S-2210.1                   _______________________________________________

                                            SUBSTITUTE SENATE BILL 5323

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senate Committee on Education (originally sponsored by Senators Talmadge, Pelz, Moyer, McDonald, Winsley and Oke)

Read first time 03/03/93.

Creating a misdemeanor of interfering with school activities.

          AN ACT Relating to the protection of students in kindergarten through twelfth grades; amending RCW 28A.635.020; and prescribing penalties.

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

        Sec. 1.  RCW 28A.635.020 and 1981 c 36 s 1 are each amended to read as follows:

          (1) It shall be unlawful for any person to willfully disobey the order of the chief administrative officer of a public school district, or of an authorized designee of any such administrator, to leave any motor vehicle, building, grounds or other property which is owned, operated or controlled by the school district or approved private school if the person so ordered is under the influence of alcohol or drugs, or is committing, threatens to imminently commit or incites another to imminently commit any act which would disturb or interfere with or obstruct any lawful task, function, process or procedure of the school district or approved private school or any lawful task, function, process or procedure of any student, official, employee or invitee of the school district or approved private school.  The order of a school officer or designee acting pursuant to this subsection shall be valid if the officer or designee reasonably believes a person ordered to leave is under the influence of alcohol or drugs, is committing acts, or is creating a disturbance as provided in this subsection.

          (2) It shall be unlawful for any person to refuse to leave public property immediately adjacent to a building, grounds or property which is owned, operated or controlled by a school district or approved private school when ordered to do so by a law enforcement officer if such person is engaging in conduct which creates a substantial risk of causing injury to any person, or substantial harm to property, or such conduct amounts to disorderly conduct under RCW 9A.84.030.

          (3) It shall be unlawful for any person to interfere with school activities.  Interfering with school activities means conduct committed while school is in session and the person is on public premises adjacent to or on the grounds of any public or approved private school and the person:

(a) Makes any noise or diversion that disturbs or tends to disturb the peace or good order of a school session or a class or a school session and the person is requested to leave by a school authority; or

(b) Fails to leave the premises or immediate vicinity of the public or approved private school while the school is in session at the request of a school authority if the person is committing, threatens to commit, or is initiating the commission by another of an act that would disrupt, impair, interfere with, or obstruct the lawful mission, process, procedures, or functions of the public or approved private school.

(c) This subsection (3) shall not apply to any conduct that is protected by state or federal law or by the first amendment of the Constitution of the United States.

(4) Nothing in this section shall be construed to prohibit or penalize activity consisting of the lawful exercise of freedom of speech, freedom of press and the right to peaceably assemble and petition the government for a redress of grievances:  PROVIDED, That such activity neither does or threatens imminently to materially disturb or interfere with or obstruct any lawful task, function, process or procedure of the school district, or any lawful task, function, process or procedure of any student, official, employee or invitee of the school district:  PROVIDED FURTHER, That such activity is not conducted in violation of a prohibition or limitation lawfully imposed by the school district upon entry or use of any motor vehicle, building, grounds or other property which is owned, operated or controlled by the school district.

          (((4))) (5) Any person guilty of violating this section shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be fined not more than five hundred dollars, or imprisoned in jail for not more than six months or both so fined and imprisoned.

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