H-3602

AN ACT Relating to increased penalties for controlled substances offenses committed in certain areas; amending RCW 69.50.435; and prescribing penalties.

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

Sec. 1. RCW 69.50.435 and 1991 c 32 s 4 are each amended to read as follows:

(a) Any person who violates RCW 69.50.401(a) by manufacturing, selling, delivering, or possessing with the intent to manufacture, sell, or deliver a controlled substance listed under that subsection or who violates RCW 69.50.410 by selling for profit any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana ((to a person in a school or on a school bus or within one thousand feet of a school bus route stop designated by the school district or within one thousand feet of the perimeter of the school grounds, in a public park or on a public transit vehicle, or in a public transit stop shelter)), in any of the places identified in this subsection as protected areas, may be punished by a fine of up to twice the fine otherwise authorized by this chapter, but not including twice the fine authorized by RCW 69.50.406, or by imprisonment of up to twice the imprisonment otherwise authorized by this chapter, but not including twice the imprisonment authorized by RCW 69.50.406, or by both such fine and imprisonment. ((~~The provisions of this section shall not operate to more than double the fine or imprisonment otherwise authorized by this chapter for an offense.~~)) Protected areas are:

(1) On a school bus or public transit vehicle;

(2) In a public transit stop shelter;

(3) Within five hundred feet of a marked school bus stop or of a place that the person knows or reasonably should know is a school bus stop, at a time when minors are reasonably likely to be present;

(4) In a school or on the school's grounds or within one thousand feet of the perimeter of the school's grounds; and

(5) In a public park, swimming pool, playground, youth center, or civic center.

(b) Except with respect to an unmarked school bus stop, it is not a defense to a prosecution for a violation of this section that the person was unaware or could not reasonably have been expected to be aware that the prohibited conduct took place while in a ((~~school or school bus or within one thousand feet of the school or school bus route stop, in a public park, on a public transit vehicle, or in a public transit stop shelter~~)) protected area.

(c) Except with respect to a school bus stop, it is not a defense to a prosecution for a violation of this section or to any other prosecution under this chapter that persons under the age of eighteen were not present or could not reasonably have been expected to be present in the ((~~school, the school bus, the public park, or the public transit vehicle, or at the school bus route stop or the public transit vehicle stop shelter at the time of the offense~~)) protected area or that school was not in session at the time the prohibited conduct took place.

(d) It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under eighteen years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve delivering, manufacturing, selling, or possessing with the intent to manufacture, sell, or deliver any controlled substance in RCW 69.50.401(a) for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. This section shall not be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.

(e) ((In a prosecution under this section, a map produced or reproduced by any municipal, school district, county, or transit authority engineer for the purpose of depicting the location and boundaries of the area on or within one thousand feet of any property used for a school, school bus route stop, public park, or public transit vehicle stop shelter, or a true copy of such a map, shall under proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas if the governing body of the municipality, school district, county, or transit authority has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the area on or within one thousand feet of the school, school bus route stop, public park, or public transit vehicle stop shelter. Any map approved under this section or a true copy of the map shall be filed with the clerk of the municipality or county, and shall be maintained as an official record of the municipality or county. This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense. This section shall not be construed as precluding the use or admissibility of any map or diagram other than the one which has been approved by the governing body of a municipality, school district, county, or transit authority if the map or diagram is otherwise admissible under court rule.)) The provisions of this section may not be applied to more than double the fine or imprisonment otherwise authorized by this chapter for an offense.

(f) As used in this section the following terms have the meanings indicated unless the context clearly requires otherwise:

(1) "School" has the meaning under RCW 28A.150.010 or 28A.150.020. The term "school" also includes a private school approved under RCW 28A.195.010;

(2) "School bus" means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by any school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students. The term does not include buses operated by common carriers in the urban transportation of students such as transportation of students through a municipal transportation system;

(3) ((~~"School bus route stop" means a school bus stop as designated on maps submitted by school districts to the office of the superintendent of public instruction;~~

~~(4)~~)) "Public park" means land, including any facilities or improvements on the land, that is operated as a park by the state or a local government;

((~~(5)~~)) (4) "Public transit vehicle" means any motor vehicle, street car, train, trolley vehicle, or any other device, vessel, or vehicle which is owned or operated by a transit authority and which is used for the purpose of carrying passengers on a regular schedule;

((~~(6)~~)) (5) "Transit authority" means a city, county, or state transportation system, transportation authority, public transportation benefit area, public transit authority, or metropolitan municipal corporation within the state that operates public transit vehicles;

((~~(7)~~)) (6) "Stop shelter" means a passenger shelter designated by a transit authority;

(7) "Playground" means any outdoor facility, including any appurtenant parking lot, that is open to the public and that has three or more separate pieces of equipment, including but not limited to, sliding boards, swingsets, and teeterboards, that are intended for the recreation of children;

(8) "Youth center" means any recreational facility or gymnasium, including any appurtenant parking lot, that is open to the public, that is intended primarily for use by persons under eighteen years of age, and that regularly provides athletic, civic, or cultural activities;

(9) "Swimming pool" means any swimming facility, including any appurtenant parking lot, that is open to the public.