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FIFTY-SEVENTH DAY

__________


MORNING SESSION


__________


House Chamber, Olympia, Monday, March 7, 1994


             The House was called to order at 9:00 a.m. by the Speaker (Representative Mastin presiding). The Clerk called the roll and a quorum was present.


             Representative Wang assumed the chair.


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Kira Jacobsen and Raefael Evans. Prayer was offered by Representative Romero.


             Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

 

MESSAGES FROM THE SENATE


March 6, 1994


Mr. Speaker:

             The Senate concurred in the House amendments to the following Senate bills and passed the bills as amended by the House:


ENGROSSED SENATE BILL NO. 5920,

SUBSTITUTE SENATE BILL NO. 6018,

ENGROSSED SENATE BILL NO. 6044,

SECOND SUBSTITUTE SENATE BILL NO. 6053,

SUBSTITUTE SENATE BILL NO. 6070,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6123,

SENATE BILL NO. 6203,

SUBSTITUTE SENATE BILL NO. 6217,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6228,

SENATE BILL NO. 6266,

SUBSTITUTE SENATE BILL NO. 6283,

ENGROSSED SENATE BILL NO. 6284,

SUBSTITUTE SENATE BILL NO. 6298,

SUBSTITUTE SENATE BILL NO. 6307,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6339,

ENGROSSED SENATE BILL NO. 6356,

SENATE BILL NO. 6377,

SENATE BILL NO. 6408,

SUBSTITUTE SENATE BILL NO. 6447,

SUBSTITUTE SENATE BILL NO. 6466,

SUBSTITUTE SENATE BILL NO. 6487,

ENGROSSED SENATE BILL NO. 6493,

SENATE BILL NO. 6516,

SUBSTITUTE SENATE BILL NO. 6556,

SUBSTITUTE SENATE BILL NO. 6571,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6585,

SENATE JOINT MEMORIAL NO. 8030,

and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


March 6, 1994


Mr. Speaker:

             The Senate has adopted:


SENATE CONCURRENT RESOLUTION NO. 8423,

and the same is herewith transmitted.


Brad Hendrickson, Deputy Secretary


March 5, 1994


Mr. Speaker:

             The Senate concurred in the House amendments to the following Senate bills and passed the bills as amended by the House:


SUBSTITUTE SENATE BILL NO. 5038,

SECOND SUBSTITUTE SENATE BILL NO. 5341,

SECOND SUBSTITUTE SENATE BILL NO. 5698,

SUBSTITUTE SENATE BILL NO. 5714,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5995,

SUBSTITUTE SENATE BILL NO. 6000,

SENATE BILL NO. 6023,

ENGROSSED SENATE BILL NO. 6037,

SUBSTITUTE SENATE BILL NO. 6039,

SUBSTITUTE SENATE BILL NO. 6045,

SENATE BILL NO. 6061,

SUBSTITUTE SENATE BILL NO. 6063,

SUBSTITUTE SENATE BILL NO. 6082,

SUBSTITUTE SENATE BILL NO. 6093,

SUBSTITUTE SENATE BILL NO. 6100,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6125,

SENATE BILL NO. 6146,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6155,

ENGROSSED SENATE BILL NO. 6158,

SUBSTITUTE SENATE BILL NO. 6188,

SENATE BILL NO. 6205,

SENATE BILL NO. 6220,

and the same are herewith transmitted.


Marty Brown, Secretary


             There being no objection, the House advanced to the eighth order of business.


RESOLUTION


             HOUSE RESOLUTION NO. 94-4713, by Representatives Long, Veloria and J. Kohl


             WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and

             WHEREAS, Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin have exhibited the highest level of excellence in their commitment to education, public service, family, children, church, and community; and

             WHEREAS, Mr. Bayani Cruz Mangalindan was born January 10, 1920, in Los Banos, Laguna, Philippines and Mrs. Lenore Munoz Fermin was born June 10, 1926, in San Carlos, Pangasinan, Philippines; and

             WHEREAS, Mr. Bayani Cruz Mangalindan attended Station Mesa Elementary School and San Jose Elementary School; graduated from Central Luzon Agricultural School; received his Elementary Teacher's Certificate from San Carlos College, and his Masters in Education: Administration and Supervision from the University of the Philippines; and

             WHEREAS, Mrs. Lenore Munoz Fermin attended San Carlos Elementary School; graduated from San Carlos Rural High School; received her Elementary Teacher's Certificate from San Carlos College, her Bachelor of Science in Education from San Carlos College, her Master of Arts: Guidance and Counseling from Pangasinan University, and her Music Education Certificate from University of the Philippines; and

             WHEREAS, Mr. Bayani Cruz Mangalindan received the Community Leadership Educational Program Scholarship from the University of the Philippines, and the Philippine Public Schools Teachers Association Scholarship; and

             WHEREAS, Mrs. Lenore Munoz Fermin received the Bureau of Public Schools Music Education Scholarship, and the Philippines Public Schools Teachers Association Scholarship; and

             WHEREAS, Mr. Bayani Cruz Mangalindan proved his dedication and competence as an educator by serving in the Philippines as a Public Schools Classroom Teacher, Public Schools Head Teacher, Public Schools Principal I, Public Schools Principal II, and Public Schools District Supervisor, and in the United States as an Office Assistant IV at the University of Washington and as Equipment Technician with Husky Football at the University of Washington; and

             WHEREAS, Mrs. Lenore Munoz Fermin proved her dedication and competence as an educator by serving in the Philippines as a Public Schools Grade Six Teacher, District Guidance Counselor, Public Schools Head Teacher, Public Schools Principal I, Public Schools Principal II, and Public Schools General Education Supervisor, and in the United States as an Accounting Assistant at the University of Washington and Budget Coordinator at the University of Washington; and

             WHEREAS, Mr. Bayani Cruz Mangalindan also served the public in the Philippines as a Provincial Rice Cultural Specialist; Corporal, USAFFE; Master Sergeant, ECLGA; Clerk of Court, Justice of the Peace; and

             WHEREAS, Mrs. Lenore Munoz Fermin also served children in the United States as a Child Specialist with the International Child Center in Seattle, Washington; and

             WHEREAS, Mr. Bayani Cruz Mangalindan also served the community as a Licensed Lay Preacher; Sunday School Teacher; Editor of the Rotary Newsletter; Organizer and first President, San Carlos City Public Schools Teachers Association; President, Administrators League; Manager, San Carlos City Athletics; President, San Carlenans of Seattle; and Father of the Year, 1985 Filipino Community of Seattle; and

             WHEREAS, Mrs. Lenore Munoz Fermin also served the community as a Licensed Lay Preacher; Sunday School Teacher; President, Pangasinan United Methodist Women; President, San Carlos City Public Schools Teachers Association; Treasurer, San Carlos Teachers Credit Union; Organizer, San Carlos Retirees Association; President, Beacon United Methodist Women; Chairperson, Church School of Beacon United Methodist Church; Vice President, University of the Philippines Alumni Association; Treasurer, University of the Philippines Alumni Association; Treasurer, Filipino Community of Seattle; Chair, Filipino Community Newsletter; Treasurer, Crystal Hills Home Owners Association; Christian Personhood Coordinator, United Methodist Women of the Pacific Northwest; and Mother of the Year, 1981, Filipino Community of Seattle; and

             WHEREAS, Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin were married on December 12, 1943, and were blessed with six wonderful children as a result of their loving union, Luningning in 1944, Luisa in 1946, Nathaniel in 1949, Joel in 1954, Ruth in 1958, and Loida in 1963; and

             WHEREAS, Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin have been faithfully married to each other for over fifty fulfilling years replete with love and joy, interspersed with disappointments, defeats, sickness, pain, and anguish; and

             WHEREAS, Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin attribute their overcoming adversity and achieving contentment to founding their union upon the solid foundation of commitment; trust in each other's fidelity, regard for each other's well-being, and a deep faith in the love, mercy, and grace of Christ their Lord; and

             WHEREAS, Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin established a family unit that provided positive role models of stability, security, training in life skills, building of self-esteem, and setting and achieving goals as a way to succeed; and

             WHEREAS, Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin have demonstrated their lifelong devotion to family, friends, and fellow citizens of the Philippines and the United States and are an inspiration to all those their lives have touched;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington recognize the value of the faith, hope, love, and commitment Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin have given to each other and honor Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin for the dedicated service that characterizes their lifes' work and for the outstanding example of diligence and virtue they have set for others, and express the hope that their future efforts will bring them the same amount of happiness and success; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin.


             Representative Long moved adoption of the resolution. Representatives Long and Veloria spoke in favor of the resolution.


             House Resolution No. 4713 was adopted.


             There being no objection, the House reverted to the third order of business.


             With the consent of the House, the House considered the following bills in the following order: Engrossed Second Substitute House Bill No. 2154, Engrossed House Bill No. 1756, Second Substitute House Bill No. 2210, Second Substitute House Bill No. 2228, House Bill No. 2512 and Engrossed House Bill No. 2521.


SENATE AMENDMENTS TO HOUSE BILL


March 4, 1994


Mr. Speaker:


             The Senate has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2154 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. INTENT. The legislature recognizes that long-term care facilities are a critical part of the state's long-term care services system. It is the intent of the legislature that individuals who reside in long-term care facilities receive appropriate services, be treated with courtesy, and continue to enjoy their basic civil and legal rights.

             It is also the intent of the legislature that long-term care facility residents have the opportunity to exercise reasonable control over life decisions. The legislature finds that choice, participation, privacy, and the opportunity to engage in religious, political, civic, recreational, and other social activities foster a sense of self-worth and enhance the quality of life for long-term care residents.

             The legislature finds that the public interest would be best served by providing the same basic resident rights in all long-term care settings. Residents in nursing facilities are guaranteed certain rights by federal law and regulation, 42 U.S.C. 1396r and 42 C.F.R. part 483. It is the intent of the legislature to extend those basic rights to residents in veterans' homes, boarding homes, and adult family homes.

             The legislature intends that a facility should care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of life. A resident should have a safe, clean, comfortable, and homelike environment, allowing the resident to use his or her personal belongings to the extent possible.


             NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Department" means the department of state government responsible for licensing the provider in question.

             (2) "Facility" means a long-term care facility.

             (3) "Long-term care facility" means a facility that is licensed or required to be licensed under chapter 18.20, 72.36, or 70.128 RCW.

             (4) "Resident" means the individual receiving services in a long-term care facility, that resident's attorney in fact, guardian, or other legal representative acting within the scope of their authority.

             (5) "Physical restraint" means a manual method, obstacle, or physical or mechanical device, material, or equipment attached or adjacent to the resident's body that restricts freedom of movement or access to his or her body is used for discipline or convenience and not required to treat the resident's medical symptoms.

             (6) "Chemical restraint" means a psychopharmacologic drug that is used for discipline or convenience and not required to treat the resident's medical symptoms.

             (7) "Representative" means a person appointed under RCW 7.70.065.


             NEW SECTION. Sec. 3. EXERCISE OF RIGHTS. The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident and assist the resident which include:

             (1) The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States and the state of Washington.

             (2) The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights.

             (3) In the case of a resident adjudged incompetent by a court of competent jurisdiction, the rights of the resident are exercised by the person appointed to act on the resident's behalf.

             (4) In the case of a resident who has not been adjudged incompetent by a court of competent jurisdiction, a representative may exercise the resident's rights to the extent provided by law.


             NEW SECTION. Sec. 4. NOTICE OF RIGHTS AND SERVICES. (1) The facility must inform the resident both orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in the facility. The notification must be made prior to or upon admission. Receipt of the information must be acknowledged in writing.

             (2) The resident or his or her legal representative has the right:

             (a) Upon an oral or written request, to access all records pertaining to himself or herself including clinical records within twenty-four hours; and

             (b) After receipt of his or her records for inspection, to purchase at a cost not to exceed the community standard photocopies of the records or portions of them upon request and two working days' advance notice to the facility.

             (3) The facility must inform each resident in writing before, or at the time of admission, and at least once every twenty-four months thereafter of: (a) Services available in the facility; (b) charges for those services including charges for services not covered by the facility's per diem rate or applicable public benefit programs; and (c) the rules of operations required under section 15(2) of this act.

             (4) The facility must furnish a written description of residents rights that includes:

             (a) A description of the manner of protecting personal funds, under section 5 of this act;

             (b) A posting of names, addresses, and telephone numbers of the state survey and certification agency, the state licensure office, the state ombudsmen program, and the protection and advocacy systems; and

             (c) A statement that the resident may file a complaint with the appropriate state licensing agency concerning resident abuse, neglect, and misappropriation of resident property in the facility.

             (5) Notification of changes.

             (a) A facility must immediately consult with the resident's physician, and if known, make reasonable efforts to notify the resident's legal representative or an interested family member when there is:

             (i) An accident involving the resident which requires or has the potential for requiring physician intervention;

             (ii) A significant change in the resident's physical, mental, or psychosocial status (i.e., a deterioration in health, mental, or psychosocial status in either life-threatening conditions or clinical complications).

             (b) The facility must promptly notify the resident or the resident's representative shall make reasonable efforts to notify an interested family member, if known, when there is:

             (i) A change in room or roommate assignment; or

             (ii) A decision to transfer or discharge the resident from the facility.

             (c) The facility must record and update the address and phone number of the resident's representative or interested family member, upon receipt of notice from them.


             NEW SECTION. Sec. 5. PROTECTION OF RESIDENT'S FUNDS. (1) The resident has the right to manage his or her financial affairs, and the facility may not require residents to deposit their personal funds with the facility.

             (2) Upon written authorization of a resident, if the facility agrees to manage the resident's personal funds, the facility must hold, safeguard, manage, and account for the personal funds of the resident deposited with the facility as specified in this section.

             (3)(a) The facility must deposit a resident's personal funds in excess of one hundred dollars in an interest-bearing account or accounts that is separate from any of the facility's operating accounts, and that credits all interest earned on residents' funds to that account. In pooled accounts, there must be a separate accounting for each resident's share.

             (b) The facility must maintain a resident's personal funds that do not exceed one hundred dollars in a noninterest-bearing account, interest-bearing account, or petty cash fund.

             (4) The facility must establish and maintain a system that assures a full and complete and separate accounting of each resident's personal funds entrusted to the facility on the resident's behalf.

             (a) The system must preclude any commingling of resident funds with facility funds or with the funds of any person other than another resident.

             (b) The individual financial record must be available on request to the resident or his or her legal representative.

             (5) Upon the death of a resident with a personal fund deposited with the facility the facility must convey within forty-five days the resident's funds, and a final accounting of those funds, to the individual or probate jurisdiction administering the resident's estate.


             NEW SECTION. Sec. 6. PRIVACY AND CONFIDENTIALITY. The resident has the right to personal privacy and confidentiality of his or her personal and clinical records.

             (1) Personal privacy includes accommodations, medical treatment, written and telephone communications, personal care, visits, and meetings of family and resident groups. This does not require the facility to provide a private room for each resident however, a resident cannot be prohibited by the facility from meeting with guests in his or her bedroom if no roommates object.

             (2) The resident may approve or refuse the release of personal and clinical records to an individual outside the facility unless otherwise provided by law.


             NEW SECTION. Sec. 7. GRIEVANCES. A resident has the right to:

             (1) Voice grievances. Such grievances include those with respect to treatment that has been furnished as well as that which has not been furnished; and

             (2) Prompt efforts by the facility to resolve grievances the resident may have, including those with respect to the behavior of other residents.


             NEW SECTION. Sec. 8. EXAMINATION OF SURVEY OR INSPECTION RESULTS. A resident has the right to:

             (1) Examine the results of the most recent survey or inspection of the facility conducted by federal or state surveyors or inspectors and plans of correction in effect with respect to the facility. A notice that the results are available must be publicly posted with the facility's state license, and the results must be made available for examination by the facility in a place readily accessible to residents; and

             (2) Receive information from agencies acting as client advocates, and be afforded the opportunity to contact these agencies.


             NEW SECTION. Sec. 9. MAIL AND TELEPHONE. The resident has the right to privacy in communications, including the right to:

             (1) Send and promptly receive mail that is unopened;

             (2) Have access to stationery, postage, and writing implements at the resident's own expense; and

             (3) Have reasonable access to the use of a telephone where calls can be made without being overheard.


             NEW SECTION. Sec. 10. ACCESS AND VISITATION RIGHTS. (1) The resident has the right and the facility must not interfere with access to any resident by the following:

             (a) Any representative of the state;

             (b) The resident's individual physician;

             (c) The state long-term care ombudsman as established under chapter 43.190 RCW;

             (d) The agency responsible for the protection and advocacy system for developmentally disabled individuals as established under part C of the developmental disabilities assistance and bill of rights act;

             (e) The agency responsible for the protection and advocacy system for mentally ill individuals as established under the protection and advocacy for mentally ill individuals act;

             (f) Subject to reasonable restrictions to protect the rights of others and to the resident's right to deny or withdraw consent at any time, immediate family or other relatives of the resident and others who are visiting with the consent of the resident;

             (g) The agency responsible for the protection and advocacy system for individuals with disabilities as established under section 509 of the rehabilitation act of 1973, as amended, who are not served under the mandates of existing protection and advocacy systems created under federal law.

             (2) The facility must provide reasonable access to a resident by his or her representative or an entity or individual that provides health, social, legal, or other services to the resident, subject to the resident's right to deny or withdraw consent at any time.

             (3) The facility must allow representatives of the state ombudsman to examine a resident's clinical records with the permission of the resident or the resident's legal representative, and consistent with state and federal law.


             NEW SECTION. Sec. 11. PERSONAL PROPERTY. (1) The resident has the right to retain and use personal possessions, including some furnishings, and appropriate clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other residents.

             (2) The facility shall, upon request, provide the resident with a lockable container or other lockable storage space for small items of personal property, unless the resident's individual room is lockable with a key issued to the resident.


             NEW SECTION. Sec. 12. TRANSFER AND DISCHARGE REQUIREMENTS. (1) The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless:

             (a) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility;

             (b) The safety of individuals in the facility is endangered;

             (c) The health of individuals in the facility would otherwise be endangered;

             (d) The resident has failed to make the required payment for his or her stay; or

             (e) The facility ceases to operate.

             (2) Before a facility transfers or discharges a resident, the facility must:

             (a) Notify the resident and representative and make a reasonable effort to notify, if known, an interested family member of the transfer or discharge and the reasons for the move in writing and in a language and manner they understand;

             (b) Record the reasons in the resident's record; and

             (c) Include in the notice the items described in subsection (4) of this section.

             (3)(a) Except when specified in this subsection, the notice of transfer of discharge required under subsection (2) of this section must be made by the facility at least thirty days before the resident is transferred or discharged.

             (b) Notice may be made as soon as practicable before transfer or discharge when:

             (i) The safety of individuals in the facility would be endangered;

             (ii) The health of individuals in the facility would be endangered;

             (iii) An immediate transfer or discharge is required by the resident's urgent medical needs; or

             (iv) A resident has not resided in the facility for thirty days.

             (4) The written notice specified in subsection (2) of this section must include the following:

             (a) The reason for transfer or discharge;

             (b) The effective date of transfer or discharge;

             (c) The location to which the resident is transferred or discharged;

             (d) The name, address, and telephone number of the state long-term care ombudsman;

             (e) For residents with developmental disabilities, the mailing address and telephone number of the agency responsible for the protection and advocacy of developmentally disabled individuals established under part C of the developmental disabilities assistance and bill of rights act; and

             (f) For residents who are mentally ill, the mailing address and telephone number of the agency responsible for the protection and advocacy of mentally ill individuals established under the protection and advocacy for mentally ill individuals act.

             (5) A facility must provide sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility.

             (6) A resident discharged in violation of this section has the right to be readmitted immediately upon the first availability of a gender-appropriate bed in the facility.


             NEW SECTION. Sec. 13. RESTRAINTS. The resident has the right to be free from physical restraint or chemical restraint. This section does not require or prohibit facility staff from reviewing the judgment of the resident's physician in prescribing psychopharmacologic medications.


             NEW SECTION. Sec. 14. ABUSE. The resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.

             (1) The facility must not use verbal, mental, sexual, or physical abuse, including corporal punishment or involuntary seclusion.

             (2) Subject to available resources, the department of social and health services shall provide background checks required by RCW 43.43.842 for employees of facilities licensed under chapter 18.20 RCW without charge to the facility.


             NEW SECTION. Sec. 15. QUALITY OF LIFE. (1) The facility must promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality.

             (2) Within reasonable facility rules designed to protect the rights and quality of life of residents, the resident has the right to:

             (a) Choose activities, schedules, and health care consistent with his or her interests, assessments, and plans of care;

             (b) Interact with members of the community both inside and outside the facility;

             (c) Make choices about aspects of his or her life in the facility that are significant to the resident;

             (d) Wear his or her own clothing and determine his or her own dress, hair style, or other personal effects according to individual preference;

             (e) Unless adjudged incompetent or otherwise found to be legally incapacitated, participate in planning care and treatment or changes in care and treatment;

             (f) Unless adjudged incompetent or otherwise found to be legally incapacitated, to direct his or her own service plan and changes in the service plan, and to refuse any particular service so long as such refusal is documented in the record of the resident.

             (3)(a) A resident has the right to organize and participate in resident groups in the facility.

             (b) A resident's family has the right to meet in the facility with the families of other residents in the facility.

             (c) The facility must provide a resident or family group, if one exists, with meeting space.

             (d) Staff or visitors may attend meetings at the group's invitation.

             (e) When a resident or family group exists, the facility must listen to the views and act upon the grievances and recommendations of residents and families concerning proposed policy and operational decisions affecting resident care and life in the facility.

             (f) The resident has the right to refuse to perform services for the facility except as voluntarily agreed by the resident and the facility in the resident's service plan.

             (4) A resident has the right to participate in social, religious, and community activities that do not interfere with the rights of other residents in the facility.

             (5) A resident has the right to:

             (a) Reside and receive services in the facility with reasonable accommodation of individual needs and preferences, except when the health or safety of the individual or other residents would be endangered; and

             (b) Receive notice before the resident's room or roommate in the facility is changed.

             (6) A resident has the right to share a double room with his or her spouse when married residents live in the same facility and both spouses consent to the arrangement.


             NEW SECTION. Sec. 16. FEE DISCLOSURE--DEPOSITS. (1) Prior to admission, all long-term care facilities or nursing facilities licensed under chapter 18.51 RCW that require payment of an admissions fee, deposit, or a minimum stay fee, by or on behalf of a person seeking admissions to the long-term care facility or nursing facility, shall provide the resident, or his or her representative, full disclosure in writing of the long-term care facility or nursing facility's schedule of charges for items and services provided by the facility and the amount of any admissions fees, deposits, or minimum stay fees. In addition, the long-term care facility or nursing facility shall also fully disclose in writing prior to admission what portion of the deposits, admissions fees, or minimum stay fees will be refunded to the resident or his or her representative if the resident leaves the long-term care facility or nursing facility. If a resident, during the first thirty days of residence, dies or is hospitalized and does not return to the facility, the facility shall refund any deposit already paid less the facility's per diem rate for the days the resident actually resided or reserved a bed in the facility notwithstanding any minimum stay policy. All long-term care facilities or nursing facilities covered under this section are required to refund any and all refunds due the resident or their representative within thirty days from the resident's date of discharge from the facility. Nothing in this section applies to provisions in contracts negotiated between a nursing facility or long-term care facility and a certified health plan, health or disability insurer, health maintenance organization, managed care organization, or similar entities.

             (2) Where a long-term care facility or nursing facility requires the execution of an admission contract by or on behalf of an individual seeking admission to the facility, the terms of the contract shall be consistent with the requirements of this section.


             NEW SECTION. Sec. 17. LIABILITY MAY NOT BE WAIVED. No long-term care facility or nursing facility licensed under chapter 18.51 RCW shall require residents to sign waivers of potential liability for losses of personal property.


             NEW SECTION. Sec. 18. OMBUDSMAN IMPLEMENTATION DUTIES. The long-term care ombudsman shall monitor implementation of this chapter and determine the degree to which veterans' homes, nursing facilities, adult family homes, and boarding homes ensure that residents are able to exercise their rights. The long-term care ombudsman shall consult with the departments of health and social and health services, long-term care facility organizations, resident groups, and senior and disable citizen organizations and report to the house of representatives committee on health care and the senate committee on health and human services concerning the implementation of this chapter with any applicable recommendations by July 1, 1995.


             NEW SECTION. Sec. 19. NONJUDICIAL REMEDIES THROUGH REGULATORY AUTHORITIES ENCOURAGED--REMEDIES CUMULATIVE. The legislature intends that long-term care facility or nursing home residents, their family members or guardians, the long-term care ombudsman, protection and advocacy personnel identified in section 12(4) (e) and (f), and others who may seek to assist long-term care facility or nursing home residents, use the least formal means available to satisfactorily resolve disputes that may arise regarding the rights conferred by the provisions of sections 1 through 24 of this act. Wherever feasible, direct discussion with facility personnel or administrators should be employed. Failing that, and where feasible, recourse may be sought through state or federal long-term care or nursing home licensing or other regulatory authorities. However, the procedures suggested in this section are cumulative and shall not restrict an agency or person from seeking a remedy provided by law or from obtaining additional relief based on the same facts, including any remedy available to an individual at common law. This act is not intended to, and shall not be construed to, create any right of action on the part of any individual beyond those in existence under any common law or statutory doctrine. This act is not intended to, and shall not be construed to, operate in derogation of any right of action on the part of any individual in existence on the effective date of this act.


             NEW SECTION. Sec. 20. RIGHTS ARE MINIMAL. The rights set forth in this chapter are the minimal rights guaranteed to all residents of long-term care facilities, and are not intended to diminish rights set forth in other state or federal laws that may contain additional rights.


             NEW SECTION. Sec. 21. A new section is added to chapter 18.20 RCW to read as follows:

             BOARDING HOMES. Sections 1 through 4, 5(1), and 6 through 20 of this act apply to this chapter and persons regulated under this chapter.


             NEW SECTION. Sec. 22. A new section is added to chapter 18.51 RCW to read as follows:

             NURSING HOMES. Sections 16 through 20 of this act apply to this chapter and persons regulated under this chapter.


             NEW SECTION. Sec. 23. A new section is added to chapter 72.36 RCW to read as follows:

             VETERAN HOME. Chapter 70.-- RCW (sections 1 through 20 of this act) applies to this chapter and persons regulated under this chapter.


             NEW SECTION. Sec. 24. A new section is added to chapter 70.128 RCW to read as follows:

             ADULT HOMES. Sections 1 through 4, 5(1), and 6 through 20 of this act apply to this chapter and persons regulated under this chapter.


             Sec. 25. RCW 18.20.120 and 1957 c 253 s 12 are each amended to read as follows:

             All information received by the department or authorized health department through filed reports, inspections, or as otherwise authorized under this chapter, shall not be disclosed publicly in any manner as to identify individuals or boarding homes, except ((in a proceeding involving the question of licensure)) at the specific request of a member of the public and disclosure is consistent with RCW 42.17.260(1).


             NEW SECTION. Sec. 26. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


             NEW SECTION. Sec. 27. FEDERAL SEVERABILITY. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.


             NEW SECTION. Sec. 28. CAPTIONS. Captions as used in this act constitute no part of the law.


             NEW SECTION. Sec. 29. CODIFICATION. Sections 1 through 20 of this act shall constitute a new chapter in Title 70 RCW.


             NEW SECTION. Sec. 30. Nothing in this act shall affect the classifying of an adult family home for the purposes of zoning."


             On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 18.20.120; adding a new section to chapter 18.20 RCW; adding a new section to chapter 18.51 RCW; adding a new section to chapter 72.36 RCW; adding a new section to chapter 70.128 RCW; adding a new chapter to Title 70 RCW; and creating new sections."

and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Dellwo moved that the House concur in the Senate amendments to Engrossed Second Substitute House Bill No. 2154 and pass the bill as amended by the Senate. The motion was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker (Representative Wang presiding) stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2154 as amended by the Senate.


             Representatives Dellwo and Carlson spoke in favor of passage of the bill.


MOTION


             On motion of Representative J. Kohl, Representatives Anderson, Riley, Morris, Wineberry, Dorn, Sommers and R. Meyers were excused.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2154, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 1, Excused - 7.

             Voting yea: Representatives Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Mielke, Moak, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 90.

             Absent: Representative Dyer - 1.

             Excused: Representatives Anderson, Dorn, Meyers, R., Morris, Riley, Sommers and Wineberry - 7.


             Engrossed Second Substitute House Bill No. 2154 as amended by the House, having received the constitutional majority, was declared passed.


             The Speaker assumed the chair.


SENATE AMENDMENTS TO HOUSE BILL


March 2, 1994


Mr. Speaker:


             The Senate has passed ENGROSSED HOUSE BILL NO. 1756 with the following amendment:


             On page 1, line 11, after "lease" insert ": PROVIDED, That nothing in RCW 19.28.510 through 19.28.620 shall be construed to require that a person obtain a license or a certified electrician in order to do electrical work on a residential building with up to four units intended for rent, sale, or lease if the person provides a signed affidavit to the department stating that he or she will occupy one of the units as his or her principal residence. An individual shall apply to the department for this exemption and may receive an exemption once every twenty-four months. It is intended that the individual receiving this exemption shall occupy the unit as his or her principal residence for twenty-four months after completion of the units"

and the same are herewith transmitted.


Marty Brown, Secretary


MOTION


             Representative Heavey moved that the House not concur in the Senate amendments to Engrossed House Bill No. 1756 and ask the Senate for a conference thereon. The motion was carried.


APPOINTMENT OF CONFEREES


             The Speaker appointed Representatives Heavey, Veloria and Chandler as Conferees on Engrossed House Bill No. 1756.


SENATE AMENDMENTS TO HOUSE BILL


March 1, 1994


Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 2486 with the following amendments:


             On page 2, after line 11, insert the following:


             "NEW SECTION. Sec. 4. A new section is added to chapter 43.131 RCW to read as follows:

             The future teachers conditional scholarship program shall be terminated on June 30, 2000, as provided in section 5 of this act.


             NEW SECTION. Sec. 5. A new section is added to chapter 43.131 RCW to read as follows:

             The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2001:

             (1) RCW 28B.102.010 and 1987 c 437 s 1;

             (2) RCW 28B.102.020 and 1993 sp.s. c 18 s 36 & 1987 c 437 s 2;

             (3) RCW 28B.102.030 and 1987 c 437 s 3;

             (4) RCW 28B.102.040 and 1987 c 437 s 4;

             (5) RCW 28B.102.045 and 1988 c 125 s 7;

             (6) RCW 28B.102.050 and 1987 c 437 s 5;

             (7) RCW 28B.102.060 and 1993 c 423 s 1, 1991 c 164 s 6, & 1987 c 437 s 6;

             (8) RCW 28B.102.070 and 1987 c 437 s 7; and

             (9) RCW 28B.102.905 and 1987 c 437 s 10.


             NEW SECTION. Sec. 6. RCW 28B.102.900 and 1987 c 437 s 9 are each repealed."

             On page 1, line 1 of the title, after "provisions;" strike the remainder of the title and insert "amending RCW 43.131.381 and 43.131.382; adding new sections to chapter 43.131 RCW; and repealing RCW 43.131.215, 43.131.216, 43.131.327, 43.131.328, 43.131.347, 43.131.348, 43.131.365, 43.131.366, 43.131.371, 43.131.372, and 28B.102.900."

and the same are herewith transmitted.


Marty Brown, Secretary


MOTION


             Representative Valle moved that the House not concur in the Senate amendments to House Bill No. 2486 and ask the Senate for a conference thereon. The motion was carried.


APPOINTMENT OF CONFEREES


             The Speaker appointed Representatives Ogden, Sommers and Reams as Conferees on House Bill No. 2486.


APPOINTMENT OF CONFEREES


             The Speaker appointed Representatives Wineberry, Quall and Schoesler as Conferees on Substitute House Bill No. 2627.


SENATE AMENDMENTS TO HOUSE BILL


March 4, 1994


Mr. Speaker:


             The Senate has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319 with the following amendments:


             Strike everything after the enacting clause and insert the following:


PART I. INTENT


             NEW SECTION. Sec. 101. The legislature finds that the increasing violence in our society causes great concern for the immediate health and safety of our citizens and our social institutions. Youth violence is increasing at an alarming rate and young people between the ages of fifteen and twenty-four are at the highest risk of being perpetrators and victims of violence. Additionally, random violence, including homicide and the use of firearms, has dramatically increased over the last decade.

             The legislature finds that violence is abhorrent to the aims of a free society and that it can not be tolerated. State efforts at reducing violence must include changes in criminal penalties, reducing the unlawful use of and access to firearms, increasing educational efforts to encourage nonviolent means for resolving conflicts, and allowing communities to design their prevention efforts.

             The legislature finds that the problem of violence can be addressed with many of the same approaches that public health programs have used to control other problems such as infectious disease, tobacco use, and traffic fatalities.

             Addressing the problem of violence requires the concerted effort of all communities and all parts of state and local governments. It is the immediate purpose of chapter . . ., Laws of 1994 (this act) to: (1) Prevent acts of violence by encouraging change in social norms and individual behaviors that have been shown to increase the risk of violence; (2) reduce the rate of at-risk children and youth, as defined in RCW 70.190.010; (3) increase the severity and certainty of punishment for youth and adults who commit violent acts; (4) reduce the severity of harm to individuals when violence occurs; (5) empower communities to focus their concerns and allow them to control the funds dedicated to empirically supported preventive efforts in their region; and (6) reduce the fiscal and social impact of violence on our society.


             Sec. 102. RCW 74.14A.020 and 1983 c 192 s 2 are each amended to read as follows:

             ((The department of social and health services)) State efforts shall address the needs of children and their families, including emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict by:

             (1) Serving children and families as a unit in the least restrictive setting available and in close proximity to the family home, consistent with the best interests and special needs of the child;

             (2) Ensuring that appropriate social and health services are provided to the family unit both prior to and during the removal of a child from the home and after family reunification;

             (3) Ensuring that the safety and best interests of the child are the paramount considerations when making placement and service delivery decisions;

             (4) Recognizing the interdependent and changing nature of families and communities, building upon their inherent strengths, maintaining their dignity and respect, and tailoring programs to their specific circumstances;

             (5) Developing and implementing comprehensive, preventive, and early intervention social and health services which have demonstrated the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;

             (((4))) (6) Being sensitive to the family and community culture, norms, values, and expectations, ensuring that all services are provided in a culturally appropriate and relevant manner, and ensuring participation of racial and ethnic minorities at all levels of planning, delivery, and evaluation efforts;

             (7)(a) Developing coordinated social and health services which:

             (((a))) (i) Identify problems experienced by children and their families early and provide services which are adequate in availability, appropriate to the situation, and effective;

             (((b))) (ii) Seek to bring about meaningful change before family situations become irreversibly destructive and before disturbed psychological behavioral patterns and health problems become severe or permanent;

             (((c))) (iii) Serve children and families in their own homes thus preventing unnecessary out-of-home placement or institutionalization;

             (((d))) (iv) Focus resources on social and health problems as they begin to manifest themselves rather than waiting for chronic and severe patterns of illness, criminality, and dependency to develop which require long-term treatment, maintenance, or custody;

             (((e))) (v) Reduce duplication of and gaps in service delivery;

             (((f))) (vi) Improve planning, budgeting, and communication among all units of the department ((serving)) and among all agencies that serve children and families; and

             (((g) Develop)) (vii) Utilize outcome standards for measuring the effectiveness of social and health services for children and families.

             (b) In developing services under this subsection, local communities must be involved in planning and developing community networks that are tailored to their unique needs.


PART II. PUBLIC HEALTH


             NEW SECTION. Sec. 201. The legislature recognizes that the state patrol, the office of the administrator for the courts, the sheriffs' and police chiefs' association, the department of social and health services, the department of community development, the sentencing guidelines commission, the department of corrections, and the superintendent of public instruction each have comprehensive data and analysis capabilities that have contributed greatly to our current understanding of crime and violence, and their causes.

             The legislature finds, however, that a single health-oriented agency must be designated to provide consistent guidelines to all these groups regarding the way in which their data systems collect this important data. It is not the intent of the legislature by section 202 of this act to transfer data collection requirements from existing agencies or to require the addition of major new data systems. It is rather the intent to make only the minimum required changes in existing data systems to increase compatibility and comparability, reduce duplication, and to increase the usefulness of data collected by these agencies in developing more accurate descriptions of violence.


             NEW SECTION. Sec. 202. A new section is added to chapter 43.70 RCW to read as follows:

             (1) The department of health shall develop, based on recommendations in the public health improvement plan and in consultation with affected groups or agencies, comprehensive rules for the collection and reporting of data relating to acts of violence, at-risk behaviors, and risk and protective factors. The data collection and reporting rules shall be used by any public or private entity that is required to report data relating to these behaviors and conditions. The department may require any agency or program that is state-funded or that accepts state funds and any licensed or regulated person or professional to report these behaviors and conditions. To the extent possible the department shall require the reports to be filed through existing data systems. The department may also require reporting of attempted acts of violence and of nonphysical injuries. For the purposes of this section "acts of violence" means self-directed and interpersonal behaviors that can result in suicide, homicide, and nonfatal intentional injuries. "At-risk behaviors," "protective factors," and "risk factors" have the same meanings as provided in RCW 70.190.010.

             (2) The department is designated as the state-wide agency for the coordination of all information relating to violence and other intentional injuries, at-risk behaviors, and risk and protective factors.

             (3) The department shall provide necessary data to the local health departments for use in planning by or evaluation of any community network authorized under section 303 of this act.

             (4) The department shall publish annual reports on intentional injuries, unintentional injuries, rates of at-risk youth, and associated risk and protective factors. The reports shall be submitted to the legislative budget committee.

             (5) The department shall by rule establish requirements for local health departments to perform assessment related to at-risk behaviors and risk and protective factors and to assist community networks in policy development and in planning and other duties under chapter . . ., Laws of 1994 (this act).

             (6) The department may, consistent with its general authority and directives under sections 201 through 205 of this act, contract with a college or university that has experience in data collection relating to the health and overall welfare of children to provide assistance to:

             (a) State and local health departments in developing new sources of data to track acts of violence, at-risk behaviors, and risk and protective factors; and

             (b) Local health departments to compile and effectively communicate data in their communities.


             NEW SECTION. Sec. 203. A new section is added to chapter 43.70 RCW to read as follows:

             The public health services improvement plan developed under RCW 43.70.520 shall include:

             (1) Minimum standards for state and local public health assessment, performance measurement, policy development, and assurance regarding social development to reduce at-risk behaviors and risk and protective factors.

             (2)(a) Measurable risk factors that are empirically linked to violent criminal acts by juveniles, substance abuse, teen pregnancy and male parentage, suicide attempts, and dropping out of school; and

             (b) An evaluation of other factors to determine whether they are empirically related risk factors, such as: Child abuse and neglect, out-of-home placements, poverty, single-parent households, inadequate nutrition, hunger, unemployment, lack of job skills, gang affiliation, lack of recreational or cultural opportunities, domestic violence, school absenteeism, court-ordered parenting plans, physical, emotional, or behavioral problems requiring special needs assistance in K-12 schools, learning disabilities, and any other possible factors.

             (3) Data collection and analysis standards on at-risk behaviors and risk and protective factors for use by the local public health departments and the state council and the local community networks to ensure consistent and interchangeable data.

             (4) Recommendations regarding any state or federal statutory barriers affecting data collection or reporting.

             The department shall provide an annual report to the legislative budget committee on the implementation of this section.


             NEW SECTION. Sec. 204. A new section is added to chapter 43.70 RCW to read as follows:

             The department, in consultation with the community public health and safety council created in chapter 70.190 RCW, shall establish, by rule, standards for local health departments and networks to use in assessment, performance measurement, policy development, and assurance regarding social development to prevent health problems caused by risk factors empirically linked to: Violent criminal acts by juveniles, substance abuse, teen pregnancy and male parentage, suicide attempts, and dropping out of school. The standards shall be based on the standards set forth in the public health improvement plan as required by section 203 of this act.

             The department, in consultation with the community public health and safety council, shall review the definitions of at-risk children and youth, protective factors, and risk factors contained in RCW 70.190.010 and make any suggested recommendations for change to the legislature by January 1, 1995.


             NEW SECTION. Sec. 205. A new section is added to chapter 43.70 RCW to read as follows:

             The legislature encourages the use of a state-wide voluntary, socially responsible policy to reduce the emphasis, amount, and type of violence in all public media. The department shall develop a suggested reporting format for use by the print, television, and radio media in reporting their voluntary violence reduction efforts. Each area of the public media may carry out the policy in whatever manner that area deems appropriate.


             Sec. 206. RCW 43.70.010 and 1989 1st ex.s. c 9 s 102 are each amended to read as follows:

             As used in this chapter, unless the context indicates otherwise:

             (1) "Assessment" means the regular collection, analysis, and sharing of information about health conditions, risks, and resources in a community. Assessment activities identify trends in illness, injury, and death and the factors that may cause these events. They also identify environmental risk factors, community concerns, community health resources, and the use of health services. Assessment includes gathering statistical data as well as conducting epidemiologic and other investigations and evaluations of health emergencies and specific ongoing health problems;

             (2) "Board" means the state board of health;

             (((2))) (3) "Council" means the health care access and cost control council;

             (((3))) (4) "Department" means the department of health; ((and

             (4))) (5) "Policy development" means the establishment of social norms, organizational guidelines, operational procedures, rules, ordinances, or statutes that promote health or prevent injury, illness, or death; and

             (6) "Secretary" means the secretary of health.


PART III. COMMUNITY NETWORKS


             Sec. 301. RCW 70.190.005 and 1992 c 198 s 1 are each amended to read as follows:

             The legislature finds that a primary goal of public involvement in the lives of children has been to strengthen the family unit.

             However, the legislature recognizes that traditional two-parent families with one parent routinely at home are now in the minority. In addition, extended family and natural community supports have eroded drastically. The legislature recognizes that public policy assumptions must be altered to account for this new social reality. Public effort must be redirected to expand, support, strengthen, and help ((refashion)) reconstruct family and community ((associations)) networks to ((care for)) assist in meeting the needs of children.

             The legislature finds that a broad variety of services for children and families has been independently designed over the years and that the coordination and cost-effectiveness of these services will be enhanced through the adoption of ((a common)) an approach ((to their delivery)) that allows communities to prioritize and coordinate services to meet their local needs. The legislature further finds that the most successful programs for reaching and working with at-risk families and children treat individuals' problems in the context of the family, offer a broad spectrum of services, are flexible in the use of program resources, and use staff who are trained in crossing traditional program categories in order to broker services necessary to fully meet a family's needs.

             The legislature further finds that eligibility criteria, expenditure restrictions, and reporting requirements of state and federal categorical programs often create barriers toward the effective use of resources for addressing the multiple problems of at-risk families and children.

             The purposes of this chapter are (1) to modify public policy and programs to empower communities to support and respond to the needs of individual families and children and (2) to improve the responsiveness of services for children and families at risk by facilitating greater coordination and flexibility in the use of funds by state and local service agencies.


             Sec. 302. RCW 70.190.010 and 1992 c 198 s 3 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Assessment" has the same meaning as provided in RCW 43.70.010.

             (2) "At-risk" children and youth are those who risk the significant loss of social, educational, or economic opportunities.

             (3) "At-risk behaviors" means violent delinquent acts, substance abuse, teen pregnancy and male parentage, suicide attempts, and dropping out of school. At-risk children and youth also include those who are victims of violence, abuse, neglect, and those who have been removed from the custody of their parents.

             (4) "Comprehensive plan" means a two-year plan that examines available resources and unmet needs for a county or multicounty area, barriers that limit the effective use of resources, and a plan to address these issues that is broadly supported.

             (((2))) (5) "Participating state agencies" means the office of the superintendent of public instruction, the department of social and health services, the department of health, the employment security department, the department of community, trade, and economic development, and such other departments as may be specifically designated by the governor.

             (((3) "Family policy)) (6) "Community public health and safety council" or "council" means: The superintendent of public instruction, the secretary of social and health services, the secretary of health, the commissioner of the employment security department, and the director of the department of community, trade, and economic development or their designees((,)); one legislator from each caucus of the senate and house of representatives((, and)); one representative of the governor; one representative each appointed by the governor for cities, towns, counties, federally recognized Indian tribes, school districts, the children's commission, law enforcement agencies, superior courts, public parks and recreation programs, and private agency service providers; citizen representatives of community organizations not associated with delivery of services affected by chapter . . ., Laws of 1994 (this act); and two chief executive officers of major Washington corporations appointed by the governor.

             (((4))) (7) "Outcome" or "outcome based" means defined and measurable outcomes ((and indicators that make it possible for communities)) used to evaluate progress in ((meeting their goals and whether systems are fulfilling their responsibilities)) reducing the rate of at-risk children and youth through reducing risk factors and increasing protective factors.

             (((5))) (8) "Matching funds" means an amount no less than twenty-five percent of the amount budgeted for a ((consortium's project)) community network's plan. Up to half of the ((consortium's)) community network's matching funds may be in-kind goods and services. Funding sources allowable for match include appropriate federal or local levy funds, private charitable funding, and other charitable giving. Basic education funds shall not be used as a match.

             (((6) "Consortium" means a diverse group of individuals that includes at least representatives of local service providers, service recipients, local government administering or funding children or family service programs, participating state agencies, school districts, existing children's commissions, ethnic and racial minority populations, and other interested persons organized for the purpose of designing and providing collaborative and coordinated services under this chapter. Consortiums shall represent a county, multicounty, or municipal service area. In addition, consortiums may represent Indian tribes applying either individually or collectively.))

             (9) "Community public health and safety networks" or "community networks" means authorities authorized under section 303 of this act.

             (10) "Policy development" has the same meaning as provided in RCW 43.70.010.

             (11) "Protective factors" means those factors determined by the department of health to be empirically associated with behaviors that contribute to socially acceptable and healthy nonviolent behaviors. Protective factors include promulgation, identification, and acceptance of community norms regarding appropriate behaviors in the area of delinquency, early sexual activity, and alcohol and substance abuse, educational opportunities, employment opportunities, and absence of crime.

             (12) "Risk factors" means those factors determined by the department of health to be empirically associated with at-risk behaviors that contribute to violence. Risk factors include availability of drugs or alcohol, economic, educational, and social deprivation, rejection of identification with the community, academic failure, a family history of high substance abuse, crime, a lack of acceptance of societal norms, and substance, child, and sexual abuse.


             NEW SECTION. Sec. 303. A new section is added to chapter 70.190 RCW to read as follows:

             (1) The legislature intends to create community public health and safety networks to reconnect parents and other citizens with children, youth, families, and community institutions which support health and safety. The networks should empower parents and other citizens by being a means of expressing their attitudes, spirit, and perspectives regarding safe and healthy family and community life. The legislature intends that parent and other citizen perspectives exercise a controlling influence over policy and program operations of professional organizations concerned with children and family issues within networks in a manner consistent with the Constitution and state law. It is not the intent of the legislature that health, social service, or educational professionals dominate community public health and safety network processes or programs, but rather that these professionals use their skills to lend support to parents and other citizens in expressing their values as parents and other citizens identify community needs and establish community priorities. To this end, the legislature intends full participation of parents and other citizens in community public health and safety networks. The intent is that local community values are reflected in the operations of the network.

             (2) A group of persons described in subsection (3) of this section may apply by December 1, 1994, to be a community public health and safety network.

             (3) Each community public health and safety network shall be composed of twenty-three people, thirteen of whom shall be citizens with no direct fiduciary interest in health, education, social service, or justice system organizations operating within the network area. In selecting these members, first priority shall be given to citizen members of community mobilization advisory boards, city or county children's services commissions, human services advisory boards, or other such organizations which may exist within the network. These thirteen persons shall be selected as follows: Three by the chambers of commerce located in the network, three by school board members of the school districts within the network boundary, three by the county legislative authorities of the counties within the network boundary, three by the city legislative authorities of the cities within the network boundary, and one high school student, selected by student organizations within the network boundary. The remaining ten members shall include local representation from the following groups and entities: Cities, counties, federally recognized Indian tribes, parks and recreation programs, law enforcement agencies, superior court judges, state children's service workers from within the network area, employment assistance workers from within the network area, private social, educational, or health service providers from within the network area, and broad-based nonsecular organizations.

             (4) A list of the network members shall be submitted to the governor by December 1, 1994, by the network chair who shall be selected by network members at their first meeting. The list shall become final unless the governor chooses other members within twenty days after the list is submitted. The governor shall accept the list unless he or she believes the proposed list does not adequately represent all parties identified in subsection (3) of this section or a member has a conflict of interest between his or her membership and his or her livelihood. Members of the community network shall serve terms of three years.

             The terms of the initial members of each network shall be as follows: (a) One-third shall serve for one year; (b) one-third shall serve for two years; and (c) one-third shall serve for three years. Initial members may agree which shall serve fewer than three years or the decision may be made by lot. The same process shall be used in the selection of the chair and members for subsequent terms. Any vacancy occurring during the term may be filled by the chair for the balance of the unexpired term.

             (5) The network shall select a public entity as the lead administrative and fiscal agency for the network. In making the selection, the network shall consider: (a) Experience in administering prevention and intervention programs; (b) the relative geographical size of the network and its members; (c) budgeting and fiscal capacity; and (d) how diverse a population each entity represents.


             NEW SECTION. Sec. 304. A new section is added to chapter 70.190 RCW to read as follows:

             The community public health and safety networks shall:

             (1) Review state and local public health data and analysis relating to risk factors, protective factors, and at-risk children and youth;

             (2) Prioritize the risk factors and protective factors to reduce the likelihood of their children and youth being at risk. The priorities shall be based upon public health data and assessment and policy development standards provided by the department of health under section 204 of this act;

             (3) Develop long-term community plans to reduce the rate of at-risk children and youth; set definitive, measurable goals, based upon the department of health standards; and project their desired outcomes;

             (4) Distribute funds to local programs that reflect the locally established priorities and as provided in section 325 of this act;

             (5) Comply with outcome-based standards;

             (6) Cooperate with the department of health and local boards of health to provide data and determine outcomes; and

             (7) Coordinate its efforts with anti-drug use efforts and organizations and maintain a high priority for combatting drug use by at-risk youth.


             NEW SECTION. Sec. 305. A new section is added to chapter 70.190 RCW to read as follows:

             (1) The community network's plan may include a program to provide postsecondary scholarships to at-risk students who: (a) Are community role models under criteria established by the community network; (b) successfully complete high school; and (c) maintain at least a 2.5 grade point average throughout high school. Funding for the scholarships may include public and private sources.

             (2) The community network's plan may also include funding of community-based home visitor programs which are designed to reduce the incidence of child abuse and neglect with the network. The program may provide parents with education and support either in parents' homes or in other locations comfortable for parents, beginning with the birth of their first baby. The program may make the following services available to the families:

             (a) Visits for all expectant or new parents, either at the parent's home or another location with which the parent is comfortable;

             (b) Screening before or soon after the birth of a child to assess the family's strengths and goals and define areas of concern in consultation with the family;

             (c) Parenting education and skills development;

             (d) Parenting and family support information and referral;

             (e) Parent support groups; and

             (f) Service coordination for individual families, and assistance with accessing services, provided in a manner that ensures that individual families have only one individual or agency to which they look for service coordination. Where appropriate for a family, service coordination may be conducted through interdisciplinary or interagency teams.

             These programs are intended to be voluntary for the parents involved.

             (3) The community network may include funding of:

             (a) At-risk youth job placement and training programs. The programs shall:

             (i) Identify and recruit at-risk youth for local job opportunities;

             (ii) Provide skills and needs assessments for each youth recruited;

             (iii) Provide career and occupational counseling to each youth recruited;

             (iv) Identify businesses willing to provide employment and training opportunities for at-risk youth;

             (v) Match each youth recruited with a business that meets his or her skills and training needs;

             (vi) Provide employment and training opportunities that prepare the individual for demand occupations; and

             (vii) Include, to the extent possible, collaboration of business, labor, education and training, community organizations, and local government;

             (b) Employment assistance, including job development, school-to-work placement, employment readiness training, basic skills, apprenticeships, job mentoring, and private sector and community service employment;

             (c) Education assistance, including tutoring, mentoring, interactions with role models, entrepreneurial education and projects, and employment reentry assistance services;

             (d) Peer-to-peer, group, and individual counseling, including crisis intervention, for at-risk youth and their parents;

             (e) Youth coalitions that provide opportunities to develop leadership skills and gain appropriate respect, recognition, and rewards for their positive contribution to their community;

             (f) Technical assistance to applicants to increase their organizational capacity and to improve the likelihood of a successful application; and

             (g) Technical assistance and training resources to successful applicants.


             NEW SECTION. Sec. 306. A new section is added to chapter 70.190 RCW to read as follows:

             (1) A community network that has its membership finalized under section 303(4) of this act shall, upon application to the council, be eligible to receive planning grants and technical assistance from the council. Planning grants may be funded through available federal funds for family preservation services. After receiving the planning grant the region will be given up to one year to submit the long-term community plan. Upon application the community networks are eligible to receive funds appropriated under section 325 of this act.

             (2) The council shall enter into biennial contracts with community networks as part of the grant process. The contracts shall be consistent with available resources, and shall be distributed in accordance with the distribution formula developed pursuant to section 320 of this act.

             (3) No later than February 1 of each odd-numbered year following the initial contract between the council and a network, the council shall request from the network its plan for the upcoming biennial contract period.

             (4) The council shall notify the community networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.


             NEW SECTION. Sec. 307. A new section is added to chapter 70.190 RCW to read as follows:

             The community public health and safety council shall:

             (1) Establish network boundaries no later than July 1, 1994. There is a presumption that no county may be divided between two or more community networks and no network shall have fewer than forty thousand population. When approving multicounty networks, considering dividing a county between networks, or creating a network with a population of less than forty thousand, the council must consider: (a) Common economic, geographic, and social interests; (b) historical and existing shared governance; and (c) the size and location of population centers. Individuals and groups within any area shall be given ample opportunity to propose network boundaries in a manner designed to assure full consideration of their expressed wishes;

             (2) Develop a technical assistance and training program to assist communities in creating and developing community networks and plans;

             (3) Approve the structure, purpose, goals, plan, and performance measurements of each community network;

             (4) Identify all prevention and early intervention programs and funds, including all programs funded under RCW 69.50.520, in addition to the programs set forth in section 308 of this act, which could be transferred, in all or part, to the community networks, and report their findings and recommendations to the governor and the legislature regarding any appropriate program transfers by January 1 of each year;

             (5) Reward community networks that show exceptional success as provided in section 320 of this act;

             (6) Seek every opportunity to maximize federal and other funding that is consistent with the plans approved by the council for the purpose and goals of this chapter;

             (7) Review the state-funded out-of-home placement rate before the end of each contract to determine whether the region has sufficiently reduced the rate. If the council determines that there has not been a sufficient reduction in the rate, it may reduce the immediately succeeding grant to the network;

             (8)(a) The council shall monitor the implementation of programs contracted by participating state agencies by reviewing periodic reports on the extent to which services were delivered to intended populations, the quality of services, and the extent to which service outcomes were achieved at the conclusion of service interventions. This monitoring shall include provision for periodic feedback to community networks;

             (b) The legislature intends that this monitoring be used by the legislative budget committee, together with public health data on at-risk behaviors and risk and protective factors to produce an external evaluation of the effectiveness of the networks and their programs. For this reason, and to conserve public funds, the council shall not conduct or contract for the conduct of control group studies, quasi-experimental design studies, or other analysis efforts to attempt to determine the impact of network programs on at-risk behaviors or risk and protective factors; and

             (9) Review the implementation of chapter . . ., Laws of 1994 (this act) and report its recommendations to the legislature annually. The report shall use measurable performance standards to evaluate the implementation.


             NEW SECTION. Sec. 308. A new section is added to chapter 70.190 RCW to read as follows:

             (1) The council, and each network, shall annually review all state and federal funded programs serving individuals, families, or communities to determine whether a network may be better able to integrate and coordinate these services within the community.

             (2) The council, and each network, shall specifically review and report, to the governor and the legislature, on the feasibility and desirability of decategorizing and granting, all or part of, the following program funds to the networks:

             (a) Consolidated juvenile services;

             (b) Family preservation and support services;

             (c) Readiness to learn;

             (d) Community mobilization;

             (e) Violence prevention;

             (f) Community-police partnership;

             (g) Child care;

             (h) Early intervention and educational services, including but not limited to, birth to three, birth to six, early childhood education and assistance, and headstart;

             (i) Crisis residential care;

             (j) Victims' assistance;

             (k) Foster care;

             (l) Adoption support;

             (m) Continuum of care; and

             (n) Drug and alcohol abuse prevention and early intervention in schools.

             (3) In determining the desirability of decategorizing these programs the report shall analyze whether:

             (a) The program is an integral part of the community plan without decategorization;

             (b) The program is already adequately integrated and coordinated with other programs that are, or will be, funded by the network;

             (c) The network could develop the capacity to provide the program's services;

             (d) The program goals might receive greater community support and reinforcement through the network;

             (e) The program presently ensures that adequate follow-up efforts are utilized, and whether the network could improve on those efforts through decategorization of the funds;

             (f) The decategorization would benefit the community; and

             (g) The decategorization would assist the network in achieving its goals.

             (4) If the council or a network determines that a program should not be decategorized, the council or network shall make recommendations regarding programmatic changes that are necessary to improve the coordination and integration of services and programs, regardless of the funding source for those programs.

             (5) Upon the request of the council or a network, the governor may order the decategorization of all or part of any program specified in the request.


             NEW SECTION. Sec. 309. A new section is added to chapter 70.190 RCW to read as follows:

             (1) The participating state agencies shall execute an interagency agreement to ensure the coordination of their local program efforts regarding children. This agreement shall recognize and give specific planning, coordination, and program administration responsibilities to community networks, after the approval under section 310 of this act of their comprehensive community plans. The community networks shall encourage the development of integrated, regionally based children, youth, and family activities and services with adequate local flexibility to accomplish the purposes stated in section 101 of this act and RCW 74.14A.020.

             (2) The community networks shall exercise the planning, coordinating, and program administration functions specified by the state interagency agreement in addition to other activities required by law, and shall participate in the planning process required by chapter 71.36 RCW.

             (3) Any state or federal funds identified for contracts with community networks shall be transferred with no reductions.


             NEW SECTION. Sec. 310. A new section is added to chapter 70.190 RCW to read as follows:

             The council shall only disburse funds to a community network after a comprehensive community plan has been prepared by the network and approved by the council or as provided in section 325 of this act. In approving the plan the council shall consider whether the network:

             (1) Promoted input from the widest practical range of agencies and affected parties;

             (2) Reviewed the indicators of violence data compiled by the local public health departments and incorporated a response to those indicators in the plan;

             (3) Obtained a declaration by the largest health department in the region, ensuring that the plan met minimum standards for assessment and policy development relating to social development according to section 204 of this act;

             (4) Included a specific mechanism of data collection and transmission based on the rules established under section 204 of this act;

             (5) Considered all relevant causes of violence in its community and did not isolate only one or a few of the elements to the exclusion of others and demonstrated evidence of building community capacity through effective neighborhood and community development; and

             (6) Committed to make measurable reductions in the rate of at-risk children and youth by reducing the rate of state-funded out-of-home placements and make reductions in at least three of the following rates of youth: Violent criminal acts, substance abuse, pregnancy and male parentage, suicide attempts, or dropping out of school.


             Sec. 311. RCW 43.101.240 and 1989 c 271 s 423 are each amended to read as follows:

             (1) The criminal justice training commission in cooperation with the United States department of justice department of community relations (region X) shall conduct an assessment of successful community-police partnerships throughout the United States. The commission shall develop training for local law enforcement agencies targeted toward those communities where there has been a substantial increase in drug crimes. The purpose of the training is to facilitate cooperative community-police efforts and enhanced community protection to reduce drug abuse and related crimes. The training shall include but not be limited to conflict management, ethnic sensitivity, cultural awareness, and effective community policing. ((The commission shall report its findings and progress to the legislature by January 1990.))

             (2) Local law enforcement agencies are encouraged to form community-police partnerships in ((areas of substantial drug crimes)) all neighborhoods and particularly areas with high rates of criminal activity. These partnerships are encouraged to organize citizen-police task forces which meet on a regular basis to promote greater citizen involvement in combatting drug abuse and to reduce tension between police and citizens. Partnerships that are formed are encouraged to report to the criminal justice training commission of their formation and progress.

             (((3) The sum of one hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the drug enforcement and education account to the criminal justice training commission for the purposes of subsection (1) of this section.))


             NEW SECTION. Sec. 312. A new section is added to chapter 70.190 RCW to read as follows:

             If there exist any federal restrictions against the transfer of funds, for the programs enumerated in section 308 of this act, to the community networks, the council shall assist the governor in immediately applying to the federal government for waivers of the federal restrictions. The council shall also assist the governor in coordinating efforts to make any changes in federal law necessary to meet the purpose and intent of chapter . . ., Laws of 1994 (this act).


             NEW SECTION. Sec. 313. A new section is added to chapter 70.190 RCW to read as follows:

             For grant funds awarded under this chapter, no state agency may require any other program requirements, except those necessary to meet federal funding standards or requirements. None of the grant funds awarded to the community networks shall be considered as new entitlements.


             NEW SECTION. Sec. 314. A new section is added to chapter 70.190 RCW to read as follows:

             The implementation of community networks shall be included in all federal and state plans affecting the state's children, youth, and families. The plans shall be consistent with the intent and requirements of this chapter.


             Sec. 315. RCW 70.190.020 and 1992 c 198 s 4 are each amended to read as follows:

             To the extent that any power or duty of the council ((created according to chapter 198, Laws of 1992)) may duplicate efforts of existing councils, commissions, advisory committees, or other entities, the governor is authorized to take necessary actions to eliminate such duplication. This shall include authority to consolidate similar councils or activities in a manner consistent with the goals of this chapter ((198, Laws of 1992)).


             Sec. 316. RCW 70.190.030 and 1992 c 198 s 5 are each amended to read as follows:

             (((1))) The ((family policy)) council shall annually solicit from ((consortiums)) community networks proposals to facilitate greater flexibility, coordination, and responsiveness of services at the community level. The council shall consider such proposals only if:

             (((a))) (1) A comprehensive plan has been prepared by the ((consortium; and

             (b))) community networks;

             (2) The ((consortium)) community network has identified and agreed to contribute matching funds as specified in RCW 70.190.010; ((and

             (c))) (3) An interagency agreement has been prepared by the ((family policy)) council and the participating local service and support agencies that governs the use of funds, specifies the relationship of the project to the principles listed in RCW 74.14A.025, and identifies specific outcomes and indicators; and

             (((d) Funds are to be used to provide support or services needed to implement a family's or child's case plan that are not otherwise adequately available through existing categorical services or community programs; [and]

             (e) The consortium has provided written agreements that identify a lead agency that will assume fiscal and programmatic responsibility for the project, and identify participants in a consortium council with broad participation and that shall have responsibility for ensuring effective coordination of resources; and

             (f))) (4) The ((consortium)) community network has designed into its comprehensive plan standards for accountability. Accountability standards include, but are not limited to, the public hearing process eliciting public comment about the appropriateness of the proposed comprehensive plan. The ((consortium)) community network must submit reports to the ((family policy)) council outlining the public response regarding the appropriateness and effectiveness of the comprehensive plan.

             (((2) The family policy council may submit a prioritized list of projects recommended for funding in the governor's budget document.

             (3) The participating state agencies shall identify funds to implement the proposed projects from budget requests or existing appropriations for services to children and their families.))


             Sec. 317. RCW 70.190.040 and 1993 c 336 s 901 are each amended to read as follows:

             (1) The legislature finds that helping children to arrive at school ready to learn is an important part of improving student learning.

             (2) To the extent funds are appropriated, the ((family policy)) council shall ((award)) include those funds in grants to ((community-based consortiums that submit comprehensive plans that include strategies to improve readiness to learn)) community networks.


             Sec. 318. RCW 70.190.900 and 1992 c 198 s 11 are each amended to read as follows:

             By June 30, 1995, the ((family policy)) council shall report to the appropriate committees of the legislature on the expenditures made, outcomes attained, and other pertinent aspects of its experience in the implementation of RCW 70.190.030.

             NEW SECTION. Sec. 319. A new section is added to chapter 43.41 RCW to read as follows:

             The office of financial management shall review the administration of funds for programs identified under section 308 of this act and propose legislation to complete interdepartmental transfers of funds or programs as necessary. The office of financial management shall review statutes that authorize the programs identified under section 308 of this act and suggest legislation to eliminate statutory requirements that may interfere with the administration of that policy.


             NEW SECTION. Sec. 320. A new section is added to chapter 43.41 RCW to read as follows:

             (1) The office of financial management, in consultation with affected parties, shall establish a fund distribution formula for determining allocations to the community networks authorized under section 310 of this act. The formula shall reflect the local needs assessment for at-risk children and consider:

             (a) The number of arrests and convictions for juvenile violent offenses;

             (b) The number of arrests and convictions for crimes relating to juvenile drug offenses and alcohol related offenses;

             (c) The number of teen pregnancies and parents;

             (d) The number of child and teenage suicides and attempted suicides; and

             (e) The high school graduation rate.

             (2) In developing the formula, the office of financial management shall reserve five percent of the funds for the purpose of rewarding community networks.

             (3) The reserve fund shall be used by the council to reward community networks that show exceptional reductions in: State-funded out-of-home placements, violent criminal acts by juveniles, substance abuse, teen pregnancy and male parentage, teen suicide attempts, or school dropout rates.

             (4) The office of financial management shall submit the distribution formula to the community public health and safety council and to the appropriate committees of the legislature by December 20, 1994.


             NEW SECTION. Sec. 321. A new section is added to chapter 70.190 RCW to read as follows:

             If a community network is unable or unwilling to assume powers and duties authorized under this chapter by June 30, 1998, or the legislative budget committee makes a recommendation under section 801 of this act, the governor may transfer all funds and programs available to a community network to a single state agency whose statutory purpose, mission, goals, and operating philosophy most closely supports the principles and purposes of section 101 of this act and RCW 74.14A.020, for the purpose of integrating the programs and services.


             NEW SECTION. Sec. 322. The secretary of social and health services and the insurance commissioner shall conduct a study regarding liability issues and insurance rates for private nonprofit group homes that contract with the department for client placement. The secretary and commissioner shall report their findings and recommendations to the legislature by November 15, 1994.


             NEW SECTION. Sec. 323. A new section is added to chapter 43.20A RCW to read as follows:

             The secretary of social and health services shall make all of the department's evaluation and research materials and data on private nonprofit group homes available to group home contractors. The department may delete any information from the materials that identifies a specific client or contractor, other than the contractor requesting the materials.


             NEW SECTION. Sec. 324. The governor shall appoint the initial members of the community public health and safety council by May 1, 1994.


             NEW SECTION. Sec. 325. Any funds appropriated to the violence reduction and drug enforcement account in the 1993-95 supplemental budget for purposes of community networks shall only be available upon application of a network to the council. The application shall identify the programs and a plan for expenditure of the funds. The application and plan shall demonstrate the effectiveness of the program in terms of reaching its goals and provide clear and substantial evidence that additional funds will substantially improve the ability of the program to increase its effectiveness.

             This section shall expire June 30, 1995.


             NEW SECTION. Sec. 326. RCW 70.190.900 and 1994 c . . . s 318 (section 318 of this act) & 1992 c 198 s 11 are each repealed.


             NEW SECTION. Sec. 327. Section 326 of this act shall take effect July 1, 1995.


PART IV. PUBLIC SAFETY


             Sec. 401. RCW 43.06.260 and 1969 ex.s. c 186 s 7 are each amended to read as follows:

             After the proclamation of a state of emergency as provided in RCW 43.06.010 any person ((sixteen)) fourteen years of age or over who violates any provision of RCW 43.06.010((, and)) or 43.06.200 through 43.06.270 shall be ((prosecuted as an adult)) subject to a decline hearing under RCW 13.40.110.


             NEW SECTION. Sec. 402. A new section is added to chapter 35.21 RCW to read as follows:

             (1) Any city or town has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.

             (2) The ordinance shall: (a) Contain clear specific prohibitions in terms of location, conduct, and ages; and (b) accommodate (i) juveniles acting in the course of their employment, (ii) juveniles engaged in organized school activities, (iii) the physical well-being of the juvenile, and (iv) juveniles who are in the presence of their parents.


             NEW SECTION. Sec. 403. A new section is added to chapter 35A.11 RCW to read as follows:

             (1) Any code city has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.

             (2) The ordinance shall: (a) Contain clear specific prohibitions in terms of location, conduct, and ages; and (b) accommodate (i) juveniles acting in the course of their employment, (ii) juveniles engaged in organized school activities, (iii) the physical well-being of the juvenile, and (iv) juveniles who are in the presence of their parents.


             NEW SECTION. Sec. 404. A new section is added to chapter 36.32 RCW to read as follows:

             (1) The legislative authority of any county has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.

             (2) The ordinance shall: (a) Contain clear specific prohibitions in terms of location, conduct, and ages; and (b) accommodate (i) juveniles acting in the course of their employment, (ii) juveniles engaged in organized school activities, (iii) the physical well-being of the juvenile, and (iv) juveniles who are in the presence of their parents.


             Sec. 405. RCW 46.20.265 and 1991 c 260 s 1 are each amended to read as follows:

             (1) In addition to any other authority to revoke driving privileges under this chapter, the department shall revoke all driving privileges of a juvenile when the department receives notice from a court pursuant to section 407 or 408 of this act, RCW 13.40.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070, or a substantially similar municipal ordinance adopted by a local legislative authority, or from a diversion unit pursuant to RCW 13.40.265. The revocation shall be imposed without hearing.

             (2) The driving privileges of the juvenile revoked under subsection (1) of this section shall be revoked in the following manner:

             (a) Upon receipt of the first notice, the department shall impose a revocation for one year, or until the juvenile reaches seventeen years of age, whichever is longer.

             (b) Upon receipt of a second or subsequent notice, the department shall impose a revocation for two years or until the juvenile reaches eighteen years of age, whichever is longer.

             (3) If the department receives notice from a court that the juvenile's privilege to drive should be reinstated, the department shall immediately reinstate any driving privileges that have been revoked under this section.

             (4)(a) If the department receives notice pursuant to RCW 13.40.265(2)(b) from a diversion unit that a juvenile has completed a diversion agreement for which the juvenile's driving privileges were revoked, the department shall reinstate any driving privileges revoked under this section as provided in (b) of this subsection.

             (b) If the diversion agreement was for the juvenile's first violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of ninety days after the date the juvenile turns sixteen or ninety days after the juvenile entered into a diversion agreement for the offense. If the diversion agreement was for the juvenile's second or subsequent violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of the date the juvenile turns seventeen or one year after the juvenile entered into the second or subsequent diversion agreement.


             Sec. 406. RCW 13.40.265 and 1989 c 271 s 116 are each amended to read as follows:

             (1)(a) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense that is a violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

             (b) Except as otherwise provided in (c) of this subsection, upon petition of a juvenile who has been found by the court to have committed an offense that is a violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the court may at any time the court deems appropriate notify the department of licensing that the juvenile's driving privileges should be reinstated.

             (c) If the offense is the juvenile's first violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered, whichever is later. If the offense is the juvenile's second or subsequent violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.

             (2)(a) If a juvenile enters into a diversion agreement with a diversion unit pursuant to RCW 13.40.080 concerning an offense that is a violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the diversion unit shall notify the department of licensing within twenty-four hours after the diversion agreement is signed.

             (b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the department of licensing when the juvenile has completed the agreement.


             NEW SECTION. Sec. 407. A new section is added to chapter 9.41 RCW to read as follows:

             (1) If a juvenile thirteen years of age or older and under the age of eighteen is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

             (2) Except as otherwise provided in subsection (3) of this section, upon petition of a juvenile whose privilege to drive has been revoked pursuant to RCW 46.20.265, the court may at any time the court deems appropriate notify the department of licensing to reinstate the juvenile's privilege to drive.

             (3) If the conviction is for the juvenile's first violation of this chapter or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the conviction was for the juvenile's second or subsequent violation of this chapter or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered.


             NEW SECTION. Sec. 408. A new section is added to chapter 9.94A RCW to read as follows:

             Upon conviction of any person under age eighteen of an offense involving the use of a deadly weapon as defined in RCW 9A.04.110 or a violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing of the conviction.


              Sec. 409. RCW 9.94A.320 and 1992 c 145 s 4 and 1992 c 75 s 3 are each reenacted and amended to read as follows:

 

TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

       XV             Aggravated Murder 1 (RCW 10.95.020)

     XIV             Murder 1 (RCW 9A.32.030)

                          Homicide by abuse (RCW 9A.32.055)

      XIII            Murder 2 (RCW 9A.32.050)

       XII             Assault 1 (RCW 9A.36.011)

                          Assault of a Child 1 (RCW 9A.36.120)

        XI             Rape 1 (RCW 9A.44.040)

                          Rape of a Child 1 (RCW 9A.44.073)

          X             Kidnapping 1 (RCW 9A.40.020)

                          Rape 2 (RCW 9A.44.050)

                          Rape of a Child 2 (RCW 9A.44.076)

                          Child Molestation 1 (RCW 9A.44.083)

                          Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))

                          Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)

                          Leading Organized Crime (RCW 9A.82.060(1)(a))

        IX             Assault of a Child 2 (RCW 9A.36.130)

                          Robbery 1 (RCW 9A.56.200)

                          Manslaughter 1 (RCW 9A.32.060)

                          Explosive devices prohibited (RCW 70.74.180)

                          Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

                          Endangering life and property by explosives with threat to human being (RCW 70.74.270)

                          Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                          Controlled Substance Homicide (RCW 69.50.415)

                          Sexual Exploitation (RCW 9.68A.040)

                          Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

      VIII            Arson 1 (RCW 9A.48.020)

                          Promoting Prostitution 1 (RCW 9A.88.070)

                          Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                          Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                          Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                          Vehicular Homicide, by being under the influence of intoxicating liquor or any drug or by the operation of any vehicle in a reckless manner (RCW 46.61.520)

       VII             Burglary 1 (RCW 9A.52.020)

                          Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

                          Introducing Contraband 1 (RCW 9A.76.140)

                          Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                          Child Molestation 2 (RCW 9A.44.086)

                          Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                          Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                          Involving a minor in drug dealing (RCW 69.50.401(f))

        VI             Bribery (RCW 9A.68.010)

                          Manslaughter 2 (RCW 9A.32.070)

                          Rape of a Child 3 (RCW 9A.44.079)

                          Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                          Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))

                          Endangering life and property by explosives with no threat to human being (RCW 70.74.270)

                          Incest 1 (RCW 9A.64.020(1))

                          Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))

                          Intimidating a Judge (RCW 9A.72.160)

                          Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

          V             Criminal Mistreatment 1 (RCW 9A.42.020)

                          Reckless Endangerment 1 (RCW 9A.36.045)

                          Rape 3 (RCW 9A.44.060)

                          Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                          Child Molestation 3 (RCW 9A.44.089)

                          Kidnapping 2 (RCW 9A.40.030)

                          Extortion 1 (RCW 9A.56.120)

                          Incest 2 (RCW 9A.64.020(2))

                          Perjury 1 (RCW 9A.72.020)

                          Extortionate Extension of Credit (RCW 9A.82.020)

                          Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                          Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                          Rendering Criminal Assistance 1 (RCW 9A.76.070)

                          Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                          Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

        IV             Residential Burglary (RCW 9A.52.025)

                          Theft of Livestock 1 (RCW 9A.56.080)

                          Robbery 2 (RCW 9A.56.210)

                          Assault 2 (RCW 9A.36.021)

                          Escape 1 (RCW 9A.76.110)

                          Arson 2 (RCW 9A.48.030)

                          Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                          Malicious Harassment (RCW 9A.36.080)

                          Threats to Bomb (RCW 9.61.160)

                          Willful Failure to Return from Furlough (RCW 72.66.060)

                          Hit and Run — Injury Accident (RCW 46.52.020(4))

                          Vehicular Assault (RCW 46.61.522)

                          Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1)(ii) through (iv))

                          Influencing Outcome of Sporting Event (RCW 9A.82.070)

                          Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                          Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

                          Possession of Stolen Firearm 1 (RCW 9A.56.-- (section 416 of this act))

Reckless Endangerment 2 (RCW 9A.36.-- (section 411 of this act))

                          Theft of Firearm 1 (RCW 9A.56.-- (section 413 of this act))

                          Unlawful Possession of Firearm by Felon (RCW 9.41.040)

         III            Criminal mistreatment 2 (RCW 9A.42.030)

                          Extortion 2 (RCW 9A.56.130)

                          Unlawful Imprisonment (RCW 9A.40.040)

                          Assault 3 (RCW 9A.36.031)

                          Assault of a Child 3 (RCW 9A.36.140)

                          Custodial Assault (RCW 9A.36.100)

((Unlawful possession of firearm or pistol by felon (RCW 9.41.040)))

                          Harassment (RCW 9A.46.020)

                          Promoting Prostitution 2 (RCW 9A.88.080)

                          Willful Failure to Return from Work Release (RCW 72.65.070)

                          Burglary 2 (RCW 9A.52.030)

                          Introducing Contraband 2 (RCW 9A.76.150)

                          Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                          Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                          Escape 2 (RCW 9A.76.120)

                          Perjury 2 (RCW 9A.72.030)

                          Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                          Intimidating a Public Servant (RCW 9A.76.180)

                          Tampering with a Witness (RCW 9A.72.120)

                          Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))

                          Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                          Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                          Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                          Theft of livestock 2 (RCW 9A.56.080)

                          Securities Act violation (RCW 21.20.400)

                          Possession of Stolen Firearm 2 (RCW 9A.56.-- (section 417 of this act))

                          Theft of Firearm 2 (RCW 9A.56.-- (section 414 of this act))

          II            Malicious Mischief 1 (RCW 9A.48.070)

                          Possession of Stolen Property 1 (RCW 9A.56.150)

                          Theft 1 (RCW 9A.56.030)

                          Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))

                          Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                          Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                          Computer Trespass 1 (RCW 9A.52.110)

                          ((Reckless Endangerment 1 (RCW 9A.36.045)))

                          Escape from Community Custody (RCW 72.09.310)

           I             Theft 2 (RCW 9A.56.040)

                          Possession of Stolen Property 2 (RCW 9A.56.160)

                          Forgery (RCW 9A.60.020)

                          Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                          Vehicle Prowl 1 (RCW 9A.52.095)

                          Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                          Malicious Mischief 2 (RCW 9A.48.080)

                          Reckless Burning 1 (RCW 9A.48.040)

                          Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                          Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                          False Verification for Welfare (RCW 74.08.055)

                          Forged Prescription (RCW 69.41.020)

                          Forged Prescription for a Controlled Substance (RCW 69.50.403)

                          Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))


             Sec. 410. RCW 9A.36.045 and 1989 c 271 s 109 are each amended to read as follows:

             (1) A person is guilty of reckless endangerment in the first degree when he or she recklessly discharges a firearm in a manner which creates a substantial risk of death or serious physical injury to another person and the discharge is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm to the scene of the discharge.

             (2) A person who unlawfully discharges a firearm from a moving motor vehicle may be inferred to have engaged in reckless conduct, unless the discharge is shown by evidence satisfactory to the trier of fact to have been made without such recklessness.

             (3) Reckless endangerment in the first degree is a class ((C)) B felony.


             NEW SECTION. Sec. 411. A new section is added to chapter 9A.36 RCW to read as follows:

             (1) A person is guilty of reckless endangerment in the second degree when he or she recklessly discharges a firearm or uses any other deadly weapon as defined in RCW 9.94A.125 in conduct not amounting to reckless endangerment in the first degree but which creates a substantial risk of death or serious physical injury to another person.

             (2) Reckless endangerment in the second degree is a class C felony.


             Sec. 412. RCW 9A.36.050 and 1989 c 271 s 110 are each amended to read as follows:

             (1) A person is guilty of reckless endangerment in the ((second)) third degree when he or she recklessly engages in conduct not amounting to reckless endangerment in the first or second degree but which creates a substantial risk of death or serious physical injury to another person.

             (2) Reckless endangerment in the ((second)) third degree is a gross misdemeanor.


             NEW SECTION. Sec. 413. A new section is added to chapter 9A.56 RCW to read as follows:

             (1) A person is guilty of theft of a firearm in the first degree if he or she commits theft of:

             (a) A firearm or firearms in excess of one thousand dollars in value; or

             (b) A total of three or more firearms; or

             (c) A firearm or firearms of any value taken from the person of another.

             (2) The definition of theft and the defense allowed against the prosecution of theft under RCW 9A.56.020 shall apply to the theft of a firearm in the first degree.

             (3) Theft of a firearm in the first degree is a class B felony.


             NEW SECTION. Sec. 414. A new section is added to chapter 9A.56 RCW to read as follows:

             (1) A person is guilty of theft of a firearm in the second degree if he or she commits theft of any firearm or firearms which does not amount to theft of a firearm in the first degree.

             (2) The definition of theft and the defense allowed against the prosecution of theft under RCW 9A.56.020 shall apply to the theft of a firearm in the second degree.

             (3) Theft of a firearm in the second degree is a class C felony.


             Sec. 415. RCW 9A.56.040 and 1987 c 140 s 2 are each amended to read as follows:

             (1) A person is guilty of theft in the second degree if he or she commits theft of:

             (a) Property or services which exceed(s) two hundred and fifty dollars in value, but does not exceed one thousand five hundred dollars in value; or

             (b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or

             (c) An access device; or

             (d) A motor vehicle, of a value less than one thousand five hundred dollars((; or

             (e) A firearm, of a value less than one thousand five hundred dollars)).

             (2) Theft in the second degree is a class C felony.


             NEW SECTION. Sec. 416. A new section is added to chapter 9A.56 RCW to read as follows:

             (1) A person is guilty of possessing a stolen firearm in the first degree if he or she possesses a stolen firearm or firearms which:

             (a) Exceed one thousand dollars in value; or

             (b) Total three or more firearms.

             (2) The definition of possessing stolen property and the defense allowed against the prosecution of possessing stolen property under RCW 9A.56.020 shall apply to possessing a stolen firearm in the first degree.

             (3) Possessing a stolen firearm in the first degree is a class B felony.


             NEW SECTION. Sec. 417. A new section is added to chapter 9A.56 RCW to read as follows:

             (1) A person is guilty of possessing a stolen firearm in the second degree if he or she possesses a stolen firearm or firearms not amounting to possessing a stolen firearm in the first degree.

             (2) The definition of possessing stolen property and the defense allowed against the prosecution of possessing stolen property under RCW 9A.56.020 shall apply to possessing a stolen firearm in the second degree.

             (3) Possessing a stolen firearm in the second degree is a class C felony.


             Sec. 418. RCW 9A.56.160 and 1987 c 140 s 4 are each amended to read as follows:

             (1) A person is guilty of possessing stolen property in the second degree if:

             (a) He or she possesses stolen property which exceeds two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value; or

             (b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or

             (c) He or she possesses a stolen access device; or

             (d) He or she possesses a stolen motor vehicle of a value less than one thousand five hundred dollars((; or

             (e) He possesses a stolen firearm)).

             (2) Possessing stolen property in the second degree is a class C felony.


             NEW SECTION. Sec. 419. A new section is added to chapter 9.41 RCW to read as follows:

             Upon conviction of any person of any offense that disqualifies the offender from ownership of a pistol the court shall: (1) Immediately revoke the concealed pistol license of the offender, if any; (2) order the immediate surrender of the license to the court; (3) destroy the license, unless an appeal of the conviction is timely filed, in which case the court shall retain possession of the license until a final determination of the appeal; and (4) notify the department of licensing of the revocation.

             If the license has not otherwise expired, the court shall restore, without cost, the license of a person whose conviction is reversed on appeal. The person shall also be eligible for relicensing without consideration of the original conviction. Upon restoration, the court shall immediately notify the department of licensing.


             NEW SECTION. Sec. 420. A new section is added to chapter 9.41 RCW to read as follows:

             Upon receipt of notice from the court under section 419 of this act, the department shall correct its records to reflect the revocation or restoration of the concealed pistol license.


             Sec. 421. RCW 9.41.010 and 1992 c 205 s 117 and 1992 c 145 s 5 are each reenacted and amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) (("Short firearm" or "pistol" as used in this chapter means any firearm with a barrel less than twelve inches in length)) "Ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.

             (2) "Crime of violence" ((as used in this chapter)) means:

             (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, rape in the second degree, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, residential burglary, reckless endangerment in the first degree, burglary in the second degree, ((and)) robbery in the second degree, and malicious harassment;

             (b) Any conviction or adjudication for a felony offense in effect at any time prior to ((July 1, 1976)) the effective date of this section, which is comparable to a felony classified as a crime of violence in subsection (2)(a) of this section; and

             (c) Any federal or out-of-state conviction or adjudication for an offense comparable to a felony classified as a crime of violence under subsection (2) (a) or (b) of this section.

             (3) "Deadly weapon" has the same definition as in RCW 9A.04.110.

             (4) "Dealer" means:

             (a) Any person engaged in the business of selling firearms at wholesale or retail;

             (b) Any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms; or

             (c) Any person who is a pawnbroker.

             (5)(a) "Engaged in the business" means:

             (i) As applied to a dealer as defined in subsection (4)(a) of this section, a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his or her personal collection of firearms;

             (ii) As applied to a dealer as defined in subsection (4)(b) of this section, a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit, but such term shall not include a person who makes occasional repairs of firearms, or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.

             (b) For the purpose of this subsection, "with the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection.

             (c) The possession of a federal firearms license under 18 U.S.C. Sec. 923 does not constitute conclusive proof that the holder is a person engaged in business as a dealer.

             (6) "Firearm" ((as used in this chapter)) means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

             (((4) "Commercial seller" as used in this chapter means a person who has a federal firearms license.))

             (7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.

             (8) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

             (a) Any crime of violence;

             (b) Child molestation in the second degree;

             (c) Controlled substance homicide;

             (d) Incest when committed against a child under age fourteen;

             (e) Indecent liberties;

             (f) Leading organized crime;

             (g) Promoting prostitution in the first degree;

             (h) Rape in the third degree;

             (i) Sexual exploitation;

             (j) Vehicular assault;

             (k) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

             (l) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;

             (m) Any other felony with a deadly weapon verdict under RCW 9.94A.125; or

             (n) Any felony offense in effect at any time prior to the effective date of this section that is comparable to a most serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense.

             (9) "Pistol" means any firearm with a barrel less than twelve inches in length.


             Sec. 422. RCW 9.41.040 and 1992 c 205 s 118 and 1992 c 168 s 2 are each reenacted and amended to read as follows:

             (1) A person is guilty of the crime of unlawful possession of a ((short firearm or)) pistol, if, having previously been convicted or, as a juvenile, adjudicated in this state or elsewhere of a crime of violence, a most serious offense, a domestic violence offense enumerated in RCW 10.99.020(2), a harassment offense enumerated in RCW 9A.46.060, or of a felony in which a firearm was used or displayed, the person owns or has in his or her possession any ((short firearm or)) pistol.

             (2) Unlawful possession of a ((short firearm or)) pistol shall be punished as a class C felony under chapter 9A.20 RCW.

             (3) As used in this section, a person has been "convicted or adjudicated" at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. A person shall not be precluded from possession if the conviction or adjudication has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or adjudicated or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

             (4) Except as provided in subsection (5) of this section, a person is guilty of the crime of unlawful possession of a ((short firearm or)) pistol if, after having been convicted or adjudicated of any felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction, the person owns or has in his or her possession or under his or her control any ((short firearm or)) pistol.

             (5) Notwithstanding subsection (1) of this section, a person convicted of an offense other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from ownership, possession, or control of a firearm as a result of the conviction.

             (6)(a) A person who has been committed by court order for treatment of mental illness under RCW 71.05.320 or chapter 10.77 RCW, or equivalent statutes of another jurisdiction, may not possess, in any manner, a firearm as defined in RCW 9.41.010.

             (b) At the time of commitment, the court shall specifically state to the person under (a) of this subsection and give the person notice in writing that the person is barred from possession of firearms.

             (c) The secretary of social and health services shall develop appropriate rules to create an approval process under this subsection. The rules must provide for the immediate restoration of the right to possess a firearm upon a showing in a court of competent jurisdiction that a person no longer is required to participate in an inpatient or outpatient treatment program, and is no longer required to take medication to treat any condition related to the commitment. Unlawful possession of a firearm under this subsection shall be punished as a class C felony under chapter 9A.20 RCW.


             Sec. 423. RCW 9.41.050 and 1982 1st ex.s. c 47 s 3 are each amended to read as follows:

             (1) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a concealed pistol license ((to carry a concealed weapon)).

             (2) A person who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.

             (3) A person shall not carry or place a loaded pistol in any vehicle unless the person has a concealed pistol license ((to carry a concealed weapon)) and: (a) The pistol is on the licensee's person, (b) the licensee is within the vehicle at all times that the pistol is there, or (c) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.


             Sec. 424. RCW 9.41.060 and 1961 c 124 s 5 are each amended to read as follows:

             The provisions of RCW 9.41.050 shall not apply to marshals, sheriffs, prison or jail wardens or their deputies, ((policemen)) police officers or other law enforcement officers, or to members of the army, navy or marine corps of the United States or of the national guard or organized reserves when on duty, or to regularly enrolled members of any organization duly authorized to purchase or receive such ((weapons)) pistols from the United States or from this state, or to regularly enrolled members of clubs organized for the purpose of target shooting or modern and antique firearm collecting or to individual hunters: PROVIDED, Such members are at, or are going to or from their places of target practice, or their collector's gun shows and exhibits, or are on a hunting, camping or fishing trip, or to officers or employees of the United States duly authorized to carry a concealed pistol, or to any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his or her possession, using, or carrying a pistol in the usual or ordinary course of such business, or to any person while carrying a pistol unloaded and in a secure wrapper from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business or in moving from one place of abode or business to another.


             Sec. 425. RCW 9.41.070 and 1992 c 168 s 1 are each amended to read as follows:

             (1) The judge of a court of record, the chief of police of a municipality, or the sheriff of a county, shall within thirty days after the filing of an application of any person issue a license to such person to carry a pistol concealed on his or her person within this state for four years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. Such applicant's constitutional right to bear arms shall not be denied, unless he or she:

             (a) Is ineligible to ((own)) possess a pistol under the provisions of RCW 9.41.040; or

             (b) Is under twenty-one years of age; or

             (c) Is subject to a court order or injunction regarding firearms pursuant to RCW 10.99.040, 10.99.045, or 26.09.060; or

             (d) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime of violence; or

             (e) Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; or

             (f) Has been ordered to forfeit a firearm under RCW 9.41.098(1)(d) within one year before filing an application to carry a pistol concealed on his or her person; or

             (g) Has been convicted of any of the following offenses: Assault in the third degree, indecent liberties, malicious mischief in the first degree, possession of stolen property in the first or second degree, or theft in the first or second degree. Any person who becomes ineligible for a concealed pistol ((permit)) license as a result of a conviction for a crime listed in this subsection (1)(g) and then successfully completes all terms of his or her sentence, as evidenced by a certificate of discharge issued under RCW 9.94A.220 in the case of a sentence under chapter 9.94A RCW, and has not again been convicted of any crime and is not under indictment for any crime, may, one year or longer after such successful sentence completion, petition the district court for a declaration that the person is no longer ineligible for a concealed pistol ((permit)) license under this subsection (1)(g).

             (2) In the event the issuing authority is unable to determine whether the applicant has been convicted of an offense that disqualifies the applicant from receiving a license, the issuing authority may extend the period in which a decision is to be made by not more than thirty days if the applicant is notified of the delay by certified mail and is provided an opportunity to present to the issuing authority evidence that he or she has not been convicted of any disqualifying offense. If, at the end of the extended period the issuing authority is unable to determine whether a disqualifying conviction has been entered, the application shall be approved.

             (3) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored.

             (((3))) (4) The license shall be revoked by the issuing authority immediately upon conviction of a crime which makes such a person ineligible to ((own)) possess a pistol or upon the third conviction for a violation of this chapter within five calendar years.

             (((4))) (5) Upon an order to forfeit a firearm under RCW 9.41.098(1)(d) the issuing authority shall:

             (a) On the first forfeiture, revoke the license for one year;

             (b) On the second forfeiture, revoke the license for two years;

             (c) On the third or subsequent forfeiture, revoke the license for five years.

Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period. The issuing authority shall notify, in writing, the department of licensing upon revocation of a license. The department of licensing shall record the revocation.

             (((5))) (6) The license application shall be in triplicate, in form to be prescribed by the department of licensing, and shall bear the full name, street address, ((and)) date and place of birth, race, gender, description, fingerprints, ((and)) signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. The application shall also include a statement that the applicant is eligible to possess a pistol under RCW 9.41.040. The license application shall contain a warning substantially as follows:

 

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.

             The license application shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The ((application shall contain questions about the applicant's place of birth, whether the applicant is a United States citizen, and if not a citizen whether the applicant has declared the intent to become a citizen)) applicant shall also provide the following information: Citizenship and whether he or she has been required to register with the state or federal government and ((any)) has an identification or registration number((, if applicable)). The applicant shall not be required to produce a birth certificate or other evidence of citizenship. ((An applicant who is not a citizen shall provide documentation showing resident alien status and the applicant's intent to become a citizen. A person who makes a false statement regarding citizenship on the application is guilty of a misdemeanor.)) A person who is not a citizen of the United States((, or has not declared his or her intention to become a citizen)) shall meet the additional requirements of RCW 9.41.170.

             Upon approval of the application by the issuing authority, the original ((thereof)) application and license shall be delivered to the licensee((, the)); a duplicate of the license shall within seven days be sent ((by registered mail)) to the director of licensing; and ((the)) a triplicate of the license shall be preserved for six years, by the issuing authority ((issuing said license)). If the application is denied, notice of the denial shall be sent to the applicant and the director of licensing by the issuing authority within five days of denial.

             The department of licensing shall enter the information on the application record and license into its data bank. The department shall make available in an on-line format all information received under this subsection and subsection (5) of this section. The form of the application and license shall be as determined by the director of licensing.

             (((6))) (7) The fee for the original issuance of a four-year license shall be ((twenty-three)) thirty dollars((: PROVIDED, That)). No other ((additional charges by any)) branch or unit of government ((shall be borne by)) may impose any additional charges on the applicant for the issuance of the license((: PROVIDED FURTHER, That)).

             The fee shall be distributed as follows:

             (a) Four dollars shall be paid to the state general fund;

             (b) ((Four)) Five dollars shall be paid to the agency taking the fingerprints of the person licensed;

             (c) ((Twelve)) Fifteen dollars and fifty cents shall be paid to the issuing authority solely for the purpose of enforcing this chapter; ((and))

             (d) Three dollars to the firearms range account in the general fund; and

             (e) Two dollars and fifty cents to the department of licensing solely for the purpose of enforcing this chapter.

             (((7))) (8) The fee for the renewal of such license shall be ((fifteen)) twenty dollars((: PROVIDED, That)). No other ((additional charges by any)) branch or unit of government ((shall be borne by)) may impose any additional charges on the applicant for the renewal of the license((: PROVIDED FURTHER, That)).

             The renewal fee shall be distributed as follows:

             (a) Four dollars shall be paid to the state general fund;

             (b) ((Eight)) Ten dollars shall be paid to the issuing authority solely for the purpose of enforcing this chapter; ((and))

             (c) Three dollars to the firearms range account in the general fund; and

             (d) Three dollars to the department of licensing.

             (((8))) (9) Methods of payment shall be ((by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed)) determined at the option of the issuing authority.

             (((9))) (10) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ten dollars in addition to the renewal fee specified in subsection (((7))) (8) of this section. The fee shall be distributed as follows:

             (a) Three dollars shall be deposited in the state wildlife fund and used exclusively for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law. The pamphlet shall be given to each applicant for a license; and

             (b) Seven dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.

             (((10))) (11) Notwithstanding the requirements of subsections (1) through (((9))) (10) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section.

             (((11))) (12) A political subdivision of the state shall not: (a) Modify the requirements of this ((section or)) chapter((, nor may a political subdivision)); (b) refuse to accept a completed application; or (c) ask the applicant to voluntarily submit any information not required by this section. A civil suit may be brought to enjoin a wrongful refusal to accept a completed application or to issue a license or a wrongful modification of the requirements of this ((section or)) chapter. The civil suit may be brought in the county in which the application was made or in Thurston county at the discretion of the petitioner. Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded costs, including reasonable attorneys' fees, incurred in connection with such legal action.

             (13) A person who knowingly makes a false statement regarding residency, identity, citizenship, or other required information on an application for a concealed pistol license is guilty of a misdemeanor. Each false statement is a separate offense.

             (14) A person may apply for a license only in, and such license may be issued only in, the municipality or the county in which the applicant resides.


             Sec. 426. RCW 9.41.080 and 1935 c 172 s 8 are each amended to read as follows:

             (1) No person ((shall)) may deliver a pistol or ammunition usable only in a pistol to any person under the age of ((twenty-one)) eighteen or to one who he or she has reasonable cause to believe ((has been convicted of a crime of violence, or is a drug addict, an habitual drunkard, or of unsound mind)) is ineligible to possess a pistol under RCW 9.41.040. No dealer may deliver a pistol or ammunition usable only in a pistol to any person under the age of twenty-one or to one who he or she has reasonable cause to believe is ineligible to possess a pistol under RCW 9.41.040. Violation of this subsection is a gross misdemeanor for the first offense and a class C felony punishable under chapter 9A.20 RCW for all subsequent offenses.

             (2) Any person who makes an unlawful delivery under this section within one thousand feet of any public or private elementary or secondary school premises is guilty of a class C felony punishable under chapter 9A.20 RCW.

             (3) The minimum sentence for a violation of this section is ninety days of confinement.


             Sec. 427. RCW 9.41.090 and 1988 c 36 s 2 are each amended to read as follows:

             (1) In addition to the other requirements of this chapter, no ((commercial seller shall)) dealer may deliver a pistol to the purchaser thereof until:

             (a) The purchaser produces a valid concealed pistol license and the ((commercial seller)) dealer has recorded the purchaser's name, license number, and issuing agency, such record to be made in triplicate and processed as provided in subsection (4) of this section; or

             (b) The ((seller)) dealer is notified in writing by the chief of police of the municipality or the sheriff of the county that the purchaser ((meets the requirements of)) is eligible to possess a pistol under RCW 9.41.040 and that the application to purchase is ((granted)) approved by the chief of police or sheriff; or

             (c) Five consecutive days ((including)) excluding Saturday, Sunday and holidays have elapsed from the time of receipt of the application for the purchase thereof as provided herein by the chief of police or sheriff designated in subsection (4) of this section, and, when delivered, ((said)) the pistol shall be securely wrapped and shall not be ((unloaded)) loaded. However, if the purchaser does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous consecutive ninety days, the waiting period under this subsection (1)(c) shall be up to sixty days.

             (2) In any case under subsection (1)(c) of this section where the applicant has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor, the ((seller)) dealer shall hold the delivery of the pistol until the warrant for arrest is served and satisfied by appropriate court appearance. The local jurisdiction for purposes of the sale shall confirm the existence of outstanding warrants within seventy-two hours after notification of the application to purchase a pistol is received. The local jurisdiction shall also immediately confirm the satisfaction of the warrant on request of the ((seller)) dealer so that the hold may be released if the warrant was for a crime other than a crime of violence.

             (3) In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for a crime of violence, or (e) an arrest for a crime of violence if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to purchase a pistol, the local jurisdiction may hold the sale and delivery of the pistol beyond five days up to thirty days in order to confirm existing records in this state or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved by a local district court or municipal court for good cause shown. An applicant shall be notified of each hold placed on the sale by local law enforcement and of any application to the court for additional hold period to confirm records or confirm the identity of the applicant.

             (4) At the time of applying for the purchase of a pistol, the purchaser shall sign in triplicate and deliver to the ((seller)) dealer an application containing his or her full name, street address, date and place of birth, ((and)) race, and gender; the date and hour of the application; the applicant's driver's license number or state identification card number; ((and)) a description of the ((weapon)) pistol, including((,)) the make, model, caliber and manufacturer's number; and a statement that the purchaser is eligible to ((own)) possess a pistol under RCW 9.41.040. The application shall contain a warning substantially as follows:

 

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. State permission to purchase a firearm is not a defense to a federal prosecution.

The purchaser shall be given a copy of the department of fish and wildlife pamphlet on the legal limits of the use of firearms, firearms safety, and the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.

             The ((seller)) dealer shall, by the end of the business day, sign and attach his or her address and deliver the original of the application and such other documentation as required under subsection (1) of this section to the chief of police of the municipality or the sheriff of the county of which the ((seller)) dealer is a resident. The dealer shall send the duplicate to the director of licensing within seven days, and retain the triplicate for six years. The ((seller)) dealer shall deliver the pistol to the purchaser following the period of time specified in this section unless the ((seller)) dealer is notified in writing by the chief of police of the municipality or the sheriff of the county, whichever is applicable, denying the purchaser's application to purchase and the grounds thereof. The application shall not be denied unless the purchaser ((fails to meet the requirements specified in)) is not eligible to possess a pistol under RCW 9.41.040. The chief of police of the municipality or the county sheriff shall maintain a file containing the original of the application to purchase a pistol.

             (5) Sales by wholesalers to dealers are exempt from the provisions of this section.

             (6) A person who knowingly makes a false statement regarding residency, identity, citizenship, or other required information on the application to purchase a pistol is guilty of a misdemeanor. Each false statement is a separate offense.


             Sec. 428. RCW 9.41.095 and 1969 ex.s. c 227 s 3 are each amended to read as follows:

             Any person whose application to purchase a pistol as provided in RCW 9.41.090 ((as now or hereinafter amended)) is denied shall have a right to appeal to the legislative body of the municipality or of the county, whichever is applicable, for a review of the denial at a public hearing to be conducted within fifteen days after denial. It shall be the duty of the law enforcement officer recommending the denial to appear at such hearing and to present proof relating to the grounds for denial. In the event that the evidence so presented does not sustain one of the grounds for denial enumerated in RCW 9.41.090, the legislative authority shall authorize the sale.

             Any person aggrieved by a determination of the appropriate legislative body not to permit the sale of such weapon is entitled to judicial review by the superior court in the appropriate county.


             Sec. 429. RCW 9.41.098 and 1993 c 243 s 1 are each amended to read as follows:

             (1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:

             (a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;

             (b) Commercially sold to any person without an application as required by RCW 9.41.090;

             (c) Found in the possession or under the control of a person at the time the person committed or was arrested for committing a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the Uniform Controlled Substances Act, chapter 69.50 RCW;

             (d) Found concealed on a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, having 0.10 grams or more of alcohol per two hundred ten liters of breath or 0.10 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's breath, blood, or other bodily substance;

             (e) Found in the possession of a person prohibited from possessing the firearm under RCW 9.41.040;

             (f) Found in the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a crime of violence or a crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not result in forfeiture under this section;

             (g) Found in the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW;

             (h) Known to have been used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or

             (i) Known to have been used in the commission of a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the ((Uniformed [Uniform])) Uniform Controlled Substances Act, chapter 69.50 RCW.

             (2) Upon order of forfeiture, the court in its discretion shall order destruction of any firearm that is illegal for any person to possess. A court may temporarily retain forfeited firearms needed for evidence.

             (a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993, and applies only if the law enforcement agency has complied with (b) of this subsection.

             By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010.

             (b) Except as provided in (c) of this subsection, of the inventoried firearms a law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use, and shall either:

             (i) Comply with the provisions for the auction of firearms in RCW 9.41.098 that were in effect immediately preceding May 7, 1993; or

             (ii) Trade, auction, or arrange for the auction of, rifles and shotguns. In addition, the law enforcement agency shall either trade, auction, or arrange for the auction of, ((short firearms)) pistols, or shall pay a fee of twenty-five dollars to the state treasurer for every ((short firearm)) pistol neither auctioned nor traded, to a maximum of fifty thousand dollars. The fees shall be accompanied by an inventory, under oath, of every ((short firearm)) pistol listed in the inventory required by (a) of this subsection, that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 77.12.720. All trades or auctions of firearms under this subsection shall be to ((commercial sellers)) dealers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 77.12.720.

             (c) Antique firearms as defined by RCW 9.41.150 and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department bureau of alcohol, tobacco, and firearms are exempt from destruction and shall be disposed of by auction or trade to ((commercial sellers)) dealers.

             (d) Firearms in the possession of the Washington state patrol on or after May 7, 1993, that are judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal firearms for agency use; and (iii) all other legal firearms must be auctioned or traded to ((commercial sellers)) dealers. The Washington state patrol may retain any proceeds of an auction or trade.

             (3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.

             (4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section.


             Sec. 430. RCW 9.41.110 and 1979 c 158 s 2 are each amended to read as follows:

             (1) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any pistol without being licensed as provided in this section.

             (2) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any firearm other than a pistol without being licensed as provided in this section.

             (3) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any ammunition without being licensed as provided in this section.

             (4) The duly constituted licensing authorities of any city, town, or political subdivision of this state shall grant licenses in forms prescribed by the director of licensing effective for not more than one year from the date of issue permitting the licensee to sell pistols or firearms other than pistols within this state subject to the following conditions, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in RCW 9.41.010 through 9.41.160 (as recodified by this act).

             (((1))) (5)(a) A licensing authority shall, within forty-five days after the filing of an application of any person for a dealer's license, determine whether to grant the license. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card, or has not been a resident of the state for the previous consecutive ninety days, the licensing authority shall have up to seventy-five days to determine whether to issue a license. No person shall qualify for a license under this section without first receiving a federal firearms license and undergoing fingerprinting and a background check. In addition, no person ineligible to possess a firearm under RCW 9.41.040 or ineligible for a concealed pistol license under RCW 9.41.070 shall qualify for a dealer's license.

             (b) A dealer shall require every employee who may sell a firearm in the course of his or her employment to undergo fingerprinting and a background check. An employee must be eligible to own, possess, or control a firearm, and eligible for a concealed pistol license, before being permitted to sell a firearm. Every employee shall comply with requirements concerning purchase applications and restrictions on delivery of pistols that are applicable to dealers.

             (6)(a) The business shall be carried on only in the building designated in the license.

             (((2))) (b) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be read.

             (((3))) (c) No pistol ((shall)) may be sold (((a))) in violation of any provisions of RCW 9.41.010 through 9.41.160 (as recodified by this act), nor (((b) shall)) may a pistol be sold under any circumstances unless the purchaser is personally known to the ((seller)) dealer or shall present clear evidence of his or her identity.

             (((4) A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the director of licensing and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the date of sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, color and place of birth of the purchaser and a statement signed by the purchaser that he has never been convicted in this state or elsewhere of a crime of violence. One copy shall within six hours be sent by registered mail to the chief of police of the municipality or the sheriff of the county of which the dealer is a resident; the duplicate the dealer shall within seven days send to the director of licensing; the triplicate the dealer shall retain for six years.

             (5) This section shall not apply to sales at wholesale.)) (d) The license fee for pistols shall be one hundred fifty dollars. The license fee for firearms other than pistols shall be one hundred fifty dollars. The license fee for ammunition shall be one hundred fifty dollars. Any dealer who obtains any license under subsection (1), (2), or (3) of this section may also obtain the remaining licenses without payment of any fee. The fees received under this section shall be deposited in the violence reduction and drug enforcement account under RCW 69.50.520 for the purpose of providing firearm safety training through the department of fish and wildlife in whatever manner the director deems appropriate.

             (((6))) (7) The dealer's licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses. The department shall provide a single application form for dealer's licenses.

             (((7))) (8) Except as provided in RCW 9.41.090 ((as now or hereinafter amended)), every city, town, and political subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale.

             ((The fee paid for issuing said license shall be five dollars which fee shall be paid into the state treasury.))


             Sec. 431. RCW 9.41.140 and 1961 c 124 s 10 are each amended to read as follows:

             No person ((shall)) may change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark of identification on any ((pistol)) firearm. Possession of any ((pistol)) firearm upon which any such mark shall have been changed, altered, removed, or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same. This shall not apply to replacement barrels in old ((revolvers)) firearms, which barrels are produced by current manufacturers and ((therefor)) do not have the markings on the barrels of the original manufacturers who are no longer in business.


             Sec. 432. RCW 9.41.170 and 1979 c 158 s 3 are each amended to read as follows:

             ((It shall be unlawful for any person who is not a citizen of the United States, or who has not declared his intention to become a citizen of the United States, to carry or have in his possession at any time any shotgun, rifle, or other firearm, without first having obtained a license from the director of licensing, and such license is not to be issued by the director of licensing except upon the certificate of the consul domiciled in the state and representing the country of such alien, that he is a responsible person and upon the payment for the license of the sum of fifteen dollars: PROVIDED, That)) (1) It is a class C felony for any person who is not a citizen of the United States to carry or possess any firearm, without first having obtained an alien firearm license from the director of licensing. Except as provided in subsection (2) of this section, the director of licensing may issue an alien firearm license only upon receiving from the consul domiciled in this state representing the country of the alien, a certified copy of the alien's criminal history in the alien's country indicating the alien is not ineligible under RCW 9.41.040 to own, possess, or control a firearm, and the consul's attestation that the alien is a responsible person.

             (2)(a) Subject to the additional requirements of (b) of this subsection, the director of licensing may issue an alien firearm license without a certified copy of the alien's criminal history or the consul's attestation required by subsection (1) of this section, if the alien has been a resident of this state for at least two years and: (i) The alien is from a country without a consul domiciled within this state, or (ii) the consul has failed to provide, within ninety days after a request by the alien, the criminal history or attestation required by subsection (1) of this section.

             (b) Before issuing an alien firearm license under this subsection (2), the director of licensing shall ask the local law enforcement agency of the jurisdiction in which the alien resides to complete a background check to determine the alien's eligibility under RCW 9.41.040 to own, possess, or control a firearm. The law enforcement agency shall complete a background check within thirty days after the request, unless the alien does not have a valid Washington driver's license or Washington state identification card. In the latter case, the law enforcement agency shall complete the background check within sixty days after the request.

             A signed application for an alien firearm license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for an alien firearm license to an inquiring law enforcement agency.

             (3) The fee for an alien firearm license shall be twenty-five dollars, and the license shall be valid for four years from the date of issue.

             (4) This section shall not apply to Canadian citizens resident in a province which has an enactment or public policy providing substantially similar privilege to residents of the state of Washington and who are carrying or possessing weapons for the purpose of using them in the hunting of game while such persons are in the act of hunting, or while on a hunting trip, or while such persons are competing in a bona fide trap or skeet shoot or any other organized contest where rifles, pistols, or shotguns are used ((as to weapons used in such contest)). Nothing in this section ((shall be construed to)) allows aliens to hunt or fish in this state without first having obtained a regular hunting or fishing license. ((Any person violating the provisions of this section shall be guilty of a misdemeanor.))


             Sec. 433. RCW 9.41.180 and 1992 c 7 s 8 are each amended to read as follows:

             Except as provided in RCW 9.41.185, every person who ((shall)) sets a so-called trap, spring pistol, rifle, or other deadly weapon((, shall be punished as follows:

             (1) If no injury result therefrom to any human being, by imprisonment in the county jail for not more than one year or by a fine of not more than one thousand dollars, or by both.

             (2) If injuries not fatal result therefrom to any human being, by imprisonment in a state correctional facility for not more than twenty years.

             (3) If the death of a human being results therefrom, by imprisonment in a state correctional facility for not more than twenty years)) is guilty of a gross misdemeanor.


             Sec. 434. RCW 9.41.190 and 1982 1st ex.s. c 47 s 2 are each amended to read as follows:

             (1) It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in his or her possession ((or under control)), any machine gun, or any part thereof capable of use or assembling or repairing any machine gun((: PROVIDED, HOWEVER, That such limitation)).

             (2) This section shall not apply to:

             (a) Any peace officer in the discharge of official duty, or to any officer or member of the armed forces of the United States or the state of Washington((: PROVIDED FURTHER, That this section does not apply to)) in the discharge of official duty; or

             (b) A person, including an employee of such person, who or which is exempt from or licensed under the National Firearms Act (26 U.S.C. section 5801 et seq.), and engaged in the production, manufacture, or testing of weapons or equipment to be used or purchased by the armed forces of the United States, and having a United States government industrial security clearance.

             (3) Any person violating this section is guilty of a class C felony punishable under chapter 9A.20 RCW.


             Sec. 435. RCW 9.41.240 and 1971 c 34 s 1 are each amended to read as follows:

             ((No minor under the age of fourteen years shall handle or have in his possession or under his control, except while accompanied by or under the immediate charge of his parent or guardian or other adult approved for the purpose of this section by the parent or guardian, or while under the supervision of a certified safety instructor at an established gun range or firearm training class, any firearm of any kind for hunting or target practice or for other purposes.)) (1) Except as provided in this section, no person: (a) Under the age of eighteen may handle, possess, or control any pistol or ammunition usable only in a pistol; or (b) under the age of fourteen may handle, possess, or control any firearm or ammunition.

             (2) Subsection (1) of this section shall not apply to any person:

             (a) While in the presence of the person's parent, guardian, or other adult approved for the purpose of this section by the parent or guardian;

             (b) While engaged in hunting when in possession of a valid license issued under RCW 77.32.101; or

             (c) While under the supervision of a certified safety instructor at an established gun range or at a firearm training class.

             (3) This section shall not apply to any peace officer in the discharge of official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty.

             (4) Every person violating ((any of the foregoing provisions)) this section, or aiding or knowingly permitting any such ((minor)) person under the age of eighteen to violate ((the same)) this section, shall be guilty of a gross misdemeanor for a first offense, and a class C felony punishable under chapter 9A.20 RCW for each subsequent offense.

             (5) Nothing in this section shall interfere with the right to use a firearm in self-defense as set forth in chapter 9A.16 RCW.


             Sec. 436. RCW 9.41.250 and 1959 c 143 s 1 are each amended to read as follows:

             ((Every)) It is unlawful for any person ((who shall)) to manufacture, own, buy, sell ((or dispose of)), loan, furnish, transport, or have in his or her possession any ((instrument or)) deadly weapon ((of the kind usually known as slung shot, sand club, or metal knuckles, or spring blade knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any 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; who shall furtively carry with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or who shall use any contrivance or device for suppressing the noise of any firearm, shall be guilty of a gross)) other than a firearm or motor vehicle. A violation of this section is a misdemeanor. This section does not apply to law enforcement or any person engaged in military activities sponsored by the federal or state governments.


             Sec. 437. RCW 9.41.260 and 1909 c 249 s 283 are each amended to read as follows:

             Every proprietor, lessee or occupant of any place of amusement, or any plat of ground or building, who shall allow it to be used for the exhibition of skill in throwing any sharp instrument or in shooting any bow ((gun, pistol)) or firearm of any description, at or toward any human being, shall be guilty of a misdemeanor.


             Sec. 438. RCW 9.41.270 and 1969 c 8 s 1 are each amended to read as follows:

             (1) It ((shall be unlawful)) is a class C felony punishable under chapter 9A.20 RCW for anyone to aim any firearm, whether loaded or not, at or towards any human being, or to carry, exhibit, display, or draw any ((firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm,)) deadly weapon in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

             (2) ((Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor)) It is a gross misdemeanor to willfully discharge any firearm, air gun, or other deadly weapon or throw any deadly weapon in a public place, or in any place where any reasonable person believes a person might be endangered thereby, although no injury results; or to use any contrivance or device for suppressing the noise of any firearm. A public place shall not include any location at which firearms are authorized to be lawfully discharged.

             (3) It is a misdemeanor to carry a concealed deadly weapon, except for a pistol when the person carrying the pistol is licensed under RCW 9.41.070.

             (4) For purposes of this section, "reasonable" means a conclusion that a person of ordinary intelligence, given the circumstances during which a belief is held or an event occurred, would be expected to reach, or an action that a person of ordinary intelligence would be expected to take.

             (5) Subsection (1) of this section shall not apply to or affect the following:

             (a) Any act committed by a person while in his or her place of abode or fixed place of business for the purpose of preventing any criminal act;

             (b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;

             (c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

             (d) Any person making or assisting in making a lawful arrest for the commission of a felony; or

             (e) Any person engaged in military activities sponsored by the federal or state governments.


             Sec. 439. RCW 9.41.280 and 1993 c 347 s 1 are each amended to read as follows:

             (1) It is unlawful for a person to carry onto 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; or

             (b) Any dangerous)) deadly weapon ((as defined in RCW 9.41.250)); or

             (((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; or

             (d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or

             (e))) (b) 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.

             (2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, and the deadly weapon used in the violation was a firearm, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

             Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. However, any violation of subsection (1)(a) of this section by an elementary or secondary school student involving a firearm shall result in expulsion in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.

             (3) 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 who possesses nun-chu-ka sticks, throwing stars, or other ((dangerous)) deadly weapons to be used in martial arts classes authorized to be conducted on the school premises;

             (e) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;

             (f) Any person who has been issued a license under RCW 9.41.070, while picking up or dropping off a student;

             (g) Any person legally in possession of a ((firearm or dangerous)) deadly weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;

             (h) Any person who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or

             (i) Any law enforcement officer of the federal, state, or local government agency.

             (4) Except as provided in subsection (3)(b), (c), (e), and (i) of this section, firearms are not permitted in a public or private school building.

             (5) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.


             NEW SECTION. Sec. 440. A new section is added to chapter 9.41 RCW to read as follows:

             (1) A person who possesses a stolen firearm is guilty of a class C felony punishable under chapter 9A.20 RCW.

             (2) A person who commits theft of a firearm with a value less than one thousand five hundred dollars is guilty of a class C felony punishable under chapter 9A.20 RCW.

             (3) A person who commits theft of a firearm with a value of one thousand five hundred dollars or more is guilty of a class B felony punishable under chapter 9A.20 RCW.

             (4) It shall be a defense to any prosecution under this section, which the defendant shall prove by a preponderance of the evidence, that he or she did not know, at any time while in possession of the firearm, that it was stolen.


             Sec. 441. RCW 9.94A.310 and 1992 c 145 s 9 are each amended to read as follows:

 

(1)                                                                               TABLE 1

Sentencing Grid

SERIOUSNESS

SCORE                                                             OFFENDER SCORE

                                                                                                                                  9 or

             0           1           2           3           4           5           6           7           8           more


XV       Life Sentence without Parole/Death Penalty


XIV      23y4m  24y4m  25y4m  26y4m  27y4m  28y4m  30y4m  32y10m             36y40y

             240-     250-     261-     271-     281-     291-     312-     338-     370-     411-

             320       333       347       361       374       388       416       450       493       548


XIII      12y       13y       14y       15y       16y       17y       19y       21y       25y       29y

             123-     134-     144-     154-     165-     175-     195-     216-     257-     298-

             164       178       192       205       219       233       260       288       342       397


XII       9y         9y11m  10y9m  11y8m  12y6m  13y5m  15y9m  17y3m  20y3m  23y3m

             93-       102-     111-     120-     129-     138-     162-     178-     209-     240-

             123       136       147       160       171       184       216       236       277       318

 

XI        7y6m    8y4m    9y2m    9y11m  10y9m  11y7m  14y2m  15y5m  17y11m 20y5m

             78-       86-       95-       102-     111-     120-     146-     159-     185-     210-

             102       114       125       136       147       158       194       211       245       280

 

X          5y         5y6m    6y         6y6m    7y         7y6m    9y6m    10y6m  12y6m  14y6m

             51-       57-       62-       67-       72-       77-       98-       108-     129-     149-

             68         75         82         89         96         102       130       144       171       198

 

IX        3y         3y6m    4y         4y6m    5y         5y6m    7y6m    8y6m    10y6m  12y6m

             31-       36-       41-       46-       51-       57-       77-       87-       108-     129-

             41         48         54         61         68         75         102       116       144       171

 

VIII      2y         2y6m    3y         3y6m    4y         4y6m    6y6m    7y6m    8y6m    10y6m

             21-       26-       31-       36-       41-       46-       67-       77-       87-       108-

             27         34         41         48         54         61         89         102       116       144

 

VII       18m      2y         2y6m    3y         3y6m    4y         5y6m    6y6m    7y6m    8y6m

             15-       21-       26-       31-       36-       41-       57-       67-       77-       87-

             20         27         34         41         48         54         75         89         102       116

 

VI        13m      18m      2y         2y6m    3y         3y6m    4y6m    5y6m    6y6m    7y6m

             12+-     15-       21-       26-       31-       36-       46-       57-       67-       77-

             14        20         27         34         41         48         61         75         89         102

 

V          9m        13m      15m      18m      2y2m    3y2m    4y         5y         6y         7y

             6-         12+-     13-       15-       22-       33-       41-       51-       62-       72-

             12         14         17         20         29         43         54         68         82         96

 

IV        6m        9m        13m      15m      18m      2y2m    3y2m    4y2m    5y2m    6y2m

             3-         6-         12+-     13-       15-       22-       33-       43-       53-       63-

             9           12         14         17         20         29         43         57         70         84

 

III         2m        5m        8m        11m      14m      20m      2y2m    3y2m    4y2m    5y

             1-         3-         4-         9-         12+-     17-       22-       33-       43-       51-

             3           8           12         12         16         22         29         43         57         68

 

II                       4m        6m        8m        13m      16m      20m      2y2m    3y2m    4y2m

             0-90     2-         3-         4-         12+-     14-       17-       22-       33-       43-

             Days    6           9           12         14         18         22         29         43         57

 

I                                     3m        4m        5m        8m        13m      16m      20m      2y2m

             0-60     0-90     2-         2-         3-         4-         12+-     14-       17-       22-

             Days    Days    5           6           8           12         14        18         22         29

 

NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.

             (2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.

             (3) The following additional times shall be added to the presumptive sentence if the offender or an accomplice was armed with a deadly weapon as defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice was armed with a deadly weapon and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive range determined under subsection (2) of this section:

             (a) 24 months for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1 (RCW 9A.40.020), but if the offense was committed with a firearm, the 24-month time period may be increased up to 36 months;

             (b) 18 months for Burglary 1 (RCW 9A.52.020), but if the offense was committed with a firearm, the 18-month time period may be increased up to 30 months;

             (c) 12 months for Assault 2 (RCW 9A.36.020 or 9A.36.021), Assault of a Child 2 (RCW 9A.36.130), Escape 1 (RCW 9A.76.110), Kidnapping 2 (RCW 9A.40.030), Burglary 2 of a building other than a dwelling (RCW 9A.52.030), Theft of Livestock 1 or 2 (RCW 9A.56.080), or any drug offense, but if the offense was committed with a firearm, the 12-month time period may be increased up to 18 months.

             (4) If the offender committed an offense listed in subsection (3)(a) through (c) of this section while the offender or an accomplice was armed with a firearm, and the offender had a prior conviction for an offense committed with a firearm, then the following times may be added to the presumptive range determined under subsection (2) of this section:

             (a) For a second conviction for an offense committed while armed with a firearm, up to 60 months;

             (b) For a third or subsequent conviction for an offense committed while armed with a firearm, up to 84 months.

             (5) If an offender or an accomplice was armed with a firearm and fired upon a law enforcement officer while resisting arrest under RCW 9A.76.040, up to 60 months may be added to the presumptive sentence.

             (6) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive sentence range determined under subsection (2) of this section:

             (a) Eighteen months for offenses committed under RCW 69.50.401(a)(1)(i) or 69.50.410;

             (b) Fifteen months for offenses committed under RCW 69.50.401(a)(1)(ii), (iii), and (iv);

             (c) Twelve months for offenses committed under RCW 69.50.401(d).

             For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.

             (((5))) (7) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.


             Sec. 442. RCW 9.94A.370 and 1989 c 124 s 2 are each amended to read as follows:

             (1) The intersection of the column defined by the offender score and the row defined by the offense seriousness score determines the presumptive sentencing range (see RCW 9.94A.310, (Table 1)). The additional time for deadly weapon findings or for ((those offenses)) other circumstances enumerated in RCW 9.94A.310(((4) that were committed in a state correctional facility or county jail)) (3) through (7) shall be added to the entire presumptive sentence range. The court may impose any sentence within the range that it deems appropriate. All presumptive sentence ranges are expressed in terms of total confinement.

             (2) In determining any sentence, the trial court may rely on no more information than is admitted by the plea agreement, or admitted, acknowledged, or proved in a trial or at the time of sentencing. Acknowledgement includes not objecting to information stated in the presentence reports. Where the defendant disputes material facts, the court must either not consider the fact or grant an evidentiary hearing on the point. The facts shall be deemed proved at the hearing by a preponderance of the evidence. Facts that establish the elements of a more serious crime or additional crimes may not be used to go outside the presumptive sentence range except upon stipulation or when specifically provided for in RCW 9.94A.390(2) (c), (d), and (e).


             Sec. 443. RCW 4.24.190 and 1992 c 205 s 116 are each amended to read as follows:

             (1) The parent or parents of any minor child under the age of eighteen years who is living with the parent or parents and who shall willfully or maliciously destroy property, real or personal or mixed, or who shall willfully and maliciously inflict personal injury on another person, shall be liable to the owner of such property or to the person injured in a civil action at law for damages in an amount not to exceed ((five)) ten thousand dollars. This section shall in no way limit the amount of recovery against the parent or parents for their own common law negligence.

             (2)(a) A parent or guardian is liable for any damages arising from the illegal or unlawful use of a firearm by his or her minor child when the parent or guardian knowingly or negligently allows his or her minor child to possess a firearm with the awareness that this creates a substantial risk of harm.

             (b) A parent or guardian is presumed to have "awareness of a substantial risk of harm" if: (i) His or her minor child has been convicted of a "crime of violence" or "most serious offense" as defined in RCW 9.41.010; or (ii) the parent had previous knowledge of the child's illegal possession of a firearm.

             (3) The prevailing party shall be entitled to costs and attorneys' fees in such amount as the court shall deem reasonable.


             NEW SECTION. Sec. 444. A new section is added to chapter 4.24 RCW to read as follows:

             No person who owns, operates, is employed by, or volunteers at a program approved under RCW 77.32.155 shall be liable for any injury that occurs while the person who suffered the injury is participating in the course, unless the injury is the result of willful or intentional misconduct.


             Sec. 445. RCW 9.94A.125 and 1983 c 163 s 3 are each amended to read as follows:

             In a criminal case wherein there has been a special allegation and evidence establishing that the accused or an accomplice was armed with a deadly weapon at the time of the commission of the crime, the court shall make a finding of fact of whether or not the accused or an accomplice was armed with a deadly weapon at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it ((find[s])) finds the defendant guilty, also find a special verdict as to whether or not the defendant or an accomplice was armed with a deadly weapon at the time of the commission of the crime.

             For purposes of this section, ((a)) "deadly weapon ((is an implement or instrument which has the capacity to inflict death and from the manner in which it is used, is likely to produce or may easily and readily produce death))" shall have the same definition as "deadly weapon" under RCW 9A.04.110. ((The following instruments are included in the term deadly weapon: Blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm, any knife having a blade longer than three inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club, any explosive, and any weapon containing poisonous or injurious gas.))


             Sec. 446. RCW 13.40.110 and 1990 c 3 s 303 are each amended to read as follows:

             (1) The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question of declining jurisdiction. Unless waived by the court, the parties, and their counsel, a decline hearing shall be held where:

             (a) The respondent is fifteen, sixteen, or seventeen years of age and the information alleges a class A felony or an attempt, solicitation, or conspiracy to commit a class A felony; ((or))

             (b) The respondent is fourteen years of age or over and the information alleges a violation of RCW 43.06.010 or 43.06.200 through 43.06.270;

             (c) The respondent is seventeen years of age and the information alleges assault in the second degree, extortion in the first degree, indecent liberties, child molestation in the second degree, kidnapping in the second degree, or robbery in the second degree; or

             (d) The information alleges a crime of violence or most serious offense as defined in RCW 9.94A.030 in which a juvenile, age twelve or over, has used a deadly weapon.

             (2) The court after a decline hearing may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public. The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel.

             (3) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.


             Sec. 447. RCW 13.04.030 and 1988 c 14 s 1 are each amended to read as follows:

             The juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:

             (1) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

             (2) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170((, as now or hereafter amended));

             (3) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210((, as now or hereafter amended));

             (4) To approve or disapprove alternative residential placement as provided in RCW 13.32A.170;

             (5) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, ((as now or hereafter amended,)) unless:

             (a) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110((, as now or hereafter amended)); or

             (b) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or

             (c) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or subsection (5)(a) of this section: PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; or

             (d) The juvenile is sixteen or seventeen years old and the alleged offense is: (i) A serious violent offense as defined in RCW 9.94A.030 committed on or after the effective date of this section; or (ii) a violent offense as defined in RCW 9.94A.030 committed on or after the effective date of this section and the juvenile has a criminal history consisting of: (A) One or more prior serious violent offenses; (B) two or more prior violent offenses; or (C) three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately. In such a case the adult criminal court shall have exclusive original jurisdiction.

             If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;

             (6) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

             (7) Relating to termination of a diversion agreement under RCW 13.40.080 ((as now or hereafter amended)), including a proceeding in which the divertee has attained eighteen years of age; and

             (8) Relating to court validation of a voluntary consent to foster care placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction.


             Sec. 448. RCW 13.40.020 and 1993 c 373 s 1 are each amended to read as follows:

             For the purposes of this chapter:

             (1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:

             (a) A class A felony, or an attempt to commit a class A felony;

             (b) Manslaughter in the first degree; or

             (c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon or firearm as defined in RCW 9A.04.110;

             (2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;

             (3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. Community supervision is an individualized program comprised of one or more of the following:

             (a) Community-based sanctions;

             (b) Community-based rehabilitation;

             (c) Monitoring and reporting requirements;

             (4) Community-based sanctions may include one or more of the following:

             (a) A fine, not to exceed one hundred dollars;

             (b) Community service not to exceed one hundred fifty hours of service;

             (5) "Community-based rehabilitation" means one or more of the following: Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

             (6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

             (7) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court and may be served in a detention group home, detention foster home, or with electronic monitoring. Detention group homes and detention foster homes used for confinement shall not also be used for the placement of dependent children. Confinement in detention group homes and detention foster homes and electronic monitoring are subject to available funds;

             (8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

             (9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

             (a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

             (b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history;

             (10) "Department" means the department of social and health services;

             (11) "Detention facility" means a county facility for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order;

             (12) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person or entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person or entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter;

             (13) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

             (14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court;

             (15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

             (16) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;

             (17) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;

             (18) "Minor or first offender" means a person ((sixteen years of age or younger)) whose current offense(s) and criminal history fall entirely within one of the following categories:

             (a) Four misdemeanors;

             (b) Two misdemeanors and one gross misdemeanor;

             (c) One misdemeanor and two gross misdemeanors;

             (d) Three gross misdemeanors;

             (e) One class C felony except manslaughter in the second degree and one misdemeanor or gross misdemeanor;

             (f) One class B felony except: Any felony which constitutes an attempt to commit a class A felony; manslaughter in the first degree; assault in the second degree; extortion in the first degree; indecent liberties; kidnapping in the second degree; robbery in the second degree; burglary in the second degree; residential burglary; vehicular homicide; or arson in the second degree.

             For purposes of this definition, current violations shall be counted as misdemeanors;

             (19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

             (20) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

             (21) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

             (22) "Secretary" means the secretary of the department of social and health services;

             (23) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

             (24) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

             (25) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

             (26) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

             (27) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration.


             Sec. 449. RCW 13.40.0354 and 1989 c 407 s 6 are each amended to read as follows:

             The total current offense points for use in the standards range matrix of schedules D-1, D-2, and D-3 are computed as follows:

             (1) The disposition offense category is determined by the offense of conviction. Offenses are divided into ten levels of seriousness, ranging from low (seriousness level E) to high (seriousness level A+), see schedule A, RCW 13.40.0357.

             (2) The prior offense increase factor is summarized in schedule B, RCW 13.40.0357. The increase factor is determined for each prior offense by using the time span and the offense category in the prior offense increase factor grid. Time span is computed from the date of the prior offense to the date of the current offense. The total increase factor is determined by totalling the increase factors for each prior offense and adding a constant factor of 1.0.

             (3) The current offense points are summarized in schedule C, RCW 13.40.0357. The current offense points are determined for each current offense by locating the juvenile's age on the horizontal axis and using the offense category on the vertical axis. The juvenile's age is determined as of the time of the current offense and is rounded down to the nearest whole number.

             (4) The total current offense points are determined for each current offense by multiplying the total increase factor by the current offense points. The total current offense points are rounded down to the nearest whole number.

             (5) All current offense points calculated in schedules D-1, D-2, and D-3 shall be increased by a factor of five percent if the offense is committed by a juvenile who is in a program of parole under this chapter.


             Sec. 450. RCW 13.40.0357 and 1989 c 407 s 7 are each amended to read as follows:


SCHEDULE A

DESCRIPTION AND OFFENSE CATEGORY


                                                                                                                                                JUVENILE

             JUVENILE                                                                                                                DISPOSITION

             DISPOSITION                                                                                             CATEGORY FOR ATTEMPT,

             OFFENSE                                                                                                 BAILJUMP, CONSPIRACY,

             CATEGORY    DESCRIPTION (RCW CITATION)                               OR SOLICITATION

_______________.


                                       Arson and Malicious Mischief

             A                       Arson 1 (9A.48.020)                                                                                    B+

             B                       Arson 2 (9A.48.030)                                                                                    C

             C                       Reckless Burning 1 (9A.48.040)                                                                  D

             D                       Reckless Burning 2 (9A.48.050)                                                                  E

             B                       Malicious Mischief 1 (9A.48.070)                                                               C

             C                       Malicious Mischief 2 (9A.48.080)                                                               D

             D                       Malicious Mischief 3 (<$50 is

                                       E class) (9A.48.090)                                                                                    E

             E                       Tampering with Fire Alarm

                                       Apparatus (9.40.100)                                                                                   E

             A                       Possession of Incendiary Device

                                       (9.40.120)                                                                                                     B+


                                       Assault and Other Crimes

                                       Involving Physical Harm

             A                       Assault 1 (9A.36.011)                                                                                  B+

             B+                     Assault 2 (9A.36.021)                                                                                  C+

             C+                     Assault 3 (9A.36.031)                                                                                  D+

             D+                     Assault 4 (9A.36.041)                                                                                  E

             D+                     Reckless Endangerment

                                       (9A.36.050)                                                                                                  E

             C+                     Promoting Suicide Attempt

                                       (9A.36.060)                                                                                                  D+

             D+                     Coercion (9A.36.070)                                                                                  E

             C+                     Custodial Assault (9A.36.100)                                                                     D+


                                       Burglary and Trespass

             B+                     Burglary 1 (9A.52.020)                                                                   C+

             B                       Burglary 2 (9A.52.030)                                                                   C

             D                       Burglary Tools (Possession of)

                                       (9A.52.060)                                                                                                  E

             D                       Criminal Trespass 1 (9A.52.070)                                                                 E

             E                       Criminal Trespass 2 (9A.52.080)                                                                 E

             D                       Vehicle Prowling (9A.52.100)                                                                     E


                                       Drugs

             E                       Possession/Consumption of Alcohol

                                       (66.44.270)                                                                                                   E

             C                       Illegally Obtaining Legend Drug

                                       (69.41.020)                                                                                                   D

             C+                     Sale, Delivery, Possession of Legend

                                       Drug with Intent to Sell

                                       (69.41.030)                                                                                                   D+

             E                       Possession of Legend Drug

                                       (69.41.030)                                                                                                   E

             B+                     Violation of Uniform Controlled

                                       Substances Act - Narcotic Sale

                                       (69.50.401(a)(1)(i))                                                                                      B+

             C                       Violation of Uniform Controlled

                                       Substances Act - Nonnarcotic Sale

                                       (69.50.401(a)(1)(ii))                                                                                     C

             E                       Possession of Marihuana <40 grams

                                       (69.50.401(e))                                                                                              E

             C                       Fraudulently Obtaining Controlled

                                       Substance (69.50.403)                                                                                  C

             C+                     Sale of Controlled Substance

                                       for Profit (69.50.410)                                                                                   C+

             E                       ((Glue Sniffing (9.47A.050)))                                                                      E

                                       Unlawful Inhalation (9.47A.020)

             B                       Violation of Uniform Controlled

                                       Substances Act - Narcotic

                                       Counterfeit Substances

                                       (69.50.401(b)(1)(i))                                                                                      B

             C                       Violation of Uniform Controlled

                                       Substances Act - Nonnarcotic

                                       Counterfeit Substances

                                       (69.50.401(b)(1) (ii), (iii), (iv))                                                                    C

             C                       Violation of Uniform Controlled

                                       Substances Act - Possession of a

                                       Controlled Substance

                                       (69.50.401(d))                                                                                              C

             C                       Violation of Uniform Controlled

                                       Substances Act - Possession of a

                                       Controlled Substance

                                       (69.50.401(c))                                                                                              C


                                       Firearms and Weapons

             ((C+                  Committing Crime when Armed

                                       (9.41.025)                                                                                                     D+))

             E                       Carrying Loaded Pistol Without

                                       Permit (9.41.050)                                                                                         E

             E                       Use of Firearms by Minor (<14)

                                       (9.41.240)                                                                                                     E

             D+                     Possession of ((Dangerous)) Deadly

                                       Weapon (9.41.250)                                                                                       E

             D                       Intimidating Another Person by use

                                       of Deadly Weapon (9.41.270)                                                                      E


                                       Homicide

             A+                     Murder 1 (9A.32.030)                                                                                  A

             A+                     Murder 2 (9A.32.050)                                                                                  B+

             B+                     Manslaughter 1 (9A.32.060)                                                                        C+

             C+                     Manslaughter 2 (9A.32.070)                                                                        D+

             B+                     Vehicular Homicide (46.61.520)                                                                  C+


                                       Kidnapping

             A                       Kidnap 1 (9A.40.020)                                                                                  B+

             B+                     Kidnap 2 (9A.40.030)                                                                                  C+

             C+                     Unlawful Imprisonment

                                       (9A.40.040)                                                                                                  D+

             ((D                    Custodial Interference

                                       (9A.40.050)                                                                                                  E))


                                       Obstructing Governmental Operation

             E                       Obstructing a Public Servant

                                       (9A.76.020)                                                                                                  E

             E                       Resisting Arrest (9A.76.040)                                                                       E

             B                       Introducing Contraband 1

                                       (9A.76.140)                                                                                                  C

             C                       Introducing Contraband 2

                                       (9A.76.150)                                                                                                  D

             E                       Introducing Contraband 3

                                       (9A.76.160)                                                                                                  E

             B+                     Intimidating a Public Servant

                                       (9A.76.180)                                                                                                  C+

             B+                     Intimidating a Witness

                                       (9A.72.110)                                                                                                  C+

             ((E                     Criminal Contempt

                                       (9.23.010)                                                                                                     E))


                                       Public Disturbance

             C+                     Riot with Weapon (9A.84.010)                                                                    D+

             D+                     Riot Without Weapon

                                       (9A.84.010)                                                                                                  E

             E                       Failure to Disperse (9A.84.020)                                                      E

             E                       Disorderly Conduct (9A.84.030)                                                                 E


                                       Sex Crimes

             A                       Rape 1 (9A.44.040)                                                                                      B+

             A-                     Rape 2 (9A.44.050)                                                                                      B+

             C+                     Rape 3 (9A.44.060)                                                                                      D+

             A-                     Rape of a Child 1 (9A.44.073)                                                                     B+

             B                       Rape of a Child 2 (9A.44.076)                                                                     C+

             B                       Incest 1 (9A.64.020(1))                                                                   C

             C                       Incest 2 (9A.64.020(2))                                                                   D

             D+                     ((Public Indecency)) Indecent Exposure

                                       (Victim <14) (9A.88.010)                                                                            E

             E                       ((Public Indecency)) Indecent Exposure

                                       (Victim 14 or over) (9A.88.010)                                                                  E

             B+                     Promoting Prostitution 1

                                       (9A.88.070)                                                                                                  C+

             C+                     Promoting Prostitution 2

                                       (9A.88.080)                                                                                                  D+

             E                       O & A (Prostitution) (9A.88.030)                                                                E

             B+                     Indecent Liberties (9A.44.100)                                                                    C+

             B+                     Child Molestation 1 (9A.44.083)                                                                 C+

             C+                     Child Molestation 2 (9A.44.086)                                                                 C


                                       Theft, Robbery, Extortion, and Forgery

             B                       Theft 1 (9A.56.030)                                                                                     C

             C                       Theft 2 (9A.56.040)                                                                                     D

             D                       Theft 3 (9A.56.050)                                                                                     E

             B                       Theft of Livestock (9A.56.080)                                                      C

             C                       Forgery (((9A.56.020))) (9A.60.020)                                                           D

             A                       Robbery 1 (9A.56.200)                                                                   B+

             B+                     Robbery 2 (9A.56.210)                                                                   C+

             B+                     Extortion 1 (9A.56.120)                                                                               C+

             C+                     Extortion 2 (9A.56.130)                                                                               D+

             B                       Possession of Stolen Property 1

                                       (9A.56.150)                                                                                                  C

             C                       Possession of Stolen Property 2

                                       (9A.56.160)                                                                                                  D

             D                       Possession of Stolen Property 3

                                       (9A.56.170)                                                                                                  E

             C                       Taking Motor Vehicle Without

                                       Owner's Permission (9A.56.070)                                                                 D


                                       Motor Vehicle Related Crimes

             E                       Driving Without a License

                                       (46.20.021)                                                                                                   E

             C                       Hit and Run - Injury

                                       (46.52.020(4))                                                                                              D

             D                       Hit and Run-Attended

                                       (46.52.020(5))                                                                                              E

             E                       Hit and Run-Unattended

                                       (46.52.010)                                                                                                   E

             C                       Vehicular Assault (46.61.522)                                                                     D

             C                       Attempting to Elude Pursuing

                                       Police Vehicle (46.61.024)                                                                           D

             E                       Reckless Driving (46.61.500)                                                                      E

             D                       Driving While Under the Influence

                                       (46.61.515)                                                                                                   E

             ((B+                  Negligent Homicide by Motor

                                       Vehicle (46.61.520)                                                                                     C+))

             D                       Vehicle Prowling (9A.52.100)                                                                     E

             C                       Taking Motor Vehicle Without

                                       Owner's Permission (9A.56.070)                                                                 D


                                       Other

             B                       Bomb Threat (9.61.160)                                                                               C

             C                       Escape 11 (9A.76.110)                                                                                 C

             C                       Escape 21 (9A.76.120)                                                                                 C

             D                       Escape 3 (9A.76.130)                                                                                   E

             C                       Failure to Appear in Court

                                       (10.19.130)                                                                                                   D

             ((E                     Tampering with Fire Alarm

                                       Apparatus (9.40.100)                                                                                   E))

             E                       Obscene, Harassing, Etc.,

                                       Phone Calls (9.61.230)                                                                                 E

             A                       Other Offense Equivalent to an

                                       Adult Class A Felony                                                                                   B+

             B                       Other Offense Equivalent to an

                                       Adult Class B Felony                                                                                   C

             C                       Other Offense Equivalent to an

                                       Adult Class C Felony                                                                                   D

             D                       Other Offense Equivalent to an

                                       Adult Gross Misdemeanor                                                                           E

             E                       Other Offense Equivalent to an

                                       Adult Misdemeanor                                                                                     E

             V                       Violation of Order of Restitution,

                                       Community Supervision, or

                                       Confinement (13.40.200)2                                                                           V


1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:


             1st escape or attempted escape during 12-month period - 4 weeks confinement

             2nd escape or attempted escape during 12-month period - 8 weeks confinement

             3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement


2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.


SCHEDULE B

PRIOR OFFENSE INCREASE FACTOR


             For use with all CURRENT OFFENSES occurring on or after July 1, 1989.


TIME SPAN


             OFFENSE                                                0-12                               13-24                              25 Months

             CATEGORY                                           Months                           Months                           or More

_______________....

             A+                                                            .9                       .9                                                 .9

             A                                                              .9                       .8                                                 .6

             A-                                                             .9                       .8                                                 .5

             B+                                                            .9                       .7                                                 .4

             B                                                              .9                       .6                                                 .3

             C+                                                            .6                       .3                                                 .2

             C                                                              .5                       .2                                                 .2

             D+                                                            .3                       .2                                                 .1

             D                                                              .2                       .1                                                 .1

             E                                                               .1                       .1                                                 .1


Prior history - Any offense in which a diversion agreement or counsel and release form was signed, or any offense which has been adjudicated by court to be correct prior to the commission of the current offense(s).



SCHEDULE C

CURRENT OFFENSE POINTS


             For use with all CURRENT OFFENSES occurring on or after July 1, 1989.


AGE


OFFENSE                      12 &

CATEGORY                 Under                13                      14                      15                      16                      17

______________...........

             A+                                  STANDARD RANGE 180-224 WEEKS

             A                       250                    300                    350                    375                    375                    375

             A-                     150                    150                    150                    200                    200                    200

             B+                     110                    110                    120                    130                    140                    150

             B                       45                      45                      50                      50                      57                      57

             C+                     44                      44                      49                      49                      55                      55

             C                       40                      40                      45                      45                      50                      50

             D+                     16                      18                      20                      22                      24                      26

             D                       14                      6                        18                      20                      22                      24

             E                       4                        4                        4                        6                        8                        10


JUVENILE SENTENCING STANDARDS

SCHEDULE D-1


This schedule may only be used for minor/first offenders. After the determination is made that a youth is a minor/first offender, the court has the discretion to select sentencing option A, B, or C.


MINOR/FIRST OFFENDER

OPTION A

STANDARD RANGE


                                                                                                        Community

                                       Community                                              Service

Points                             Supervision                                              Hours                                          Fine


1-9                                 0-3 months                                               and/or 0-8                                   and/or 0-$10

10-19                              0-3 months                                               and/or 0-8                                   and/or 0-$10

20-29                              0-3 months                                               and/or 0-16                                 and/or 0-$10

30-39                              0-3 months                                               and/or 8-24                                 and/or 0-$25

40-49                              3-6 months                                               and/or 16-32                               and/or 0-$25

50-59                              3-6 months                                               and/or 24-40                               and/or 0-$25

60-69                              6-9 months                                               and/or 32-48                               and/or 0-$50

70-79                              6-9 months                                               and/or 40-56                               and/or 0-$50

80-89                              9-12 months                                             and/or 48-64                               and/or 10-$100

90-109                            9-12 months                                             and/or 56-72                               and/or 10-$100


OR


OPTION B

STATUTORY OPTION


0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine


A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.


OR


OPTION C

MANIFEST INJUSTICE


When a term of community supervision would effectuate a manifest injustice, another disposition may be imposed. When a judge imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.



JUVENILE SENTENCING STANDARDS

SCHEDULE D-2


This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.


MIDDLE OFFENDER


OPTION A

STANDARD RANGE


                                                                                           Community

                                       Community                    Service                                                                       Confinement

Points                             Supervision                    Hours                                        Fine                           Days Weeks

_______________..

1-9                                 0-3 months                     and/or 0-8                                  and/or 0-$10                    and/or 0

10-19                              0-3 months                     and/or 0-8       and/or 0-$10                                              and/or 0

20-29                              0-3 months                     and/or 0-16     and/or 0-$10                                              and/or 0

30-39                              0-3 months                     and/or 8-24     and/or 0-$25                                           and/or 2-4

40-49                              3-6 months                     and/or 16-32   and/or 0-$25                                           and/or 2-4

50-59                              3-6 months                     and/or 24-40   and/or 0-$25                                         and/or 5-10

60-69                              6-9 months                     and/or 32-48   and/or 0-$50                                         and/or 5-10

70-79                              6-9 months                     and/or 40-56   and/or 0-$50                                       and/or 10-20

80-89                              9-12 months                   and/or 48-64   and/or 0-$100                                     and/or 10-20

90-109                            9-12 months                   and/or 56-72   and/or 0-$100                                     and/or 15-30

110-129                                                                                                                                                                  8-12

130-149                                                                                                                                                                13-16

150-199                                                                                                                                                                21-28

200-249                                                                                                                                                                30-40

250-299                                                                                                                                                                52-65

300-374                                                                                                                                                              80-100

375+                                                                                                                                                                 103-129


Middle offenders with more than 110 points do not have to be committed. They may be assigned community supervision under option B.

All A+ offenses 180-224 weeks


OR


OPTION B

STATUTORY OPTION


0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine


The court may impose a determinate disposition of community supervision and/or up to 30 days confinement; in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150((, as now or hereafter amended)).


OR


OPTION C

MANIFEST INJUSTICE


If the court determines that a disposition under A or B would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.


JUVENILE SENTENCING STANDARDS

SCHEDULE D-3


This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.


SERIOUS OFFENDER

OPTION A

STANDARD RANGE


                          Points                                                                                              Institution Time


                          0-129                                                                                               8-12 weeks

                          130-149                                                                                           13-16 weeks

                          150-199                                                                                           21-28 weeks

                          200-249                                                                                           30-40 weeks

                          250-299                                                                                           52-65 weeks

                          300-374                                                                                           80-100 weeks

                          375+                                                                                                103-129 weeks

                          All A+

                          Offenses                                                                                          180-224 weeks


OR


OPTION B

MANIFEST INJUSTICE


A disposition outside the standard range shall be determined and shall be comprised of confinement or community supervision or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.


             Sec. 451. RCW 13.40.080 and 1992 c 205 s 108 are each amended to read as follows:

             (1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. The juvenile's custodial parent or parents or guardian shall be parties to the diversion agreement. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.

             (2) A diversion agreement shall be limited to:

             (a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

             (b) Restitution limited to the amount of actual loss incurred by the victim, and to an amount the juvenile has the means or potential means to pay;

             (c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency: PROVIDED, That the state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions; and

             (d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed.

             (3) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.

             (4) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee. Any restitution assessed during its term may not exceed an amount which the juvenile could be reasonably expected to pay during this period. If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.

             (5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

             (6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

             (a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;

             (b) Violation of the terms of the agreement shall be the only grounds for termination;

             (c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

             (i) Written notice of alleged violations of the conditions of the diversion program; and

             (ii) Disclosure of all evidence to be offered against the divertee;

             (d) The hearing shall be conducted by the juvenile court and shall include:

             (i) Opportunity to be heard in person and to present evidence;

             (ii) The right to confront and cross-examine all adverse witnesses;

             (iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

             (iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.

             (e) The prosecutor may file an information on the offense for which the divertee was diverted:

             (i) In juvenile court if the divertee is under eighteen years of age; or

             (ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.

             (7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

             (8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

             (9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

             (10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

             The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((as now or hereafter amended)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.

             (11) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:

             (a) The fact that a charge or charges were made;

             (b) The fact that a diversion agreement was entered into;

             (c) The juvenile's obligations under such agreement;

             (d) Whether the alleged offender performed his or her obligations under such agreement; and

             (e) The facts of the alleged offense.

             (12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

             (13) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((as now or hereafter amended)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.

             (14) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.

             (15) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

             (16) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.


             Sec. 452. RCW 13.40.160 and 1992 c 45 s 6 are each amended to read as follows:

             (1) When the respondent is found to be a serious offender, the court shall commit the offender to the department for the standard range of disposition for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section.

             If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option B of schedule D-3, RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

             A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230 ((as now or hereafter amended)).

             (2) Where the respondent is found to be a minor or first offender, the court shall order that the respondent serve a term of community supervision as indicated in option A or option B of schedule D-1, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section. If the court determines that a disposition of community supervision would effectuate a manifest injustice the court may impose another disposition under option C of schedule D-1, RCW 13.40.0357. Except as provided in subsection (5) of this section, a disposition other than a community supervision may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of community supervision would effectuate a manifest injustice. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

             Except for disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section, a disposition may be appealed as provided in RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section may not be appealed under RCW 13.40.230 ((as now or hereafter amended)).

             (3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2) ((as now or hereafter amended)).

             (4) If a respondent is found to be a middle offender:

             (a) The court shall impose a determinate disposition within the standard range(s) for such offense, as indicated in option A of schedule D-2, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section: PROVIDED, That if the standard range includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement; or

             (b) The court shall impose a disposition under (a) of this subsection, which shall be suspended, and shall impose a determinate disposition of community supervision and/or up to thirty days confinement, as indicated in option B of schedule D-2, RCW 13.40.0357 in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150 ((as now or hereafter amended)). If the offender violates any condition of the disposition, the court may revoke the suspension and order execution of the sentence. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

             (c) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in subsection (4)(a) or (b) of this section would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

             (d) A disposition pursuant to subsection (4)(c) of this section is appealable under RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition pursuant to subsection (4) (a) or (b) of this section is not appealable under RCW 13.40.230 ((as now or hereafter amended)).

             (5) When a serious, middle, or minor first offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.

             The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

             The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

             (a)(i) Frequency and type of contact between the offender and therapist;

             (ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;

             (iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

             (iv) Anticipated length of treatment; and

             (v) Recommended crime-related prohibitions.

             The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

             After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, or if the court concludes, and enters reasons for its conclusion, that such disposition would effectuate a manifest injustice, the court shall impose a disposition pursuant to option C of schedule D-1, option C of schedule D-2, or option B of schedule D-3 as appropriate, and the court may suspend the execution of the disposition and place the offender on community supervision for up to two years. As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:

             (b)(i) Devote time to a specific education, employment, or occupation;

             (ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;

             (iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;

             (iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;

             (v) Report as directed to the court and a probation counselor;

             (vi) Pay all court-ordered legal financial obligations, perform community service, or any combination thereof; or

             (vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense.

             The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

             At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

             Except as provided in this subsection (5), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (5) and the rules adopted by the department of health.

             If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the sentence. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

             For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

             (6)(a) The minimum sentence for any juvenile age sixteen or seventeen who illegally possesses a pistol is ten confinement days. The court may extend community supervision up to twelve months for such offense.

             (b) The following additional times shall be added to the term of confinement for any juvenile found to have been armed with a firearm during the commission of a felony:

             (i) Twenty-six weeks for A-, A, and A+ category offenses;

             (ii) Sixteen weeks for B and B+ category offenses; and

             (iii) Twelve weeks for C and C+ category offenses.

             (7) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

             (((7))) (8) Except as provided for in subsection (5) of this section, the court shall not suspend or defer the imposition or the execution of the disposition.

             (((8))) (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.


             Sec. 453. RCW 13.40.210 and 1990 c 3 s 304 are each amended to read as follows:

             (1) The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, ((as now or hereafter amended,)) set a release or discharge date for each juvenile committed to its custody which shall be within the prescribed range to which a juvenile has been committed. ((Such)) The dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed. The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter((: PROVIDED, That)). However, days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.

             (2) The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the end of each calendar year if any ((such)) early releases have occurred during that year as a result of excessive in-residence population. In no event shall a serious offender, as defined in RCW 13.40.020(1) be granted release under the provisions of this subsection.

             (3) Following the juvenile's release ((pursuant to)) under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months. A parole program is mandatory for offenders released under subsection (2) of this section. The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon and refrain from committing new offenses and may require the juvenile to: (a) Undergo available medical or psychiatric treatment; (b) report as directed to a parole officer; (c) pursue a course of study or vocational training; and (d) remain within prescribed geographical boundaries and notify the department of any change in his or her address((; and (e) refrain from committing new offenses)). After termination of the parole period, the juvenile shall be discharged from the department's supervision.

             (4)(a) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (((a))) (i) Continued supervision under the same conditions previously imposed; (((b))) (ii) intensified supervision with increased reporting requirements; (((c))) (iii) additional conditions of supervision authorized by this chapter; (((d))) (iv) except as provided in (((e))) (a)(v) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; and (((e))) (v) the secretary may order any of the conditions or may return the offender to confinement in an institution for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030.

             (b) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days. Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.

             (5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest ((such)) the person.

             (6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.


             Sec. 454. RCW 13.40.190 and 1987 c 281 s 5 are each amended to read as follows:

             (1) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. In addition, restitution may be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which, pursuant to a plea agreement, are not prosecuted. The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter. The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years if the court determines that the respondent does not have the means to make full restitution over a shorter period. Restitution may include the costs of counseling reasonably related to the offense. If the respondent participated in the crime with another person or other persons, all such participants shall be jointly and severally responsible for the payment of restitution. For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday. The court may not require the respondent to pay full or partial restitution if the respondent reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay such restitution over a ten-year period. In cases where an offender has been committed to the department for a period of confinement exceeding fifteen weeks, restitution may be waived.

             (2) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments.

             (3) A respondent under obligation to pay restitution may petition the court for modification of the restitution order.


             Sec. 455. RCW 13.40.300 and 1986 c 288 s 6 are each amended to read as follows:

             (1) In no case may a juvenile offender be committed by the juvenile court to the department of social and health services for placement in a juvenile correctional institution beyond the juvenile offender's twenty-first birthday. A juvenile may be under the jurisdiction of the juvenile court or the authority of the department of social and health services beyond the juvenile's eighteenth birthday only if prior to the juvenile's eighteenth birthday:

             (a) Proceedings are pending seeking the adjudication of a juvenile offense and the court by written order setting forth its reasons extends jurisdiction of juvenile court over the juvenile beyond his or her eighteenth birthday;

             (b) The juvenile has been found guilty after a fact finding or after a plea of guilty and an automatic extension is necessary to allow for the imposition of disposition; or

             (c) Disposition has been held and an automatic extension is necessary to allow for the execution and enforcement of the court's order of disposition. If an order of disposition imposes commitment to the department, then jurisdiction is automatically extended to include a period of up to twelve months of parole, in no case extending beyond the offender's twenty-first birthday.

             (2) If the juvenile court previously has extended jurisdiction beyond the juvenile offender's eighteenth birthday and that period of extension has not expired, the court may further extend jurisdiction by written order setting forth its reasons.

             (3) In no event may the juvenile court have authority to extend jurisdiction over any juvenile offender beyond the juvenile offender's twenty-first birthday except for the purpose of enforcing an order of restitution.

             (4) Notwithstanding any extension of jurisdiction over a person pursuant to this section, the juvenile court has no jurisdiction over any offenses alleged to have been committed by a person eighteen years of age or older.


             Sec. 456. RCW 26.28.080 and 1987 c 250 s 2 and 1987 c 204 s 1 are each reenacted and amended to read as follows:

             Every person who((:

             (1) Shall admit to or allow to remain in any concert saloon, or in any place owned, kept, or managed by him or her where intoxicating liquors are sold, given away or disposed of--except a restaurant or dining room, any person under the age of eighteen years; or,

             (2) Shall admit to, or allow to remain in any public pool or billiard hall, or in any place of entertainment injurious to health or morals, owned, kept or managed by him or her, any person under the age of eighteen years; or,

             (3) Shall suffer or permit any such person to play any game of skill or chance, in any such place, or in any place adjacent thereto, or to be or remain therein, or admit or allow to remain in any reputed house of prostitution or assignation, or in any place where opium or any preparation thereof, is smoked, or where any narcotic drug is used, any persons under the age of eighteen years; or,

             (4) Shall)) sells or gives, or permits to be sold or given to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form((; or

             (5) Shall sell, or give, or permit to be sold or given to any person under the age of eighteen years, any revolver or pistol;

             Shall be)) is guilty of a gross misdemeanor.

             It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.


             NEW SECTION. Sec. 457. A new section is added to chapter 9.94A RCW to read as follows:

             The department shall adopt rules and procedures to administer this section. In addition, the department is authorized to determine whether any person subject to the confines of a correctional facility would substantially benefit from successful participation in: (1) Literacy training, (2) employment skills training, or (3) educational efforts to identify and control sources of anger and, upon a determination that the person would, may require such successful participation as a condition for eligibility to obtain early release from the confines of a correctional facility.


             Sec. 458. RCW 82.04.250 and 1993 sp.s. c 25 s 103 are each amended to read as follows:

             (1) Upon every person except persons taxable under RCW 82.04.260(8) or subsection (2) of this section engaging within this state in the business of making sales at retail, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the business, multiplied by the rate of 0.471 percent.

             (2) Upon every person engaging within this state in the business of making sales at retail that are exempt from the tax imposed under chapter 82.08 RCW by reason of RCW 82.08.0261, 82.08.0262, or 82.08.0263, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the business, multiplied by the rate of 0.484 percent.

             (3) In addition to the tax imposed under subsection (1) of this section, upon every person engaging within this state in the business of making sales at retail of ammunition or firearms, as defined in RCW 9.41.010, as to such persons, an additional tax is imposed with respect to such business equal to the gross proceeds of sales of ammunition and firearms, as defined in RCW 9.41.010, multiplied by the rate of 0.5 percent. Proceeds of the tax imposed under this subsection shall be deposited into the violence reduction and drug enforcement account under RCW 69.50.520.


             NEW SECTION. Sec. 459. A new section is added to chapter 9.41 RCW to read as follows:

             (1) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a deadly weapon in a crime of violence or previously committed any offense which makes him or her ineligible to possess a pistol under the provisions of RCW 9.41.040:

             (a) Require the party to surrender any deadly weapon;

             (b) Require the party to surrender any concealed pistol license issued under RCW 9.41.070;

             (c) Prohibit the party from obtaining or possessing a deadly weapon;

             (d) Prohibit the party from obtaining or possessing a concealed pistol license.

             (2) The court may order temporary surrender of a deadly weapon without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.

             (3) In addition to the provisions of subsections (1) and (2) of this section, the court may enter an order requiring a party to comply with the provisions in subsection (1) of this section if it finds that the possession of a firearm by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.

             (4) The requirements of subsections (1) and (3) of this section may be for a period of time less than the duration of the order.

             (5) The court may require the party to surrender any deadly weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court.


             Sec. 460. RCW 9A.46.050 and 1985 c 288 s 5 are each amended to read as follows:

             A defendant who is charged by citation, complaint, or information with an offense involving harassment and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information. At that appearance, the court shall determine the necessity of imposing a no-contact or no-harassment order, and consider the provisions of section 459 of this act, or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment.


             Sec. 461. RCW 10.14.080 and 1992 c 143 s 11 are each amended to read as follows:

             (1) Upon filing a petition for a civil antiharassment protection order under this chapter, the petitioner may obtain an ex parte temporary antiharassment protection order. An ex parte temporary antiharassment protection order may be granted with or without notice upon the filing of an affidavit which, to the satisfaction of the court, shows reasonable proof of unlawful harassment of the petitioner by the respondent and that great or irreparable harm will result to the petitioner if the temporary antiharassment protection order is not granted.

             (2) An ex parte temporary antiharassment protection order shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 10.14.085. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication is permitted. Except as provided in RCW 10.14.070 and 10.14.085, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.

             (3) At the hearing, if the court finds by a preponderance of the evidence that unlawful harassment exists, a civil antiharassment protection order shall issue prohibiting such unlawful harassment.

             (4) An order issued under this chapter shall be effective for not more than one year unless the court finds that the respondent is likely to resume unlawful harassment of the petitioner when the order expires. If so, the court may enter an order for a fixed time exceeding one year or may enter a permanent antiharassment protection order. The court shall not enter an order that is effective for more than one year if the order restrains the respondent from contacting the respondent's minor children. If the petitioner seeks relief for a period longer than one year on behalf of the respondent's minor children, the court shall advise the petitioner that the petitioner may apply for renewal of the order as provided in this chapter or if appropriate may seek relief pursuant to chapter 26.09 or 26.10 RCW.

             (5) At any time within the three months before the expiration of the order, the petitioner may apply for a renewal of the order by filing a petition for renewal. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal, the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 10.14.085, personal service shall be made upon the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided by RCW 10.14.085. If the court permits service by publication, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in this section. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume harassment of the petitioner when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in subsection (4) of this section.

             (6) The court, in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall have broad discretion to grant such relief as the court deems proper, including an order:

             (a) Restraining the respondent from making any attempts to contact the petitioner;

             (b) Restraining the respondent from making any attempts to keep the petitioner under surveillance; ((and))

             (c) Requiring the respondent to stay a stated distance from the petitioner's residence and workplace; and

             (d) Considering the provisions of section 459 of this act.

             (7) A petitioner may not obtain an ex parte temporary antiharassment protection order against a respondent if the petitioner has previously obtained two such ex parte orders against the same respondent but has failed to obtain the issuance of a civil antiharassment protection order unless good cause for such failure can be shown.

             (8) The court order shall specify the date an order issued pursuant to subsections (4) and (5) of this section expires if any. The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section.


             Sec. 462. RCW 10.99.040 and 1992 c 86 s 2 are each amended to read as follows:

             (1) Because of the serious nature of domestic violence, the court in domestic violence actions:

             (a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;

             (b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

             (c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and

             (d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.

             (2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim. In issuing the order, the court shall consider the provisions of section 459 of this act. The no-contact order shall also be issued in writing as soon as possible. ((If the court has probable cause to believe that the person charged or arrested is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of violence, the court may also require that person to surrender any deadly weapon in that person's immediate possession or control, or subject to that person's immediate possession or control, to the sheriff of the county or chief of police of the municipality in which that person resides or to the defendant's counsel for safekeeping.))

             (3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.

             (4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is a misdemeanor. Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

             (b) Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony punishable under chapter 9A.20 RCW.

             (c) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault or reckless endangerment that is a violation of this order is a felony. A certified copy of the order shall be provided to the victim. If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer information system in this state which is used by law enforcement agencies to list outstanding warrants.

             (5) Whenever an order prohibiting contact is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year or until the expiration date specified on the order into any computer information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.


             Sec. 463. RCW 10.99.045 and 1984 c 263 s 23 are each amended to read as follows:

             (1) A defendant arrested for an offense involving domestic violence as defined by RCW 10.99.020(2) shall be required to appear in person before a magistrate within one judicial day after the arrest.

             (2) A defendant who is charged by citation, complaint, or information with an offense involving domestic violence as defined by RCW 10.99.020(2) and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.

             (3) At the time of the appearances provided in subsection (1) or (2) of this section, the court shall determine the necessity of imposing a no contact order or other conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment. ((If the court has probable cause to believe that the defendant is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of violence, as one of the conditions of pretrial release, the court may require the defendant to surrender any deadly weapon in the defendant's immediate possession or control, or subject to the defendant's immediate possession or control, to the sheriff of the county or chief of police of the municipality in which the defendant resides or to the defendant's counsel for safekeeping. The decision of the judge and findings of fact in support thereof shall be in writing.)) The court may include in the order any conditions authorized under section 459 of this act.

             (4) Appearances required pursuant to this section are mandatory and cannot be waived.

             (5) The no-contact order shall be issued and entered with the appropriate law enforcement agency pursuant to the procedures outlined in RCW 10.99.040 (2) and (4).


             Sec. 464. RCW 26.09.050 and 1989 c 375 s 29 are each amended to read as follows:

             In entering a decree of dissolution of marriage, legal separation, or declaration of invalidity, the court shall determine the marital status of the parties, make provision for a parenting plan for any minor child of the marriage, make provision for the support of any child of the marriage entitled to support, consider or approve provision for the maintenance of either spouse, make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, make provision for any necessary continuing restraining orders including the provisions contained in section 459 of this act, and make provision for the change of name of any party.


             Sec. 465. RCW 26.09.060 and 1992 c 229 s 9 are each amended to read as follows:

             (1) In a proceeding for:

             (a) Dissolution of marriage, legal separation, or a declaration of invalidity; or

             (b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

             (2) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

             (a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him or her to notify the moving party of any proposed extraordinary expenditures made after the order is issued;

             (b) Molesting or disturbing the peace of the other party or of any child ((and, upon a showing by clear and convincing evidence that the party so restrained or enjoined has used or displayed or threatened to use a deadly weapon as defined in RCW 9A.04.110 in an act of violence or has previously committed acts of domestic violence and is likely to use or display or threaten to use a deadly weapon in an act of domestic violence, requiring the party to surrender any deadly weapon in his immediate possession or control or subject to his immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court. The court may order temporary surrender of deadly weapons without notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for response has elapsed));

             (c) Entering the family home or the home of the other party upon a showing of the necessity therefor;

             (d) Removing a child from the jurisdiction of the court.

             (3) In issuing the order, the court shall consider the provisions of section 459 of this act.

             (4) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

             (((4))) (5) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances. The court may in its discretion waive the filing of the bond or the posting of security.

             (((5))) (6) Restraining orders issued under this section restraining the person from molesting or disturbing another party or from entering a party's home shall bear the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

             (((6))) (7) The court may order that any temporary restraining order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

             (((7))) (8) A temporary order, temporary restraining order, or preliminary injunction:

             (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

             (b) May be revoked or modified;

             (c) Terminates when the final decree is entered, except as provided under subsection (((8))) (9) of this section, or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;

             (d) May be entered in a proceeding for the modification of an existing decree.

             (((8))) (9) Delinquent support payments accrued under an order for temporary support remain collectible and are not extinguished when a final decree is entered unless the decree contains specific language to the contrary. A support debt under a temporary order owed to the state for public assistance expenditures shall not be extinguished by the final decree if:

             (a) The obligor was given notice of the state's interest under chapter 74.20A RCW; or

             (b) The temporary order directs the obligor to make support payments to the office of support enforcement or the Washington state support registry.


             Sec. 466. RCW 26.10.040 and 1989 c 375 s 31 are each amended to read as follows:

             In entering an order under this chapter, the court shall consider, approve, or make provision for:

             (1) Child custody, visitation, and the support of any child entitled to support;

             (2) The allocation of the children as a federal tax exemption; and

             (3) Any necessary continuing restraining orders, including the provisions contained in section 459 of this act.


             Sec. 467. RCW 26.10.115 and 1989 c 375 s 32 are each amended to read as follows:

             (1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested.

             (2) In a proceeding under this chapter either party may file a motion for a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

             (a) Molesting or disturbing the peace of the other party or of any child ((and, upon a showing by clear and convincing evidence that the party so restrained or enjoined has used or displayed or threatened to use a deadly weapon as defined in RCW 9A.04.110 in an act of violence or has previously committed acts of domestic violence and is likely to use or display or threaten to use a deadly weapon in an act of domestic violence, requiring the party to surrender any deadly weapon in his immediate possession or control or subject to his immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court. The court may order temporary surrender of deadly weapons without notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for response has elapsed));

             (b) Entering the family home or the home of the other party upon a showing of the necessity therefor;

             (c) Removing a child from the jurisdiction of the court.

             (3) In issuing the order, the court shall consider the provisions of section 459 of this act.

             (4) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

             (((4))) (5) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances.

             (((5))) (6) Restraining orders issued under this section restraining the person from molesting or disturbing another party or from entering a party's home shall bear the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.10 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

             (((6))) (7) The court may order that any temporary restraining order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

             (((7))) (8) A temporary order, temporary restraining order, or preliminary injunction:

             (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

             (b) May be revoked or modified;

             (c) Terminates when the final order is entered or when the motion is dismissed;

             (d) May be entered in a proceeding for the modification of an existing order.

             (((8))) (9) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.


             Sec. 468. RCW 26.26.130 and 1989 c 375 s 23 and 1989 c 360 s 18 are each reenacted and amended to read as follows:

             (1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.

             (2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.

             (3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. The judgment and order may include a continuing restraining order or injunction. In issuing the order, the court shall consider the provisions of section 459 of this act.

             (4) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just. The court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.

             (5) After considering all relevant factors, the court shall order either or both parents to pay an amount determined pursuant to the schedule and standards ((adopted under RCW 26.19.040)) contained in chapter 26.19 RCW.

             (6) On the same basis as provided in chapter 26.09 RCW, the court shall make residential provisions with regard to minor children of the parties, except that a parenting plan shall not be required unless requested by a party.

             (7) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.


             Sec. 469. RCW 26.26.137 and 1983 1st ex.s. c 41 s 12 are each amended to read as follows:

             (1) If the court has made a finding as to the paternity of a child, or if a party's acknowledgment of paternity has been filed with the court, or a party alleges he is the father of the child, any party may move for temporary support for the child prior to the date of entry of the final order. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

             (2) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from:

             (a) Molesting or disturbing the peace of another party;

             (b) Entering the home of another party; or

             (c) Removing a child from the jurisdiction of the court.

             (3) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

             (4) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. In issuing the order, the court shall consider the provisions of section 459 of this act.

             (5) A temporary order, temporary restraining order, or preliminary injunction:

             (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

             (b) May be revoked or modified;

             (c) Terminates when the final order is entered or when the petition is dismissed; and

             (d) May be entered in a proceeding for the modification of an existing order.

             (6) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.


             Sec. 470. RCW 26.50.060 and 1992 c 143 s 2, 1992 c 111 s 4, and 1992 c 86 s 4 are each reenacted and amended to read as follows:

             (1) Upon notice and after hearing, the court may provide relief as follows:

             (a) Restrain the respondent from committing acts of domestic violence;

             (b) Exclude the respondent from the dwelling which the parties share or from the residence of the petitioner;

             (c) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;

             (d) Order the respondent to participate in batterers' treatment;

             (e) Order other relief as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;

             (f) Require the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee. If the petitioner has been granted leave to proceed in forma pauperis, the court may require the respondent to pay the filing fee and costs, including services fees, to the county or municipality incurring the expense;

             (g) Restrain the respondent from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; ((and))

             (h) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring; and

             (i) Consider the provisions of section 459 of this act.

             (2) Any relief granted by the order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year if the restraining order restrains the respondent from contacting the respondent's minor children. If the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children that are not also the respondent's minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, the court may either (a) grant relief for a fixed period not to exceed one year; (b) grant relief for a fixed period in excess of one year; or (c) enter a permanent order of protection.

             If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09 RCW.

             (3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085. If the court permits service by publication, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys' fees as provided in subsection (1)(f) of this section.

             (4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030.

             (5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050.

             (6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section.


             Sec. 471. RCW 26.50.070 and 1992 c 143 s 3 are each amended to read as follows:

             (1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:

             (a) Restraining any party from committing acts of domestic violence;

             (b) Excluding any party from the dwelling shared or from the residence of the other until further order of the court;

             (c) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court; ((and))

             (d) Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; and

             (e) Considering the provisions of section 459 of this act.

             (2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.

             (3) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.

             (4) An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 26.50.085. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication is permitted. Except as provided in RCW 26.50.050 and 26.50.085, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.


             Sec. 472. RCW 77.12.720 and 1990 c 195 s 2 are each amended to read as follows:

             The firearms range account is hereby created in the state general fund. ((Any funds remaining in the firearm range account established by RCW 77.12.195, at the time of its repeal by section 7, chapter 195, Laws of 1990, shall be transferred to the firearms range account established in this section.)) Moneys in the account shall be subject to legislative appropriation and shall be used for purchase and development of land, construction or improvement of range facilities, including fixed structure construction or remodeling, equipment purchase, safety or environmental improvements, noise abatement, and liability protection for public and nonprofit firearm range training and practice facilities.

             Grant funds shall not be used for expendable shooting supplies, or normal operating expenses. Grant funds shall not supplant funds for other organization programs.

             The funds will be available to nonprofit shooting organizations, school districts, and state, county, or local governments on a match basis. All ((ranges)) entities receiving matching funds must be open on a regular basis and usable by law enforcement personnel or the general public who possess Washington concealed ((carry permits)) pistol licenses or Washington hunting licenses or who are enrolled in a firearm safety class.

             Applicants for a grant from the firearms range account shall provide matching funds in either cash or in-kind contributions. The match must represent one dollar in value for each one dollar of the grant. In-kind contributions include but are not limited to labor, materials, and new property. Existing assets and existing development may not apply to the match.

             Applicants other than school districts or local or state government must be registered as a nonprofit or not-for-profit organization with the Washington secretary of state and the United States internal revenue service. The organization's articles of incorporation must contain provisions for the organization's structure, officers, legal address, and registered agent.

             Organizations requesting grants must provide the hours of range availability for public and law enforcement use. The fee structure will be submitted with the grant application.

             Any nonprofit organization or agency accepting a grant under this program will be required to pay back the entire grant amount to the firearms range account if the use of the range facility is discontinued less than ten years after the grant is accepted.

             ((Facilities)) Entities receiving grants must ((be)) make the facilities for which grant funding is received open for hunter safety education classes and firearm safety classes on a regular basis for no fee.

             Government units or school districts applying for grants must open their range facility on a regular basis for hunter safety education ((training)) classes and firearm safety classes.

             The interagency committee for outdoor recreation shall adopt rules to implement ((this act)) chapter 195, Laws of 1990, pursuant to chapter 34.05 RCW.


             NEW SECTION. Sec. 473. A new section is added to chapter 9.94A RCW to read as follows:

             (1)(a) An offender is eligible for the special drug offender sentencing alternative if:

             (i) The offender is convicted of the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or a felony that is, under chapter 9A.28 RCW or RCW 69.50.407, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes, and the violation does not involve a sentence enhancement under RCW 9.94A.310(3);

             (ii) The offender has no prior convictions for a felony in this state, another state, or the United States; and

             (iii) The offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance.

             (b) If the midpoint of the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this section shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. An offender sentenced under this section shall serve his or her entire term of community placement under RCW 9.94A.120 in community custody that must include crime-related prohibitions including a condition not to use illegal controlled substances, and a requirement to submit to urinalysis or other testing to monitor that status. The department may require the offender to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court may impose any of the following conditions:

             (i) Devote time to a specific employment or training;

             (ii) Participate in outpatient substance abuse treatment;

             (iii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;

             (iv) Report as directed to a community corrections officer;

             (v) Pay all court-ordered legal financial obligations;

             (vi) Perform community service work;

             (vii) Pay a day fine;

             (viii) Stay out of areas designated by the sentencing judge;

             (ix) Undergo day reporting.

             (c) If the offender violates any of the sentence conditions in (b) of this subsection, the department shall impose sanctions administratively, with notice to the prosecuting attorney and the sentencing court. Upon motion of the court or the prosecuting attorney, a violation hearing shall be held by the court. If the court finds that conditions have been willfully violated, the court may impose confinement consisting of up to the remaining one-half of the midpoint of the standard range. All total confinement served during the period of community custody shall be credited to the offender, regardless of whether the total confinement is served as a result of the original sentence, as a result of a sanction imposed by the department, or as a result of a violation found by the court. The term of community custody shall be tolled by any period of time served in total confinement as a result of a violation found by the court.

             (d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission.

             (2) For sentences imposed pursuant to subsection (1) of this section that have a sentence range of over one year, notwithstanding any other provision of RCW 9.94A.190 all such sentences regardless of length shall be served in a facility or institution operated, or utilized under contract, by the state.

             (3) For the purposes of this section:

             (a) "Day fine" means a fine imposed by the sentencing judge that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

             (b) "Day reporting" means a program of enhanced supervision designed to monitor the defendant's daily activities and compliance with sentence conditions, and in which the defendant is required to report daily to a specific location designated by the department or the sentencing judge.


             NEW SECTION. Sec. 474. The commission shall evaluate the impact of implementing the drug offender options provided for in section 473 of this act. The commission shall submit preliminary findings to the legislature by December 1, 1995, and shall submit the final report to the legislature by December 1, 1996. The report shall describe the changes in sentencing practices related to the use of punishment options for drug offenders and include the impact of sentencing alternatives on state prison populations, the savings in state resources, and the impact on recidivism rates.


             Sec. 475. RCW 9.94A.150 and 1992 c 145 s 8 are each amended to read as follows:

             No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:

             (1) Except as otherwise provided for in subsection (2) of this section, the term of the sentence of an offender committed to a correctional facility operated by the department, may be reduced by earned early release time in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction in which the offender is confined. The earned early release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned early release credits in advance of the offender actually earning the credits. Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department of corrections, the county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned early release time. In the case of an offender convicted of a serious violent offense or a sex offense that is a class A felony committed on or after July 1, 1990, the aggregate earned early release time may not exceed fifteen percent of the sentence. In no other case shall the aggregate earned early release time exceed one-third of the total sentence;

             (2) A person convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned early release time pursuant to subsection (1) of this section;

             (3) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, offenders may leave a correctional facility when in the custody of a corrections officer or officers;

             (4) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;

             (5) No more than the final six months of the sentence may be served in partial confinement designed to aid the offender in finding work and reestablishing ((him)) himself or herself in the community, except for offenders sentenced under section 473 of this act who have a standard range midpoint of twenty-four months or less in which case no more than the final three months of the sentence may be served in such partial confinement;

             (6) The governor may pardon any offender;

             (7) The department of corrections may release an offender from confinement any time within ten days before a release date calculated under this section; and

             (8) An offender may leave a correctional facility prior to completion of his or her sentence if the sentence has been reduced as provided in RCW 9.94A.160.


             Sec. 476. RCW 10.31.100 and 1993 c 209 s 1 and 1993 c 128 s 5 are each reenacted and amended to read as follows:

             A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (10) of this section.

             (1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270 shall have the authority to arrest the person.

             (2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

             (a) An order has been issued of which the person has knowledge under RCW 10.99.040(2), 10.99.050, 26.09.060, 26.44.063, chapter 26.26 RCW, or chapter 26.50 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from a residence or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or

             (b) The person is eighteen years or older and within the preceding four hours has assaulted that person's spouse, former spouse, or a person eighteen years or older with whom the person resides or has formerly resided and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that spouses, former spouses, or other persons who reside together or formerly resided together have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.

             (3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:

             (a) RCW 46.52.010, relating to duty on striking an unattended car or other property;

             (b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

             (c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;

             (d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;

             (e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;

             (f) RCW 46.61.525, relating to operating a motor vehicle in a negligent manner.

             (4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.

             (5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW ((88.12.100)) 88.12.025 shall have the authority to arrest the person.

             (6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.

             (7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.

             (8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.

             (9) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person.

             (10) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a ((firearm or other dangerous)) deadly weapon as defined in RCW 9A.04.110 on private or public elementary or secondary school premises shall have the authority to arrest the person.

             ((For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).))

             (11) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.

             (12) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith and without malice.


             Sec. 477. RCW 10.99.030 and 1993 c 350 s 3 are each amended to read as follows:

             (1) All training relating to the handling of domestic violence complaints by law enforcement officers shall stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of the victim. Law enforcement agencies and community organizations with expertise in the issue of domestic violence shall cooperate in all aspects of such training.

             (2) The primary duty of peace officers, when responding to a domestic violence situation, is to enforce the laws allegedly violated and to protect the complaining party.

             (3)(a) When a peace officer responds to a domestic violence call and has probable cause to believe that a crime has been committed, the peace officer shall exercise arrest powers with reference to the criteria in RCW 10.31.100. The officer shall notify the victim of the victim's right to initiate a criminal proceeding in all cases where the officer has not exercised arrest powers or decided to initiate criminal proceedings by citation or otherwise. The parties in such cases shall also be advised of the importance of preserving evidence.

             (b) A peace officer responding to a domestic violence call shall take a complete offense report including the officer's disposition of the case.

             (4) When a peace officer responds to a domestic violence call, the officer shall advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community, and giving each person immediate notice of the legal rights and remedies available. The notice shall include handing each person a copy of the following statement:

 

"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county prosecuting attorney to file a criminal complaint. You also have the right to file a petition in superior, district, or municipal court requesting an order for protection from domestic abuse which could include any of the following: (a) An order restraining your abuser from further acts of abuse; (b) an order directing your abuser to leave your household; (c) an order preventing your abuser from entering your residence, school, business, or place of employment; (d) an order awarding you or the other parent custody of or visitation with your minor child or children; and (e) an order restraining your abuser from molesting or interfering with minor children in your custody. The forms you need to obtain a protection order are available in any municipal, district, or superior court.

 

Information about shelters and alternatives to domestic violence is available from a state-wide twenty-four-hour toll-free hotline at 1-800-562-6025. The battered women's shelter and other resources in your area are . . . . . (include local information)"


             (5) The peace officer may offer, arrange, or facilitate transportation for the victim to a hospital for treatment of injuries or to a place of safety or shelter.

             (6) The law enforcement agency shall forward the offense report to the appropriate prosecutor within ten days of making such report if there is probable cause to believe that an offense has been committed, unless the case is under active investigation.

             (7) Each law enforcement agency shall make as soon as practicable a written record and shall maintain records of all incidents of domestic violence reported to it.

             (8) Records kept pursuant to subsections (3) and (7) of this section shall be made identifiable by means of a departmental code for domestic violence.

             (9) Commencing January 1, 1994, records of incidents of domestic violence shall be submitted, in accordance with procedures described in this subsection, to the Washington association of sheriffs and police chiefs by all law enforcement agencies. The Washington criminal justice training commission shall amend its contract for collection of state-wide crime data with the Washington association of sheriffs and police chiefs:

             (a) To include a table, in the annual report of crime in Washington produced by the Washington association of sheriffs and police chiefs pursuant to the contract, showing the total number of actual offenses and the number and percent of the offenses that are domestic violence incidents for the following crimes: (i) Criminal homicide, with subtotals for murder and nonnegligent homicide and manslaughter by negligence; (ii) forcible rape, with subtotals for rape by force and attempted forcible rape; (iii) robbery, with subtotals for firearm, knife or cutting instrument, or other ((dangerous)) deadly weapon as defined in RCW 9A.04.110, and strongarm robbery; (iv) assault, with subtotals for firearm, knife or cutting instrument, other ((dangerous)) deadly weapon, hands, feet, aggravated, and other nonaggravated assaults; (v) burglary, with subtotals for forcible entry, nonforcible unlawful entry, and attempted forcible entry; (vi) larceny theft, except motor vehicle theft; (vii) motor vehicle theft, with subtotals for autos, trucks and buses, and other vehicles; and (viii) arson;

             (b) To require that the table shall continue to be prepared and contained in the annual report of crime in Washington until that time as comparable or more detailed information about domestic violence incidents is available through the Washington state incident based reporting system and the information is prepared and contained in the annual report of crime in Washington; and

             (c) To require that, in consultation with interested persons, the Washington association of sheriffs and police chiefs prepare and disseminate procedures to all law enforcement agencies in the state as to how the agencies shall code and report domestic violence incidents to the Washington association of sheriffs and police chiefs.


             NEW SECTION. Sec. 478. A new section is added to chapter 13.06 RCW to read as follows:

             (1) The director of the division of juvenile rehabilitation and the several school districts within which there is located a residential school shall develop and implement a job skills training program as part of the division's and the districts' overall treatment and educational responsibilities to juvenile offenders in all residential schools. The program shall provide youth with skills necessary to locate, compete for, and maintain employment in demand occupations. In operating the program the director and the several school districts shall:

             (a) Assure that educational programs offered are occupationally based and provide a wide range of prevocational skills necessary to career development;

             (b) Assure that vocational skills obtained in the classroom and in school are transferable to the emerging labor market;

             (c) Assure that basic skill offerings include remedial and advanced skills in workplace communication, negotiation, teamwork, and problem solving;

             (d) Develop a system-wide process for evaluating all youth on the basis of self-management skills, employability skills, and life skills;

             (e) Work with the office of the superintendent of public instruction to assure that credit is awarded toward high school completion for documented performance gains and vocational skill acquisition in addition to traditional or standard academic credit awarded for completion hours;

             (f) Work with local business organizations to provide information and career awareness to youth in all facilities; and

             (g) Provide institutional work experience opportunities and programs that are coordinated with educational programs to reinforce learning and application of skills.

             (2) The director and the several school districts shall consult with the employment security department, the office of the superintendent of public instruction, and the work force training and education coordinating board on the design, implementation, coordination, and management of the program.

             (3) The director shall ensure that all facility counselors are trained in the area of youth employment skills assessment and development.


             NEW SECTION. Sec. 479. The legislature is making the change of "dangerous weapon" to "deadly weapon" solely to make consistent use of terminology. No substantive change in sentencing or the element of any criminal offense is intended.


             NEW SECTION. Sec. 480. RCW 9.41.160 shall be recodified within chapter 9.41 RCW to follow RCW 9.41.310.


             NEW SECTION. Sec. 481. The following acts or parts of acts are each repealed:

             (1) RCW 9.41.030 and 1935 c 172 s 3;

             (2) RCW 9.41.093 and 1969 ex.s. c 227 s 2;

             (3) RCW 9.41.100 and 1935 c 172 s 10;

             (4) RCW 9.41.130 and 1935 c 172 s 13;

             (5) RCW 9.41.200 and 1989 c 231 s 2 & 1933 c 64 s 2;

             (6) RCW 9.41.210 and 1933 c 64 s 3; and

             (7) RCW 9.41.230 and 1909 c 249 s 307 & 1888 p 100 ss 2, 3.


PART V. EDUCATION


             Sec. 501. RCW 28A.300.130 and 1993 c 336 s 501 are each amended to read as follows:

             (1) Expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible. To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The primary purpose of the center is to provide assistance and advice to parents, school board members, educators, and the public regarding strategies for assisting students in learning the essential academic learning requirements pursuant to RCW 28A.630.885. The center shall work in conjunction with the commission on student learning, educational service districts, and institutions of higher education.

             (2) The center shall:

             (a) Serve as a clearinghouse for the completed work and activities of the commission on student learning;

             (b) Serve as a clearinghouse for information regarding successful educational restructuring and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational restructuring initiatives in Washington schools and districts;

             (c) Provide best practices research and advice that can be used to help schools develop and implement: School improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; in-service or curriculum programs regarding violence prevention; and other programs that will assist educators in helping students learn the essential academic learning requirements;

             (d) Develop and distribute, in conjunction with the commission on student learning, parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education;

             (e) Identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;

             (f) Take other actions to increase public awareness of the importance of parental and community involvement in education;

             (g) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available under RCW 28A.305.140 and the broadened school board powers under RCW 28A.320.015;

             (h) Provide training and consultation services, including in-service training on violence prevention, and promote interagency sharing of information on violence prevention programs and model violence prevention curricula;

             (i) Address methods for improving the success rates of certain ethnic and racial student groups; and

             (j) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.

             (3) The superintendent of public instruction, after consultation with the commission on student learning, shall select and employ a director for the center.

             (4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. The superintendent shall contract out with community-based organizations to meet the provisions of subsection (2) (d) and (e) of this section. In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.

             (5) The superintendent shall report annually to the commission on student learning on the activities of the center.


             NEW SECTION. Sec. 502. A new section is added to chapter 28A.310 RCW to read as follows:

             The educational service districts, in meeting the core service requirement of in-service training and workshops under RCW 28A.310.350(5), shall provide to school districts, on a request basis, in-service training on violence prevention.


             Sec. 503. RCW 28A.320.205 and 1993 c 336 s 1006 are each amended to read as follows:

             (1) Beginning with the 1994-95 school year, to provide the local community and electorate with access to information on the educational programs in the schools in the district, each school shall publish annually a school performance report and deliver the report to each parent with children enrolled in the school and make the report available to the community served by the school. The annual performance report shall be in a form that can be easily understood and be used by parents, guardians, and other members of the community who are not professional educators to make informed educational decisions. As data from the assessments in RCW 28A.630.885 becomes available, the annual performance report should enable parents, educators, and school board members to determine whether students in the district's schools are attaining mastery of the student learning goals under RCW 28A.150.210, and other important facts about the schools' performance in assisting students to learn. The annual report shall make comparisons to a school's performance in preceding years and shall project goals in performance categories.

             (2) The annual performance report shall include, but not be limited to: A brief statement of the mission of the school and the school district; enrollment statistics including student demographics; expenditures per pupil for the school year; a summary of student scores on all mandated tests; a concise annual budget report; student attendance, graduation, and dropout rates; information regarding the use and condition of the school building or buildings; a brief description of the restructuring plan for the school; violence data based on department of health violence data collection standards; and an invitation to all parents and citizens to participate in school activities.

             (3) The superintendent of public instruction shall develop by June 30, 1994, a model report form, which shall also be adapted for computers, that schools may use to meet the requirements of subsections (1) and (2) of this section.


             NEW SECTION. Sec. 504. A new section is added to chapter 28A.405 RCW to read as follows:

             To receive initial certification as a teacher in this state after August 31, 1995, an applicant shall have successfully completed a course or course work on violence prevention awareness and training. Such course or course work may be incorporated into the requirements of RCW 28A.405.025 regarding completion of a course on issues of abuse.


             Sec. 505. RCW 28A.610.030 and 1990 c 33 s 507 are each amended to read as follows:

             (1) The superintendent of public instruction, in consultation with the department of community, trade, and economic development, the department of social and health services, the state board for community and technical colleges ((education)), and community-based, nonprofit providers of adult literacy services, shall develop an adult literacy program to serve eligible parents as defined under RCW 28A.610.020. The program shall give priority to serving parents with children who have not yet enrolled in school or are in grades kindergarten through three.

             (2) In addition to providing basic skills instruction to eligible parents, the program shall include violence prevention awareness and training and may include other program components which may include transportation, child care, and such other directly necessary activities as may be necessary to accomplish the purposes of RCW 28A.610.020 through 28A.610.060.

             (3) Parents who elect to participate in training or work programs, as a condition of receiving public assistance, shall have the hours spent in parent participation programs, conducted as part of a federal head start program, or the state early childhood education and assistance program under RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908, or parent literacy programs under RCW 28A.610.020 through 28A.610.060, counted toward the fulfillment of their work and training obligation for the receipt of public assistance.

             (4) State funds as may be appropriated for project even start shall be used solely to expand and complement, but not supplant, federal funds for adult literary programs.

             (5) The superintendent of public instruction shall adopt rules as necessary to carry out the purposes of RCW 28A.610.020 through 28A.610.060.


             Sec. 506. RCW 28A.610.060 and 1987 c 518 s 109 are each amended to read as follows:

             The superintendent of public instruction, through the ((state clearinghouse for education information)) center for the improvement of student learning, shall collect and disseminate to all school districts and other interested parties information about effective parent literacy programs under project even start.


             Sec. 507. RCW 28A.620.020 and 1985 c 344 s 2 are each amended to read as follows:

             Notwithstanding the provisions of RCW 28B.50.250, 28B.50.530 or any other law, rule, or regulation, any school district is authorized and encouraged to provide community education programs in the form of instructional, recreational and/or service programs on a noncredit and nontuition basis, excluding fees for supplies, materials, or instructor costs, for the purpose of stimulating the full educational potential and meeting the needs of the district's residents of all ages, and making the fullest use of the district's school facilities: PROVIDED, That school districts are encouraged to provide programs for prospective parents, prospective foster parents, and prospective adoptive parents on parenting skills, violence prevention, and on the problems of child abuse and methods to avoid child abuse situations: PROVIDED FURTHER, That community education programs shall be consistent with rules and regulations promulgated by the state superintendent of public instruction governing cooperation between common schools, community college districts, and other civic and governmental organizations which shall have been developed in cooperation with the state board for community and technical colleges ((education)) and shall be programs receiving the approval of said superintendent.


             Sec. 508. RCW 28A.630.885 and 1993 c 336 s 202 and 1993 c 334 s 1 are each reenacted and amended to read as follows:

             (1) The Washington commission on student learning is hereby established. The primary purposes of the commission are to identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, to develop student assessment and school accountability systems, and to take other steps necessary to develop a performance-based education system. The commission shall include three members of the state board of education, three members appointed by the governor before July 1, 1992, and five members appointed no later than June 1, 1993, by the governor elected in the November 1992 election. The governor shall appoint a chair from the commission members, and fill any vacancies in gubernatorial appointments that may occur. The state board of education shall fill any vacancies of state board of education appointments that may occur. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from state-wide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the racial and ethnic diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational restructuring, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.

             (2) The commission shall establish advisory committees. Membership of the advisory committees shall include, but not necessarily be limited to, professionals from the office of the superintendent of public instruction and the state board of education, and other state and local educational practitioners and student assessment specialists.

             (3) The commission, with the assistance of the advisory committees, shall:

             (a) Develop essential academic learning requirements based on the student learning goals in RCW 28A.150.210. Essential academic learning requirements shall be developed, to the extent possible, for each of the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. Essential academic learning requirements for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be completed no later than March 1, 1995. Essential academic learning requirements that incorporate the remainder of RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be completed no later than March 1, 1996. To the maximum extent possible, the commission shall integrate goal four and the knowledge and skill areas in the other goals in the development of the essential academic learning requirements;

             (b)(i) The commission shall present to the state board of education and superintendent of public instruction a state-wide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in (a) of this subsection. The academic assessment system shall include a variety of assessment methods, including performance-based measures that are criterion-referenced. Performance standards for determining if a student has successfully completed an assessment shall be initially determined by the commission in consultation with the advisory committees required in subsection (2) of this section.

             (ii) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.

             (iii) Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be initially implemented by the state board of education and superintendent of public instruction no later than the 1996-97 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be initially implemented by the state board of education and superintendent of public instruction no later than the 1997-98 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. To the maximum extent possible, the commission shall integrate knowledge and skill areas in development of the assessments.

             (iv) Before the 2000-2001 school year, participation by school districts in the assessment system shall be optional. School districts that desire to participate before the 2000-2001 school year shall notify the superintendent of public instruction in a manner determined by the superintendent. Beginning in the 2000-2001 school year, all school districts shall be required to participate in the assessment system.

             (v) The state board of education and superintendent of public instruction may modify the essential academic learning requirements and academic assessment system, as needed, in subsequent school years.

             (vi) The commission shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender;

             (c) After a determination is made by the state board of education that the high school assessment system has been implemented and that it is sufficiently reliable and valid, successful completion of the high school assessment shall lead to a certificate of mastery. The certificate of mastery shall be obtained by most students at about the age of sixteen, and is evidence that the student has successfully mastered the essential academic learning requirements during his or her educational career. The certificate of mastery shall be required for graduation but shall not be the only requirement for graduation. The commission shall make recommendations to the state board of education regarding the relationship between the certificate of mastery and high school graduation requirements. Upon achieving the certificate of mastery, schools shall provide students with the opportunity to continue to pursue career and educational objectives through educational pathways that emphasize integration of academic and vocational education. Educational pathways may include, but are not limited to, programs such as work-based learning, school-to-work transition, tech prep, vocational-technical education, running start, and preparation for technical college, community college, or university education;

             (d) Consider methods to address the unique needs of special education students when developing the assessments in (b) and (c) of this subsection;

             (e) Consider methods to address the unique needs of highly capable students when developing the assessments in (b) and (c) of this subsection;

             (f) Develop recommendations on the time, support, and resources, including technical assistance, needed by schools and school districts to help students achieve the essential academic learning requirements. These recommendations shall include an estimate for the legislature, superintendent of public instruction, and governor on the expected cost of implementing the academic assessment system;

             (g) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements for public school students that are consistent with the essential academic learning requirements and the certificate of mastery;

             (h) By December 1, 1998, recommend to the legislature, governor, state board of education, and superintendent of public instruction:

             (i) A state-wide accountability system to monitor and evaluate accurately and fairly the level of learning occurring in individual schools and school districts. The accountability system shall be designed to recognize the characteristics of the student population of schools and school districts such as gender, race, ethnicity, socioeconomic status, and other factors. The system shall include school-site, school district, and state-level accountability reports;

             (ii) A school assistance program to help schools and school districts that are having difficulty helping students meet the essential academic learning requirements;

             (iii) A system to intervene in schools and school districts in which significant numbers of students persistently fail to learn the essential academic learning requirements; and

             (iv) An awards program to provide incentives to school staff to help their students learn the essential academic learning requirements, with each school being assessed individually against its own baseline. Incentives shall be based on the rate of percentage change of students achieving the essential academic learning requirements. School staff shall determine how the awards will be spent.

             The recommended awards, assistance, and intervention programs shall include violence indicators or standards as part of the criteria for determining the status of a school to receive an award or assistance, or be subject to intervention.

             It is the intent of the legislature to begin implementation of programs in this subsection (3)(h) on September 1, 2000;

             (i) Report annually by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission; and

             (j) Make recommendations to the legislature and take other actions necessary or desirable to help students meet the student learning goals.

             (4) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.

             (5) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.

             (6) The commission shall select an entity to provide staff support and the office of the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.

             (7) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.


             NEW SECTION. Sec. 509. A new section is added to chapter 70.190 RCW to read as follows:

             The community public health and safety networks, based on rules adopted by the department of health, may include in its comprehensive community plans procedures for providing matching grants to school districts to support expanded use of school facilities for after-hours recreational opportunities and day care as authorized under chapter 28A.215 RCW and RCW 28A.620.010.


             Sec. 510. RCW 9A.36.031 and 1990 c 236 s 1 are each amended to read as follows:

             (1) A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree:

             (a) With intent to prevent or resist the execution of any lawful process or mandate of any court officer or the lawful apprehension or detention of himself or herself or another person, assaults another; or

             (b) Assaults a person employed as a transit operator or driver by a public or private transit company while that person is operating or is in control of a vehicle that is owned or operated by the transit company and that is occupied by one or more passengers; or

             (c) Assaults a school bus driver employed by a school district or a private company under contract for transportation services with a school district while the driver is operating or is in control of a school bus that is occupied by one or more passengers; or

             (d) With criminal negligence, causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm; or

             (e) Assaults a fire fighter or other employee of a fire department or fire protection district who was performing his or her official duties at the time of the assault; or

             (f) With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering; or

             (g) Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault; or

             (h) Assaults a certificated staff member, classified staff member not included under (c) of this subsection, or a volunteer, of a preschool through twelfth grade school, who was performing his or her assigned duties at the time of the assault; or

             (i) Assaults a referee, umpire, judge, manager, coach, or volunteer of an organized physical activity or sporting event, either during or immediately following the activity or event.

             (2) Assault in the third degree is a class C felony.


      Sec. 511. 1993 sp.s. c 24 s 501 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR STATE ADMINISTRATION

General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $                                                                                                                                                         34,414,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $                                                                                                                                                         33,106,000

Public Safety and Education Account

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .$                                                                                                                                                  338,000

Violence Reduction and Drug Enforcement

((and Education)) Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Appropriation. . . . . . . . . . . . . . . . .. . . . . $                                                                                                                                                           3,197,000

                  TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $                                                                                                                                                         71,055,000

             The appropriations in this section are subject to the following conditions and limitations:

             (1) AGENCY OPERATIONS

             (a) $304,000 of the general fund--state appropriation is provided solely to upgrade the student data collection capability of the superintendent of public instruction.

             (b) $423,000 of the general fund--state appropriation is provided solely for certification investigation activities of the office of professional practices.

             (c) $770,000 of the general fund--state appropriation is provided solely for the operation and expenses of the state board of education, including basic education assistance activities.

             (((e))) (d) The entire public safety and education account appropriation is provided solely for administration of the traffic safety education program, including in-service training related to instruction in the risks of driving while under the influence of alcohol and other drugs.

             (((f))) (e) $10,000 of the general fund--state appropriation is provided solely for a contract through the Washington State Institute for Public Policy at The Evergreen State College for a bilingual education conference to disseminate information on best practices in bilingual instruction, including model programs from other states, and to develop strategies for incorporating the most effective instructional methods into the state's bilingual curriculum.

             (2) STATE-WIDE PROGRAMS

             (a) $100,000 of the general fund--state appropriation is provided for state-wide curriculum development.

             (b) $62,000 of the general fund--state appropriation is provided for operation of a K-2 education program at Pt. Roberts by the Blaine school district.

             (c) $2,415,000 of the general fund--state appropriation is provided for in-service training and educational programs conducted by the Pacific science center.

             (d) $70,000 of the general fund--state appropriation is provided for operation of the Cispus environmental learning center.

             (e) $2,949,000 of the general fund--state appropriation is provided for educational clinics, including state support activities.

             (f) $3,437,000 of the general fund--state appropriation is provided for grants for magnet schools to be distributed as recommended by the superintendent of public instruction pursuant to chapter 232, section 516(13), Laws of 1992.

             (g) $4,855,000 of the general fund--state appropriation is provided for complex need grants. Grants shall be provided according to funding ratios established in LEAP Document 30B as developed on May 4, 1993, at 11:00 a.m.

             (h) $3,050,000 of the violence reduction and drug enforcement ((and education)) account appropriation is provided solely for matching grants to enhance security in secondary schools. Not more than seventy-five percent of a district's total expenditures for school security in any school year may be paid from a grant under this subsection. The grants shall be expended solely for the costs of employing or contracting for building security monitors, metal detectors, or other security in secondary schools during school hours and school events. Of the amount provided in this subsection, at least $2,850,000 shall be spent for grants to districts that, during the 1988-89 school year, employed or contracted for security monitors in schools during school hours. However, these grants may be used only for increases in school district expenditures for school security over expenditure levels for the 1988-89 school year.

             (i) Districts receiving allocations from subsection (2) (f) and (g) of this section shall submit an annual report to the superintendent of public instruction on the use of all district resources to address the educational needs of at-risk students in each school building.


             Sec. 512. RCW 28A.600.475 and 1992 c 205 s 120 are each amended to read as follows:

             (1) School districts may participate in the exchange of information with law enforcement and juvenile court officials to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g. When directed by court order or pursuant to ((any)) a lawfully issued subpoena, a school district shall make student records and information available to law enforcement officials, probation officers, court personnel, and others legally entitled to the information. Parents and students shall be notified by the school district of all ((such)) orders or subpoenas in advance of compliance with them.

             (2) The social file, diversion record, police contact record, and arrest record of a student may be made available to a school district if the records are requested by the principal or school counselor. Use of the records is restricted to the principal, the school counselor, or a teacher or teachers identified by the principal as necessary for the provision of additional services to the student. The records may only be used to identify and facilitate those services offered through the school district that would be of benefit to the student. The student's records shall be made available to the school district under the provisions of this chapter, section 519 of this act, and chapter 13.50 RCW unless a parent or guardian provides, prior to the release of the records, a written statement indicating which records shall remain confidential until such further written release. School districts shall provide written notice of this section to parents or guardians at the time of enrollment of a student.


             Sec. 513. RCW 13.50.050 and 1992 c 188 s 7 are each amended to read as follows:

             (1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions.

             (2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to subsection (11) of this section.

             (3) All records other than the official juvenile court file are confidential and may be released only as provided in this section, RCW 13.50.010, 13.40.215, and 4.24.550.

             (4) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.

             (5) Except as provided in RCW 4.24.550 or 28A.600.475, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.

             (6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.

             (7) The juvenile court and the prosecutor may set up and maintain a central record-keeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central record-keeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central record-keeping system without notification by the diversion unit of the date on which the offender agreed to diversion.

             (8) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.

             (9) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.

             (10) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (24) of this section, order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case.

             (11) The court shall grant the motion to seal records made pursuant to subsection (10) of this section if it finds that:

             (a) Two years have elapsed from the later of: (i) Final discharge of the person from the supervision of any agency charged with supervising juvenile offenders; or (ii) from the entry of a court order relating to the commission of a juvenile offense or a criminal offense;

             (b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense; and

             (c) No proceeding is pending seeking the formation of a diversion agreement with that person.

             (12) The person making a motion pursuant to subsection (10) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.

             (13) If the court grants the motion to seal made pursuant to subsection (10) of this section, it shall, subject to subsection (24) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.

             (14) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (24) of this section.

             (15) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order. Any conviction for any adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW for any juvenile adjudication of guilt for a class A offense or a sex offense as defined in RCW 9.94A.030.

             (16) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person who is the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (24) of this section, order the destruction of the official juvenile court file, the social file, and records of the court and of any other agency in the case.

             (17) The court may grant the motion to destroy records made pursuant to subsection (16) of this section if it finds:

             (a) The person making the motion is at least twenty-three years of age;

             (b) The person has not subsequently been convicted of a felony;

             (c) No proceeding is pending against that person seeking the conviction of a criminal offense; and

             (d) The person has never been found guilty of a serious offense.

             (18) A person eighteen years of age or older whose criminal history consists of only one referral for diversion may request that the court order the records in that case destroyed. The request shall be granted, subject to subsection (24) of this section, if the court finds that two years have elapsed since completion of the diversion agreement.

             (19) If the court grants the motion to destroy records made pursuant to subsection (16) or (18) of this section, it shall, subject to subsection (24) of this section, order the official juvenile court file, the social file, and any other records named in the order to be destroyed.

             (20) The person making the motion pursuant to subsection (16) or (18) of this section shall give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.

             (21) Any juvenile to whom the provisions of this section may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.

             (22) Nothing in this section may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.

             (23) Any juvenile justice or care agency may, subject to the limitations in subsection (24) of this section and subparagraphs (a) and (b) of this subsection, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.

             (a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older, or is eighteen years of age or older and his or her criminal history consists entirely of one diversion agreement and two years have passed since completion of the agreement.

             (b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.

             (24) No identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior.

             (25) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault.


             Sec. 514. RCW 13.50.010 and 1993 c 374 s 1 are each amended to read as follows:

             (1) For purposes of this chapter:

             (a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the department of social and health services and its contracting agencies, schools; and, in addition, persons or public or private agencies having children committed to their custody;

             (b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;

             (c) "Social file" means the juvenile court file containing the records and reports of the probation counselor;

             (d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.

             (2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.

             (3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:

             (a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;

             (b) An agency shall take reasonable steps to ((insure)) assure the security of its records and prevent tampering with them; and

             (c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.

             (4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.

             (5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.

             (6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.

             (7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

             (8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment, or to individuals or agencies engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.

             (9) Juvenile detention facilities shall release records to the juvenile disposition standards commission under RCW 13.40.025 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.


             NEW SECTION. Sec. 515. The state board of education shall conduct a study to identify possible incentives to encourage schools to increase the space that is available for after-hours community use. The board shall examine incentives for both existing school facilities and for new construction. The board shall report its findings and recommendations to the legislature by November 15, 1994.


             NEW SECTION. Sec. 516. A new section is added to chapter 28A.600 RCW to read as follows:

             When a school transfers a student's transcript to a new school, it may also transfer the student's attendance records, records of unpaid fines or property damage, and any disciplinary records, including records relating to the facts resulting in any expulsions. The student's parent shall be given the opportunity to review all such records before the transfer.


             Sec. 517. RCW 28A.190.030 and 1990 c 33 s 172 are each amended to read as follows:

             Each school district within which there is located a residential school shall, singly or in concert with another school district pursuant to RCW 28A.335.160 and 28A.225.250 or pursuant to chapter 39.34 RCW, conduct a program of education, including the job skills training program created in section 478 of this act and related student activities, for residents of the residential school. Except as otherwise provided for by contract pursuant to RCW 28A.190.050, the duties and authority of a school district and its employees to conduct such a program shall be limited to the following:

             (1) The employment, supervision and control of administrators, teachers, specialized personnel and other persons, deemed necessary by the school district for the conduct of the program of education;

             (2) The purchase, lease or rental and provision of textbooks, maps, audio-visual equipment, paper, writing instruments, physical education equipment and other instructional equipment, materials and supplies, deemed necessary by the school district for the conduct of the program of education;

             (3) The development and implementation, in consultation with the superintendent or chief administrator of the residential school or his or her designee, of the curriculum;

             (4) The conduct of a program of education, including related student activities, for residents who are three years of age and less than twenty-one years of age, and have not met high school graduation requirements as now or hereafter established by the state board of education and the school district which includes:

             (a) Not less than one hundred and eighty school days each school year;

             (b) Special education pursuant to RCW 28A.155.010 through 28A.155.100, and vocational education including the job skills training program created in section 478 of this act, as necessary to address the unique needs and limitations of residents. Vocational education opportunities shall be made available to each residential school student between the ages of fourteen and twenty-one. The vocational programs offered shall be occupationally based and provide skills that are transferrable to the emerging labor market; and

             (c) Such courses of instruction and school related student activities as are provided by the school district for nonresidential school students to the extent it is practical and judged appropriate for the residents by the school district after consultation with the superintendent or chief administrator of the residential school: PROVIDED, That a preschool special education program may be provided for handicapped residential school students;

             (5) The control of students while participating in a program of education conducted pursuant to this section and the discipline, suspension or expulsion of students for violation of reasonable rules of conduct adopted by the school district; and

             (6) The expenditure of funds for the direct and indirect costs of maintaining and operating the program of education that are appropriated by the legislature and allocated by the superintendent of public instruction for the exclusive purpose of maintaining and operating residential school programs of education, and funds from federal and private grants, bequests and gifts made for the purpose of maintaining and operating the program of education.


             Sec. 518. RCW 28A.190.040 and 1990 c 33 s 173 are each amended to read as follows:

             The duties and authority of the department of social and health services and of each superintendent or chief administrator of a residential school to support each program of education conducted by a school district pursuant to RCW 28A.190.030, shall include the following:

             (1) The provision of transportation for residential school students to and from the sites of the program of education through the purchase, lease or rental of school buses and other vehicles as necessary;

             (2) The provision of safe and healthy building and playground space for the conduct of the program of education through the construction, purchase, lease or rental of such space as necessary;

             (3) The provision of furniture, vocational instruction machines and tools, building and playground fixtures, and other equipment and fixtures for the conduct of the program of education through construction, purchase, lease or rental as necessary;

             (4) The provision of heat, lights, telephones, janitorial services, repair services, and other support services for the vehicles, building and playground spaces, equipment and fixtures provided for in this section;

             (5) The employment, supervision and control of persons to transport students and to maintain the vehicles, building and playground spaces, equipment and fixtures, provided for in this section;

             (6) Clinical and medical evaluation services necessary to a determination by the school district of the educational needs of residential school students; and

             (7) Such other support services and facilities as are reasonably necessary for the conduct of the program of education and the job skills training program created in section 478 of this act.


             NEW SECTION. Sec. 519. (1) The department of social and health services and the superintendent of public instruction shall review all statutes and rules relative to the sharing or exchange of information about children who are the subject of reports of abuse and neglect or who are charged with criminal behavior. The department and the superintendent shall revise or adopt rules, consistent with federal guidelines, that allow educational professionals in elementary and secondary schools access to information contained in department records solely for purposes of improving the child's educational performance or attendance.

             (2) The department and superintendent shall also revise or adopt rules, consistent with federal guidelines, that allows the department access to information contained in the records of a school or school district on a child who is the subject of a report of abuse or neglect solely for the purpose of improving the department's ability to respond to the report of abuse or neglect.

             The department and superintendent shall report their findings and actions, including the need for statutory changes, to the legislature by December 31, 1994.

             This section shall expire January 1, 1995.


PART VI. EMPLOYMENT


NEW SECTION. Sec. 601. The legislature finds that a lack of adequate economic opportunity is a significant factor in placing youth at risk. Teenage unemployment, especially among some sectors of the youth population, is at intolerable levels. This denies teenagers the chance to learn responsibility, enhance their self-esteem, and acquire skills that will enable them to be functional, contributing members of society. Therefore, to further the intent of this act to reduce the number of at-risk youth, and provide teenagers a constructive alternative under safe and reasonable conditions to the destructive activities in which they might otherwise be engaged, the legislature enacts sections 602 and 603 of this act. Sections 602 and 603 of this act shall be liberally construed to foster increased employment opportunities for our youth.


             NEW SECTION. Sec. 602. A new section is added to chapter 49.12 RCW to read as follows:

             (1)(a) During the school year minors under the age of sixteen may be employed up to three hours per day on any school day preceding another school day, up to eight hours per day on any other day, and up to eighteen hours per week.

             (b) During school vacation periods, minors under the age of sixteen may be employed up to eight hours per day, and up to forty hours per week.

             (c) Minors under the age of sixteen may be employed during nonschool hours between 7:00 a.m. and 7:00 p.m. on any day preceding a school day, and during nonschool hours between 7:00 a.m. and 9:00 p.m. on any other day.

             (2)(a) During the school year sixteen and seventeen-year-old minors may be employed up to eight hours per day, and up to thirty hours per week.