H‑0405.2   _____________________________________________

 

HOUSE BILL 1604

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Schual‑Berke, Ballasiotes, O'Brien, Skinner, Campbell, Keiser, Ogden, Cody, Kenney, Kagi, Lovick, Edmonds, Darneille and Santos

 

Read first time 01/30/2001.  Referred to Committee on Criminal Justice & Corrections.

_1      AN ACT Relating to hospital safety; and amending RCW 9.41.300.

     

_2  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_3      Sec. 1.  RCW 9.41.300 and 1994 sp.s. c 7 s 429 are each amended to

_4  read as follows:

_5      (1) It is unlawful for any person to enter the following places

_6  when he or she knowingly possesses or knowingly has under his or

_7  her control a weapon:

_8      (a) The restricted access areas of a jail, or of a law

_9  enforcement facility, or any place used for the confinement of a

10  person (i) arrested for, charged with, or convicted of an offense,

11  (ii) held for extradition or as a material witness, or (iii)

12  otherwise confined pursuant to an order of a court, except an

13  order under chapter 13.32A or 13.34 RCW.  Restricted access areas do

14  not include common areas of egress or ingress open to the general

15  public;

16      (b) Those areas in any building which are used in connection

17  with court proceedings, including courtrooms, jury rooms, judge's

18  chambers, offices and areas used to conduct court business,

                               p. 1                       HB 1604

_1  waiting areas, and corridors adjacent to areas used in connection

_2  with court proceedings.  The restricted areas do not include common

_3  areas of ingress and egress to the building that is used in

_4  connection with court proceedings, when it is possible to protect

_5  court areas without restricting ingress and egress to the

_6  building.  The restricted areas shall be the minimum necessary to

_7  fulfill the objective of this subsection (1)(b).

_8      In addition, the local legislative authority shall provide

_9  either a stationary locked box sufficient in size for pistols and

10  key to a weapon owner for weapon storage, or shall designate an

11  official to receive weapons for safekeeping, during the owner's

12  visit to restricted areas of the building.  The locked box or

13  designated official shall be located within the same building used

14  in connection with court proceedings.  The local legislative

15  authority shall be liable for any negligence causing damage to or

16  loss of a weapon either placed in a locked box or left with an

17  official during the owner's visit to restricted areas of the

18  building.

19      The local judicial authority shall designate and clearly mark

20  those areas where weapons are prohibited, and shall post notices

21  at each entrance to the building of the prohibition against

22  weapons in the restricted areas;

23      (c) The restricted access areas of a public mental health

24  facility certified by the department of social and health services

25  for inpatient hospital care and state institutions for the care of

26  the mentally ill, excluding those facilities solely for evaluation

27  and treatment.  Restricted access areas do not include common areas

28  of egress and ingress open to the general public; ((or))

29      (d) That portion of an establishment classified by the state

30  liquor control board as off-limits to persons under twenty-one

31  years of age; or

32      (e) Any building licensed as a hospital pursuant to chapter

33  70.41 RCW, except in regard to a person in possession of a pistol

34  who carries a valid concealed pistol license issued pursuant to

35  RCW 9.41.070.  The areas where possession or control of a weapon is

36  restricted under this subsection (1)(e) do not include exterior

37  common areas of egress and ingress to the building open to the

38  general public.

HB 1604                        p. 2

 

_1      (2) Cities, towns, counties, and other municipalities may enact

_2  laws and ordinances:

_3      (a) Restricting the discharge of firearms in any portion of

_4  their respective jurisdictions where there is a reasonable

_5  likelihood that humans, domestic animals, or property will be

_6  jeopardized.  Such laws and ordinances shall not abridge the right

_7  of the individual guaranteed by Article I, section 24 of the state

_8  Constitution to bear arms in defense of self or others; and

_9      (b) Restricting the possession of firearms in any stadium or

10  convention center, operated by a city, town, county, or other

11  municipality, except that such restrictions shall not apply to:

12      (i) Any pistol in the possession of a person licensed under RCW

13  9.41.070 or exempt from the licensing requirement by RCW 9.41.060;

14  or

15      (ii) Any showing, demonstration, or lecture involving the

16  exhibition of firearms.

17      (3)(a) Cities, towns, and counties may enact ordinances

18  restricting the areas in their respective jurisdictions in which

19  firearms may be sold, but, except as provided in (b) of this

20  subsection, a business selling firearms may not be treated more

21  restrictively than other businesses located within the same zone.

22  An ordinance requiring the cessation of business within a zone

23  shall not have a shorter grandfather period for businesses selling

24  firearms than for any other businesses within the zone.

25      (b) Cities, towns, and counties may restrict the location of a

26  business selling firearms to not less than five hundred feet from

27  primary or secondary school grounds, if the business has a

28  storefront, has hours during which it is open for business, and

29  posts advertisements or signs observable to passersby that

30  firearms are available for sale.  A business selling firearms that

31  exists as of the date a restriction is enacted under this

32  subsection (3)(b) shall be grandfathered according to existing

33  law.

34      (4) Violations of local ordinances adopted under subsection (2)

35  of this section must have the same penalty as provided for by

36  state law.

37      (5) The perimeter of the premises of any specific location

                               p. 3                       HB 1604

_1  covered by subsection (1) of this section shall be posted at

_2  reasonable intervals to alert the public as to the existence of

_3  any law restricting the possession of firearms on the premises.

_4      (6) Subsection (1) of this section does not apply to:

_5      (a) A person engaged in military activities sponsored by the

_6  federal or state governments, while engaged in official duties;

_7      (b) Law enforcement personnel; or

_8      (c) Security personnel while engaged in official duties.

_9      (7) Subsection (1)(a) of this section does not apply to a

10  person licensed pursuant to RCW 9.41.070 who, upon entering the

11  place or facility, directly and promptly proceeds to the

12  administrator of the facility or the administrator's designee and

13  obtains written permission to possess the firearm while on the

14  premises or checks his or her firearm.  The person may reclaim the

15  firearms upon leaving but must immediately and directly depart

16  from the place or facility.

17      (8) Subsection (1)(c) and (e) of this section does not apply to

18  any administrator or employee of the facility or to any person

19  who, upon entering the place or facility, directly and promptly

20  proceeds to the administrator of the facility or the

21  administrator's designee and obtains written permission to possess

22  the firearm while on the premises.

23      (9) Subsection (1)(d) of this section does not apply to the

24  proprietor of the premises or his or her employees while engaged

25  in their employment.

26      (10) Any person violating subsection (1) of this section is

27  guilty of a gross misdemeanor.

28      (11) "Weapon" as used in this section means any firearm,

29  explosive as defined in RCW 70.74.010, or instrument or weapon

30  listed in RCW 9.41.250.

 

‑‑‑ END ‑‑‑

HB 1604                        p. 4