2268-S AMH DICK HALL 124
SHB 2268 - H AMD 157
By Representatives Dickerson and Lantz
ADOPTED 3/9/2007
Strike everything after the enacting clause and insert the following:
"Sec 1. RCW 9.41.280 and 1999 c 167 s 1 are each amended to
read as follows:
(1) It is unlawful for a person to carry onto, or to possess
on, 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;
(b) Any ((other dangerous weapon as defined in RCW 9.41.250))
live ammunition, an ammunition magazine, or a device for
suppressing the noise of any firearm;
(c) 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;
(d) Any device, commonly known as "throwing stars", which are
multi-pointed, metal objects designed to embed upon impact from any
aspect; ((or))
(e) 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;
(f) A blackjack, slung shot, sand club, billy club, or metal
knuckles;
(g) Any stun gun or other object, instrument, or device which,
when applied to a person or animal, is designed to administer an
incapacitating electric shock, charge, or impulse, including but
not limited to, a projectile stun gun, which projects wired probes
attached to the device that emit an electrical charge;
(h) Any explosive or any weapon containing poisonous or
injurious gases; or
(i) Any dirk, dagger, spring blade knife, knife having a blade
longer than three inches, razor with an unguarded blade, knife
having a blade which is automatically released by a spring
mechanism or other mechanical device, or knife having a blade which
opens, or falls, or is ejected into position by the force of
gravity, or by an outward, downward, or centrifugal thrust or movement.
(2) It is unlawful for a person on public or private
elementary or secondary school premises, school-provided
transportation, or areas of facilities while being used exclusively
by public or private schools, to possess and use, attempt to use,
threaten to use, or intend to use, any object, implement, or
instrument that has the capacity to inflict death or substantial
bodily harm when the use, attempt, threat, or intent is of a nature
likely to inflict such death or harm. Objects, implements, and
instruments subject to this subsection include but are not limited
to:
(a) Any knife not described in subsection (1) of this section;
(b) A leather punch, ice pick, or screwdriver;
(c) Any metal baton, pipe, bar, or other tool; or
(c) Any item not described in subsection (1) of this section
containing poisonous or injurious gas, liquid, or other substance.
(3) A multistakeholder advisory committee to the office of the
superintendent of public instruction that addresses elements of
school safety is encouraged to develop a model policy and guidance
for school building administrators, school staff, school security
personnel, and members of threat assessment committees regarding
procedures that should be followed to document evidence of a
person's use, attempt to use, threat to use, or intent to use a
dangerous weapon on school grounds.
(((2))) (4) Any ((such)) person violating subsection (1) or
(2) of this section is guilty of a gross misdemeanor, except as
provided in (a) of this subsection.
(a) Any person violating subsection (1)(a) of this section is
guilty of a class C felony, except that a student who was otherwise
legally in possession of an unloaded firearm secured within a
locked vehicle, and who possessed the firearm with no intent to use
it or threaten to use it, or intent to cause or threaten to cause
alarm with it, is guilty of a gross misdemeanor.
(b) In addition, if any person is convicted of a violation of
subsection (1)(a) of this section, the person shall have his or her
concealed pistol license, if any, revoked for a period of three
years. Anyone convicted under this subsection is prohibited from
applying for a concealed pistol license for a period of three
years. The court shall send notice of the revocation to the
department of licensing, and the city, town, or county which issued
the license.
(c) Any violation of subsection (1)(a) of this section by
elementary or secondary school students constitutes grounds for
expulsion from the state's public schools in accordance with RCW
28A.600.420. Any other violation by elementary or secondary school
students may constitute grounds for expulsion from the state's
public schools in accordance with RCW 28A.600.010. Within one
business day of any allegation or indication of a violation, an
appropriate school authority shall promptly notify law enforcement
and the student's parent or guardian regarding ((any)) the
allegation or indication of such violation. Law enforcement shall
forward this notification to the prosecuting attorney.
(d) Upon the arrest of a person ((at least twelve years of age
and)) not more than twenty-one years of age for violating
subsection (1)(a) of this section, the person shall be detained or
confined in a juvenile or adult facility for up to seventy-two
hours. If the person is under the age of twelve, the person may
only be detained under home detention or electronic monitoring. The
person shall not be released within the seventy-two hours until
after the person has been examined and evaluated by the ((county-))designated mental health professional unless the court in its
discretion releases the person ((sooner after a determination
regarding probable cause or on probation bond or bail)) to the
custody of a parent or guardian.
Within twenty-four hours of the arrest, the arresting law
enforcement agency shall refer the person to the ((county-))designated mental health professional for examination and
evaluation under chapter 71.05 or 71.34 RCW and inform a parent or
guardian of the person of the arrest, detention, and examination.
The ((county-))designated mental health professional shall examine
and evaluate the person subject to the provisions of chapter 71.05
or 71.34 RCW. The examination shall occur at the facility in which
the person is detained or confined. If ((the)) a person under
twelve years of age has been released ((on probation, bond, or
bail)) prior to the required examination, the examination shall
occur wherever is appropriate.
The ((county-))designated mental health professional may
determine whether to refer the person to the ((county-))designated
chemical dependency specialist for examination and evaluation in
accordance with chapter 70.96A RCW. The ((county-))designated
chemical dependency specialist shall examine the person subject to
the provisions of chapter 70.96A RCW. The examination shall occur
at the facility in which the person is detained or confined. If
((the)) a person under twelve years of age has been released ((on
probation, bond, or bail)) prior to the required examination, the
examination shall occur wherever is appropriate.
Upon completion of any examination by the ((county-))designated mental health professional or the ((county-))designated chemical dependency specialist, the results of the
examination shall be sent to the court, and the court shall
consider those results in making any determination about the person.
The ((county-))designated mental health professional and
((county-))designated chemical dependency specialist shall, to the
extent permitted by law, notify a parent or guardian of the person
that an examination and evaluation has taken place and the results
of the examination. Nothing in this subsection prohibits the
delivery of additional, appropriate mental health examinations to
the person while the person is detained or confined.
If the ((county-))designated mental health professional
determines it is appropriate, the ((county-))designated mental
health professional may refer the person to the local regional
support network for follow-up services or the department of social
and health services or other community providers for other services
to the family and individual. If the person examined is determined
by the designated mental health professional to be ineligible for
detention or services relative to the provisions of chapter 71.05
or 71.34 RCW, the person should be referred to a multidisciplinary
threat or risk assessment committee, where available, for
determination of the person's risk for continued violence and the
development of a safety plan for the person and any known targets
or victims. The threat or risk assessment committee is typically
comprised of representatives from school districts, local law
enforcement, local juvenile justice agencies, mental health, risk
management organizations, local family services organizations, and
school safety or security professionals.
(((3))) (5) 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 while the person is participating in a firearms
or air gun competition approved by the school or school district;
(e) Any person in possession of a pistol who has been issued
a license under RCW 9.41.070, or is exempt from the licensing
requirement by RCW 9.41.060, while picking up or dropping off a student;
(f) Any nonstudent at least eighteen years of age legally in
possession of a firearm or ((dangerous)) other weapon specified in
subsection (1) of this section that is secured within an attended
vehicle or concealed from view within a locked unattended vehicle
while conducting legitimate business at the school;
(g) Any nonstudent at least eighteen years of age who is in
lawful possession of an unloaded firearm, secured in a vehicle
while conducting legitimate business at the school; ((or))
(h) Any law enforcement officer of the federal, state, or
local government agency; or
(i) Any person legally in possession of a weapon specified in
subsection (1) of this section for an activity or class authorized
to be conducted on the school premises, school-provided
transportation, or areas of facilities while being used exclusively
by the school, where the weapon has been brought to the school
premises with express prior permission to be used in the approved
activity or class, or has been provided specifically for the
activity or class.
(((4))) (6) Subsections (1)(c) and (d) of this section do not
apply to 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.
(((5))) (7) Except as provided in subsection (((3))) (5)(b),
(c), (((f))), and (h) of this section, firearms are not permitted
in a public or private school building.
(((6))) (8) "GUN-FREE ZONE" signs shall be posted around
school facilities giving warning of the prohibition of the
possession of firearms on school grounds."
Correct the title.
EFFECT:
Removes sling shots and fireworks from the definition of a dangerous weapon.
Narrows the list of examples of objects that may be considered dangerous weapons because they are possessed and used, or threatened to be used, in a manner that is likely to inflict death or substantial bodily harm.
Limits detention of juveniles under the age of twelve prior to the mental health evaluation to home detention or electronic monitoring rather than incarceration in a detention facility.
Removes the limitation on the age of the juvenile who the court may release to his or her parent to allow the court to release a juvenile of any age to his or her parent prior to a mental health evaluation.
Clarifies that possession of a weapon, other than a firearm, at school may constitute grounds for expulsion, but expulsion is not required.