BP BHEAD INT H

AN ACT Relating to possession of dangerous weapons by juveniles in or near certain areas; amending RCW 9.41.280, 13.40.265, and 46.20.265; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. It is evident from many sources, including reports from schools, police, the media, and research, that the possession by youth of firearms and other dangerous weapons on school grounds and in other public areas such as parks poses a serious risk to public safety. Concern about gang activity is increasing. The legislature finds the current prohibitions against firearms and other dangerous weapons on school premises to be important, but insufficient in deterring youth from possessing firearms and other dangerous weapons or in engaging in gang-related activity at or near schools and public parks. The legislature further finds that additional deterrents are needed.

Sec. 2. RCW 9.41.280 and 1993 c 347 s 1 are each amended to read as follows:

(1) It is unlawful for a person to carry onto public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:

(a) Any firearm; or

(b) Any dangerous weapon as defined in RCW 9.41.250; or

(d) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; or

((~~(d)~~)) (e) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or

((~~(e)~~)) (f) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.

(2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor.

Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. However, any violation of subsection (1)(a) of this section by an elementary or secondary school student shall result in expulsion in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.

(3) Subsection (1) of this section does not apply to:

(a) Any student or employee of a private military academy when on the property of the academy;

(b) Any person engaged in military, law enforcement, or school district security activities;

(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;

(d) Any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises;

(e) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;

(f) Any person who has been issued a license under RCW 9.41.070, while picking up or dropping off a student;

(g) Any person legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;

(h) Any person who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or

(i) Any law enforcement officer of the federal, state, or local government agency.

(4) Except as provided in subsection (3)(b), (c), (e), and (i) of this section, firearms are not permitted in a public or private school building.

(5)(a) No person under the age of eighteen years may possess a firearm or other dangerous weapon within one thousand feet of the perimeter of public or private elementary or secondary school premises. (b) No person under the age of eighteen years may possess a firearm or other dangerous weapon in a public park, or within one thousand feet of the perimeter of a public park.

(c) As used in this subsection (5), the term "dangerous weapon" includes any item listed in subsection (1)(b) through (f) of this section.

(d) This subsection (5) does not apply to a person:

(i) Engaged in an activity listed in subsection (3)(a) through (e) of this section;

(ii) Otherwise in lawful possession of an unloaded firearm or of another dangerous weapon while in a motor vehicle proceeding along a public thoroughfare; or

(iii) On private property not part of school premises, with the permission of the property owner, if the person under the age of eighteen is otherwise in lawful possession of the firearm or other dangerous weapon.

(6) In addition to any other penalty provided for by law, driving privileges shall be revoked or postponed for a person thirteen years of age or older and under the age of eighteen found to have illegally possessed a firearm or other dangerous weapon in violation of subsections (1) and (5) of this section. The person's driving privileges shall be postponed or revoked and reinstated in accordance with the procedures established in RCW 13.40.265 and 46.20.265.

(7) "GUN-FREE ZONE" signs shall be posted ((~~around~~)) at the boundary of school facilities giving warning of the prohibition of the possession of firearms on school grounds.

Sec. 3. RCW 13.40.265 and 1989 c 271 s 116 are each amended to read as follows:

(1)(a) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW or RCW 9.41.280 (1) or (5), the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

(b) Except as otherwise provided in (c) of this subsection, upon petition of a juvenile who has been found by the court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW or RCW 9.41.280 (1) or (5), the court may at any time the court deems appropriate notify the department of licensing that the juvenile's driving privileges should be reinstated.

(c)(i) If the offense is the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered, whichever is later. If the offense is the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.

(ii) If the offense is a violation of RCW 9.41.280 (1) or (5), the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked under RCW 46.20.265 until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.

(2)(a) If a juvenile enters into a diversion agreement with a diversion unit pursuant to RCW 13.40.080 concerning an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the diversion unit shall notify the department of licensing within twenty-four hours after the diversion agreement is signed.

(b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the department of licensing when the juvenile has completed the agreement.

Sec. 4. RCW 46.20.265 and 1991 c 260 s 1 are each amended to read as follows:

(1) In addition to any other authority to revoke driving privileges under this chapter, the department shall revoke all driving privileges of a juvenile when the department receives notice from a court pursuant to RCW 13.40.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070, or a substantially similar municipal ordinance adopted by a local legislative authority, or from a diversion unit pursuant to RCW 13.40.265. The revocation shall be imposed without hearing.

(2) The driving privileges of the juvenile revoked under subsection (1) of this section shall be revoked in the following manner:

(a) Except as provided in (c) of this subsection, upon receipt of the first notice, the department shall impose a revocation for one year, or until the juvenile reaches seventeen years of age, whichever is longer.

(b) Except as provided in (c) of this subsection, upon receipt of a second or subsequent notice, the department shall impose a revocation for two years or until the juvenile reaches eighteen years of age, whichever is longer.

(c) Upon receipt of a notice of a violation of RCW 9.41.280 (1) or (5), the department shall impose a revocation for two years or until the juvenile reaches eighteen years of age, whichever is longer.

(3) If the department receives notice from a court that the juvenile's privilege to drive should be reinstated, the department shall immediately reinstate any driving privileges that have been revoked under this section.

(4)(a) If the department receives notice pursuant to RCW 13.40.265(2)(b) from a diversion unit that a juvenile has completed a diversion agreement for which the juvenile's driving privileges were revoked, the department shall reinstate any driving privileges revoked under this section as provided in (b) of this subsection.

(b) If the diversion agreement was for the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of ninety days after the date the juvenile turns sixteen or ninety days after the juvenile entered into a diversion agreement for the offense. If the diversion agreement was for the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of the date the juvenile turns seventeen or one year after the juvenile entered into the second or subsequent diversion agreement.