Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Judiciary Committee

ESSB 5263

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to prohibiting devices in schools that are designed to administer to a person or an animal an electric shock, charge, or impulse.

Brief Description: Prohibiting devices in schools that are designed to administer to a person or an animal an electric shock, charge, or impulse.

Sponsors: Senate Committee on Judiciary (originally sponsored by Senators Hargrove, Brandland and Tom).

Brief Summary of Engrossed Substitute Bill

  • Prohibits a person from possessing or bringing onto school property a stun gun or any device or object used or intended to be used as a weapon with the intent to injure a person with an electric shock, charge, or impulse.

Hearing Date: 3/18/09

Staff: Edie Adams (786-7180)

Background:

With several exceptions, it is a gross misdemeanor for a person to possess dangerous weapons on public or private elementary or secondary school property. The following dangerous weapons are prohibited: firearms; nun-chu-ka sticks; throwing stars; air guns; and "dangerous weapons" listed under another statute as slung shots, sand clubs, metal knuckles, devices for suppressing the noise of a firearm, and certain knives, such as switchblades.School property includes the school premises, transportation systems, and areas of any facility while being used exclusively by a public or private school. Exceptions from the ban on possession of dangerous weapons are made for law enforcement, security or military personnel, persons involved in firearms safety events or competitions, persons with concealed pistol licenses who are picking up or dropping off students, and non-students 18 years or older in lawful possession of a dangerous weapon that is secured in a vehicle. In addition, an exception is provided for any person possessing nun-chu-ka sticks, throwing stars, or other dangerous weapons for use in an authorized martial arts class.

An elementary or secondary school student who brings a prohibited weapon to school is subject to expulsion. The school must immediately notify law enforcement and the student's parent or guardian of the violation.

Summary of Bill:

The list of weapons prohibited on school grounds is expanded to include: a portable device manufactured to function as a weapon and which is commonly known as a stun gun; and a device or object which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse.

An exception is provided for any person who possesses the stun gun or device for a purpose approved by the school for use in a school authorized event or activity.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.