5307-S AMS SKRA S2456.1

5307-S AMS SKRA S2456.1

SSB 5307 - S AMD

By Senators Skratek, Drew, Loveland, Erwin, Owen, Hargrove, Sutherland, Oke and Hochstatter

Withdrawn 3/15/93

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9.41.280 and 1989 c 219 s 1 are each amended to read as follows:

(1) It is unlawful for ((~~an elementary or secondary school student under the age of twenty-one knowingly~~)) a person to carry onto public or private elementary or secondary school premises, while school is in session or during a school-sponsored event:

(a) Any firearm; or

(b) Any dangerous 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) 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 ((~~student~~)) person violating subsection (1) of this section is guilty of a gross misdemeanor.

Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools for the remainder of the school year in which the violation occurs.

(3) Subsection (1) of this section does not apply to:

(a) Any student or employee of a private military academy; or

(b) Any ((~~student~~)) person engaged in military, law enforcement, or school district security activities((~~, sponsored by the federal or state governments while engaged in official duties~~)); or

(c) Any ((~~student~~)) person who is ((~~attending~~)) 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; or

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

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

(f) Any person legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle;

(g) Any person who is in lawful possession of an unloaded, secured firearm in a vehicle; or

(h) Any person in possession of a firearm pursuant to RCW 9.41.070. Any person who carries a firearm onto a school premise pursuant to RCW 9.41.070 shall, immediately upon entry onto the premises, proceed directly to the administrative office of the school and notify the highest-ranking available administrative official of the fact that the firearm is on school premises. Violation of the requirement to notify the appropriate official is a violation of this section.

NEW SECTION. Sec. 2. A new section is added to chapter 4.24 RCW to read as follows:

In any civil action brought against a minor for recovery of damages for actions which violate RCW 9.41.280, any parent or parents or legal guardian or guardians of such minor, with whom such minor resides shall notwithstanding any other provisions of RCW 4.24.190, be liable for all harm caused by the violation, unless such firearm, dangerous weapon, or other device was obtained unlawfully and the parent or guardian had no knowledge thereof.

Sec. 3. RCW 28A.635.060 and 1989 c 269 s 6 are each amended to read as follows:

(1) Any pupil who shall deface or otherwise injure any school property, shall be liable to suspension and punishment. Any school district whose property has been lost or willfully cut, defaced, or injured, may withhold the grades, diploma, and transcripts of the pupil responsible for the damage or loss until the pupil or the pupil's parent or guardian has paid for the damages, unless the student is transferring to another elementary or secondary educational institution, in which case the student's permanent record shall be released promptly to the receiving school. When the pupil and parent or guardian are unable to pay for the damages, the school district shall provide a program of voluntary work for the pupil in lieu of the payment of monetary damages. Upon completion of voluntary work the grades, diploma, and transcripts of the pupil shall be released. The parent or guardian of such pupil shall be liable for damages as otherwise provided by law.

(2) Before any penalties are assessed under this section, a school district board of directors shall adopt procedures which insure that pupils' rights to due process are protected.

(3) If the department of social and health services or a child-placing agency licensed by the department has been granted custody of a child, that child's records, if requested by the department or agency, are not to be withheld for nonpayment of school fees or any other reason."

SSB 5307 - S AMD

By Senators Skratek, Drew, Loveland, Erwin, Owen, Hargrove, Sutherland, Oke and Hochstatter

On page 1, line 1 of the title, after "discipline;" strike the remainder of the title and insert "amending RCW 9.41.280 and 28A.635.060; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 4.24 RCW; and prescribing penalties."