SENATE BILL REPORT

                           SB  5107

               AS PASSED SENATE, MARCH 15, 1993

Brief Description:  Concerning arrest without warrant.

SPONSORS: Senators Sutherland and A. Smith

SENATE COMMITTEE ON EDUCATION

Majority Report:  Do pass. 

     Signed by Senators Pelz, Chairman; McAuliffe, Vice Chairman; Gaspard, McDonald, Moyer, Nelson, M. Rasmussen, Rinehart, Skratek, A. Smith, and Winsley.

Staff:  Leslie Goldstein (786‑7424)

Hearing Dates: February 5, 1993; February 15, 1993

HOUSE COMMITTEE ON JUDICIARY

BACKGROUND:

Principals or other school officials confiscate firearms and dangerous weapons that students bring into schools or onto school grounds.  However, police are unable to make a subsequent arrest because they are not authorized to arrest a person committing a misdemeanor or a gross misdemeanor unless the offense is committed in the presence of an officer.  A student carrying a firearm or dangerous weapon onto school grounds is guilty of a gross misdemeanor.

SUMMARY:

A police officer may make a warrantless arrest if the officer has probable cause to believe that a person unlawfully possesses or unlawfully possessed a firearm or dangerous weapon on public or private school premises.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

TESTIMONY FOR:

This bill was introduced last year and was unopposed.  This doesn't change current penalties.  It permits law enforcement officers to do their work.  Probable cause is still required.

TESTIMONY AGAINST:

This bill should only apply to students, not all persons.

TESTIFIED:  Senator Sutherland, prime sponsor (pro); Jack Paul, Tacoma Schools (pro); George Aiton, Washington Arms Collectors (con); Jeretha Harris (con)

HOUSE AMENDMENT(S):

A cross reference is added to existing definitions of firearms and dangerous weapons including those weapons that students may not carry onto school grounds.