—Duties—Investigation. | The grand jurors shall inquire into every offense triable within the county for which any person has been held to answer, if an indictment has not been found or an information filed in such case, and all other indictable offenses within the county which are presented to them by a public attorney or otherwise come to th... |
10.27.110 | Duration of sessions—Extensions. | The length of time which a grand jury may sit after being convened shall not exceed sixty days. Before expiration of the sixty day period and any extensions, and upon showing of good cause, the court may order the grand jury panel extended for a period not to exceed sixty days.
[ 1971 ex.s. c 67 s 11 .] |
10.27.120 | Self-incrimination—Right to counsel. | Any individual called to testify before a grand jury or special inquiry judge, whether as a witness or principal, if not represented by an attorney appearing with the witness before the grand jury or special inquiry judge, must be told of his or her privilege against self-incrimination. Such an individual has a right t... |
10.27.130 | Self-incrimination—Refusal to testify or give evidence—Procedure. | If in any proceedings before a grand jury or special inquiry judge, a person refuses, or indicates in advance a refusal, to testify or provide evidence of any other kind on the ground that he or she may be incriminated thereby, and if a public attorney requests the court to order that person to testify or provide the e... |
10.27.140 | Witnesses—Attendance. | (1) Except as provided in this section, no person has the right to appear as a witness in a grand jury or special inquiry judge proceeding. (2) A public attorney may call as a witness in a grand jury or special inquiry judge proceeding any person believed by him or her to possess information or knowledge relevant there... |
10.27.150 | Indictments—Issuance. | After hearing, examining, and investigating the evidence before it, a grand jury may, in its discretion, issue an indictment against a principal. A grand jury shall find an indictment only when from all the evidence at least three-fourths of the jurors are convinced that there is probable cause to believe a principal i... |
10.27.160 | Grand jury report. | The grand jury may prepare its conclusions, recommendations and suggestions in the form of a grand jury report. Such report shall be released to the public only upon a determination by a majority of the judges of the superior court of the county court that (1) the findings in the report deal with matters of broad publi... |
10.27.170 | Special inquiry judge—Petition for order—Investigation of sexual exploitation of children. | (1) When any public attorney, corporation counsel or city attorney has reason to suspect crime or corruption, within the jurisdiction of such attorney, and there is reason to believe that there are persons who may be able to give material testimony or provide material evidence concerning such suspected crime or corrupt... |
10.27.180 | Special inquiry judge—Disqualification from subsequent proceedings. | The judge serving as a special inquiry judge shall be disqualified from acting as a magistrate or judge in any subsequent court proceeding arising from such inquiry except alleged contempt for neglect or refusal to appear, testify or provide evidence at such inquiry in response to an order, summons or subpoena.
[ 1971 ... |
10.27.190 | Special inquiry judge—Direction to public attorney for proceedings in another county—Procedure. | Upon petition of a public attorney to the special inquiry judge that there is reason to suspect that there exists evidence of crime and corruption in another county, and with the concurrence of the special inquiry judge and prosecuting attorney of the other county, the special inquiry judge may direct the public attorn... |
10.29.010 | Short title. | This chapter shall be known and may be cited as the Statewide Special Inquiry Judge Act.
[ 1980 c 146 s 1 .] |
10.29.020 | Intent. | It is the intent of the legislature in enacting this chapter to strengthen and enhance the ability of the state to detect and eliminate organized criminal activity.
[ 1980 c 146 s 2 .] |
10.29.050 | Powers and duties of statewide special inquiry judge. | A statewide special inquiry judge shall have the following powers and duties: (1) To hear and receive evidence of crime and corruption. (2) To appoint a reporter to record the proceedings; and to swear the reporter not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090 . (3) Whenev... |
10.29.060 | Disclosures by witness—Penalty. | Any witness who shall disclose the fact that he or she has been called as a witness before a statewide special inquiry judge or who shall disclose the nature of the testimony given shall be guilty of a misdemeanor.
[ 1980 c 146 s 6 .] |
10.29.070 | Rules. | The supreme court shall develop and adopt rules to govern the procedures of a statewide special inquiry judge proceeding including rules assuring the confidentiality of all proceedings, testimony, and the identity of persons called as witnesses. The adoption of such rules shall be subject to the approval of such rules ... |
10.29.100 | Vacancy in office. | Whenever a statewide special inquiry judge or special prosecutor appointed under this chapter dies or in any other way is rendered incapable of continuing the duties of his or her office, a successor shall be appointed to serve for the remainder of the judge's or prosecutor's term in the manner provided for by *RCW 10.... |
10.29.110 | Duties of special prosecutor or designee. | The special prosecutor or his or her designee shall: (1) Attend all proceedings of the statewide special inquiry judge; (2) Have the authority to issue subpoenas for witnesses statewide; (3) Examine witnesses, present evidence, draft reports as directed by the statewide special inquiry judge, and draft and file informa... |
10.29.120 | Advising county prosecuting attorney—Filing and prosecution of informations—Expenses of prosecutions. | (1) The special prosecutor shall advise the county prosecuting attorney in any affected county of the nature of the statewide special inquiry judge investigation and of any informations arising from such proceedings unless such disclosures will create a substantial likelihood of a conflict of interest for the county pr... |
10.29.130 | Disqualification of judge from subsequent proceedings. | The judge serving as a special inquiry judge shall be disqualified from acting as a magistrate or judge in any subsequent court proceeding arising from such inquiry except alleged contempt for neglect or refusal to appear, testify, or provide evidence at such inquiry in response to an order, summons, or subpoena.
[ 198... |
10.31.030 | Service—How—Warrant not in possession, procedure—Bail. | The officer making an arrest must inform the defendant that he or she acts under authority of a warrant, and must also show the warrant: PROVIDED, That if the officer does not have the warrant in his or her possession at the time of arrest he or she shall declare that the warrant does presently exist and will be shown ... |
10.31.040 | Officer may break and enter. | (1) To make an arrest in criminal actions, the officer may break open any outer or inner door, or windows of a dwelling house or other building, or any other enclosure, if, after notice of his or her office and purpose, he or she be refused admittance. (2) An officer may not seek and a court may not issue a search or a... |
10.31.060 | Arrest by telegraph or teletype. | Whenever any person or persons shall have been indicted or accused on oath of any public offense, or thereof convicted, and a warrant of arrest shall have been issued, the magistrate issuing such warrant, or any justice of the supreme court, or any judge of either the court of appeals or superior court may indorse ther... |
10.31.100 | Arrest without warrant. | A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the pres... |
10.31.110 | Alternatives to arrest—Individuals with mental disorders or substance use disorders. | (1) When a police officer has reasonable cause to believe that the individual has committed acts constituting a crime, and the individual is known by history or consultation with the behavioral health administrative services organization, managed care organization, crisis hotline, local crisis services providers, or co... |
10.32.005 | Findings—Intent—Purpose—2024 c 207. | The legislature recognizes that the 29 federally recognized Indian tribes with territory inside the state of Washington have a shared interest with the state in public safety, and that continued and expanded cooperation with tribal justice systems will promote that interest. The legislature also recognizes that tribes ... |
10.32.007 | Short title. | This chapter may be known and cited as the "tribal warrants act."
[ 2024 c 207 s 15 .] |
10.32.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Certified tribe" means a federally recognized tribe located within the borders of the state of Washington that (a) may impose a term of imprisonment of greater than one year, or a fine greater than $5,000, ... |
10.32.020 | Certification—Tribes. | A certified tribe must provide certification of *RCW 10.32.010 (2) (a) and (b), signed by the tribe's judicial officer and chief legal counsel, to the office of the attorney general. The office of the attorney general shall receive the certification documentation indicating that the tribe meets the requirements of the ... |
10.32.030 | Noncertified tribes—Detention—Notice. | A place of detention shall provide notice to the tribal law enforcement within the jurisdiction of a noncertified tribe who issued an arrest warrant for a tribal fugitive as soon as practicable after learning that the tribal fugitive is a prisoner in the place of detention. The notice shall include the reason for the d... |
10.32.040 | Noncertified tribes—Demand—Extradition. | The noncertified tribe whose court issued the warrant of arrest may demand the extradition of the tribal fugitive from a place of detention. The demand will be recognized if in writing, it alleges that the person is a tribal fugitive, the tribal court has jurisdiction, and is accompanied by either: (1) A copy of the co... |
10.32.042 | Tribal fugitive—Extradition—Standing—State court hearing. | The certified or noncertified tribe demanding the extradition of a tribal fugitive pursuant to this chapter shall have standing in any hearing in state court testing the legality of the extradition.
[ 2025 c 259 s 2 .] |
10.32.050 | Tribal fugitive—Criminal prosecution pending. | If a criminal prosecution has been instituted against a tribal fugitive under the laws of this state or any political subdivision thereof and is still pending, extradition on a tribal court request under RCW 10.32.030 through 10.32.090 shall be placed on hold until the tribal fugitive's release from a place of detentio... |
10.32.060 | Noncertified tribes—Order of surrender. | (1) The attorney general or prosecuting attorney shall submit all applicable documents specified in RCW 10.32.030 to a superior court judge in this state along with a motion for an order of surrender. The motion for an order of surrender shall be served upon the person whose extradition is demanded. (2) A person who is... |
10.32.070 | Noncertified tribes—Persons in custody. | (1) Subject to the provisions of RCW 10.32.050 , a place of detention shall deliver or make available a person in custody to the noncertified tribe without a judicial order of surrender provided that: (a) Such person is alleged to have broken the terms of his or her probation, parole, bail, or any other release of the ... |
10.32.080 | Noncertified tribes—Fugitive transport. | (1) A noncertified tribe that requests extradition pursuant to chapter 207, Laws of 2024 is responsible to arrange the transportation for the tribal fugitive from the place of detention to the tribal court or detention facility. The detention facility and noncertified tribe are encouraged to select the means of transpo... |
10.32.090 | Noncertified tribes—Judicial hearing. | (1) A peace officer may arrest a person subject to a tribal arrest warrant from a noncertified tribe when the warrant is presented by a tribal court representative or tribal law enforcement officer to the peace officer or a general authority Washington law enforcement agency as defined in RCW 10.93.020 or entered in th... |
10.32.100 | Certified tribes—Procedure for tribal warrants. | (1) Any arrest warrant issued by the court of a certified tribe shall be accorded full faith and credit by the courts of the state of Washington and enforced by the court and peace officers of the state as if it were the arrest warrant of the state. Certified tribes' warrants may be entered into the national crime info... |
10.32.110 | Authority of the state or local jurisdictions. | Chapter 207, Laws of 2024 is not intended to and does not diminish the authority of the state or local jurisdictions to enter into government-to-government agreements with Indian tribes, including mutual aid and other interlocal agreements, concerning the movement of persons within their jurisdiction, does not diminish... |
10.32.115 | Authority of the state or local jurisdictions—Superior court of the county. | (1) Upon issuing a tribal warrant, the court of a tribe may file such warrant with the superior court of the county in which the tribe is physically located along with: (a) A certified copy of the charging document; (b) The tribal code provision, constitutional provision, or federal statute authorizing the certified tr... |
10.32.118 | Tribal warrants—Warrant issued. | Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime by any federally recognized tribe with territory located within the borders of the state of Washington and with having fled from justice, or with having... |
10.32.120 | Tribal warrants—Other warrants. | A tribal arrest warrant under chapter 207, Laws of 2024 is not required to be given prioritization above other warrants.
[ 2024 c 207 s 13 .] |
10.32.130 | Tribal warrants—Criminally or civilly liable. | (1) A peace officer as defined in RCW 43.101.010 , limited authority Washington peace officer as defined in RCW 10.93.020 , specially commissioned Washington peace officer as defined in RCW 10.93.020 , local or state corrections officer as defined in RCW 43.101.010 , jail as defined in RCW 70.48.020 , or such officer's... |
10.32.900 | Effective date—2024 c 207. | This act takes effect July 1, 2025, except for section 17 of this act, which is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect May 1, 2024.
[ 2024 c 207 s 18 .] |
10.34.010 | Officer may arrest defendant in any county. | If any person against whom a warrant may be issued for an alleged offense, committed in any county, shall either before or after the issuing of such warrant, escape from, or be out of the county, the sheriff or other officer to whom such warrant may be directed, may pursue and apprehend the party charged, in any county... |
10.34.020 | Escape—Retaking prisoner—Authority. | If a person arrested escape or be rescued, the person from whose custody he or she made his or her escape, or was rescued, may immediately pursue and retake him or her at any time, and within any place in the state. To retake the person escaping or rescued, the person pursuing has the same power to command assistance a... |
10.34.030 | Escape—Retaking in foreign state—Extradition agents. | The governor may appoint agents to make a demand upon the executive authority of any state or territory for the surrender of any fugitive from justice, or any other person charged with a felony or any other crime in this state. Whenever an application shall be made to the governor for the appointment of an agent he or ... |
10.37.010 | Pleadings required in criminal proceedings. | No pleading other than an indictment, information or complaint shall be required on the part of the state in any criminal proceedings in any court of the state, and when such pleading is in the manner and form as provided by law the defendant shall be required to plead thereto as prescribed by law without any further a... |
10.37.015 | Charge by information or indictment—Exceptions. | (1) No person shall be held to answer in any court for an alleged crime or offense, unless upon an information filed by the prosecuting attorney, or upon an indictment by a grand jury, except in cases of misdemeanor or gross misdemeanor before a district or municipal judge, or before a court-martial, except as provided... |
10.37.040 | Indictment—Form. | The indictment may be substantially in the following form: State of Washington v. A. . . . . . B. . . . . . Superior Court of the State of Washington for the County of . . . . A. B. is accused by the grand jury of the . . . . . . . . . ., by this indictment, of the crime of [here insert the name of the ... |
10.37.050 | Indictment or information—Sufficiency. | The indictment or information is sufficient if it can be understood therefrom — (1) That it is entitled in a court having authority to receive it; (2) That it was found by a grand jury or prosecuting attorney of the county in which the court was held; (3) That the defendant is named, or if his or her name cannot be dis... |
10.37.052 | Indictment or information—Requisites. | The indictment or information must contain — (1) The title of the action, specifying the name of the court to which the indictment or information is presented and the names of the parties; (2) A statement of the acts constituting the offense, in ordinary and concise language, without repetition, and in such manner as t... |
10.37.054 | Indictment or information—Certainty. | The indictment or information must be direct and certain as it regards: (1) The party charged; (2) The crime charged; and (3) The particular circumstances of the crime charged, when they are necessary to constitute a complete crime.
[ 1891 c 28 s 22 ; Code 1881 s 1006; 1873 p 225 s 189 ; 1869 p 241 s 184 ; 1854 p 112 s... |
10.37.056 | Indictment or information—Certain defects or imperfections deemed immaterial. | No indictment or information is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of any of the following matters, which were formerly deemed defects or imperfections: (1) For want of an allegation of the time or place of any material fact, when the time and place have been o... |
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