BP BHEAD INT H

AN ACT Relating to enhancing penalties for juvenile offenders; adding a new section to chapter 13.40 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. A new section is added to chapter 13.40 RCW to read as follows:

(1) A juvenile shall be sentenced to twice the community supervision, community service, or confinement authorized by RCW 13.40.0357 if the juvenile:

(a) Commits an offense while armed with a firearm; and

(b) The offense was committed:

(i) In a school;

(ii) On a school bus;

(iii) Within one thousand feet of a school bus route stop designated by the school district;

(iv) Within one thousand feet of the perimeter of the school grounds;

(v) In a public park;

(vi) On a public transit vehicle;

(vii) In a public transit stop shelter; or

(viii) In public housing.

(2)(a) The prosecuting attorney shall file special allegations that (i) the offense took place within the prohibited areas listed in subsection (1)(b) of this section; and (ii) the juvenile was armed with a firearm during the commission of the offense when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably consistent defense that could be raised under the evidence, would justify a finding by a reasonable and objective fact finding that the juvenile committed the offense within a prohibited area and with a firearm.

(b) In a juvenile case wherein the special allegations described in (a) of this subsection have been made, the state shall prove beyond a reasonable doubt that the juvenile committed the offense within a prohibited area and that the juvenile was armed with a firearm. The court shall make a finding of fact of whether the juvenile committed the offense within a prohibited area and while armed with a firearm.

(3) In a disposition under this section, a map produced or reproduced by any municipal, school district, county, or transit authority engineer for the purpose of depicting the location and boundaries of the area on or within one thousand feet of any property used for a school, school bus route stop, public park, or public transit vehicle stop shelter, or a true copy of such a map, shall under proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas if the governing body of the municipality, school district, county, or transit authority has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the area on or within one thousand feet of the school, school bus route stop, public park, or public transit vehicle stop shelter. Any map approved under this section or a true copy of the map shall be filed with the clerk of the municipality or county, and shall be maintained as an official record of the municipality or county. This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense. This section shall not be construed as precluding the use or admissibility of any map or diagram other than the one which has been approved by the governing body of a municipality, school district, county, or transit authority if the map or diagram is otherwise admissible under court rule.

(4) As used in this section the following terms have the meanings indicated unless the context clearly requires otherwise:

(a) "School" has the meaning under RCW 28A.150.010 or 28A.150.020. The term "school" also includes a private school approved under RCW 28A.195.010;

(b) "School bus" means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by any school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students. The term does not include buses operated by common carriers in the urban transportation of students such as transportation of students through a municipal transportation system;

(c) "School bus route stop" means a school bus stop as designated on maps submitted by school districts to the office of the superintendent of public instruction;

(d) "Public park" means land, including any facilities or improvements on the land, that is operated as a park by the state or a local government;

(e) "Public transit vehicle" means any motor vehicle, street car, train, trolley vehicle, or any other device, vessel, or vehicle which is owned or operated by a transit authority and which is used for the purpose of carrying passengers on a regular schedule;

(f) "Transit authority" means a city, county, or state transportation system, transportation authority, public transportation benefit area, public transit authority, or metropolitan municipal corporation within the state that operates public transit vehicles;

(g) "Stop shelter" means a passenger shelter designated by a transit authority;

(h) "Public housing" means any housing owned or operated by a municipal housing authority as specified in chapter 35.82 RCW.

NEW SECTION. Sec. 2. Section 1 of this act shall apply to offenses committed after June 30, 1994.