HOUSE BILL REPORT

                      SB 6122

                     As Reported By House Committee on:

                                 Judiciary

Title:  An act relating to arrest without warrant.

Brief Description:  Concerning arrest without warrant.

Sponsor(s):  Senators Sutherland, L. Smith, Bauer, Rasmussen and Gaspard.

Brief History:

   Reported by House Committee on:

Judiciary, February 28, 1992, DPA.

HOUSE COMMITTEE ON

JUDICIARY

Majority Report: Do pass as amended.  Signed by 19 members:  Representatives Appelwick, Chair; Ludwig, Vice Chair; Padden, Ranking Minority Member; Paris, Assistant Ranking Minority Member; Belcher; Broback; Forner; Hargrove; Inslee; Locke; R. Meyers; Mielke; H. Myers; Riley; Scott; D. Sommers; Tate; Vance; and Wineberry.

Staff:  Margaret Allen (786-7191).

Background:  Under current law, it is unlawful for a student under the age of 21 to possess a firearm or other dangerous weapon on school premises.  A violation of the law is a gross misdemeanor.

On occasion, principals or other school officials confiscate firearms and dangerous weapons that students bring onto school premises.  Police are unable to make a subsequent arrest because, unless an exception enumerated in statute applies, police are authorized to arrest a person committing a misdemeanor or a gross misdemeanor without a warrant only if the offense is committed in the officer's presence.

Summary of Amended Bill:  A police officer may make a warrantless arrest if he or she has probable cause to believe that a person illegally possesses a firearm or dangerous weapon on school premises.

Amended Bill Compared to Original Bill:  The original bill authorized a warrantless arrest when a person violated a statute currently prohibiting students from possessing firearms or other dangerous weapons on school premises.

Fiscal Note:  Not requested.

Effective Date of Amended Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Thousands of weapons are taken into schools daily, creating a dangerous situation.

Testimony Against:  None.

Witnesses:  Senator Sutherland, prime sponsor (supports).