6174

AN ACT Relating to violence prevention; amending RCW 74.14A.020, 70.190.010, 70.190.005, 70.190.030, 74.14A.050, 43.330.010, 50.65.030, 50.65.040, 50.65.065, 9.41.050, 9.41.060, 9.41.070, 9.41.080, 9.41.090, 9.41.110, 9.41.180, 9.41.190, 9.41.220, 9.41.240, 9.41.250, 9.41.260, 9.41.270, 9.41.280, 9.41.300, 9.94A.040, 9.94A.125, 13.04.030, 13.40.020, 13.40.027, 13.40.040, 13.40.0357, and 13.40.210; reenacting and amending RCW 9.41.010 and 9.41.040; adding new sections to chapter 70.190 RCW; adding a new section to chapter 28A.300 RCW; adding new sections to chapter 43.330 RCW; adding a new section to chapter 50.65 RCW; adding new sections to chapter 9.41 RCW; adding a new section to chapter 13.40 RCW; adding a new chapter to Title 7 RCW; creating new sections; recodifying RCW 9.41.160; repealing RCW 50.65.150, 9.41.030, 9.41.093, 9.41.100, 9.41.130, 9.41.200, 9.41.210, and 9.41.230; prescribing penalties; making appropriations; providing an effective date; and declaring an emergency.

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

TABLE OF CONTENTS

INTENT........................................................ 2

PART I - FAMILY SERVICES...................................... 3

PART II - ALTERNATIVES TO VIOLENCE............................ 12

PART III - YOUTH VIOLENCE PREVENTION AND INTERVENTION......... 14

PART IV - PUBLIC SAFETY....................................... 22

PART V - MISCELLANEOUS........................................ 73

INTENT

NEW SECTION. Sec. 1. The legislature finds that youth violence is an increasingly serious problem that threatens the long-term economic, social, and public safety interests of the state. Violent acts committed by and against young people have escalated sharply over the past decade. Moreover, increasing numbers of youth are carrying firearms, especially handguns.

The legislature further finds that there is no single factor responsible for the escalation of youth violence. Poverty, domestic violence, child abuse and neglect, racism, alcohol and other drugs, fractured communities and families, increased firearm availability, the escalation of gang activity, and the glamorization of violence by the media all contribute to the increase. Because so many factors contribute to the problem, no single approach can be expected to solve it.

The legislature further finds that reducing youth violence will require a comprehensive effort through a collaborative partnership among families, schools, communities, and government. A unified response that includes efforts directed at changing attitudes about violence, supporting families and communities, and protecting public safety is required to confront violent youth and firearm violence, as well as the root causes of youth violence.

The legislature further finds that strong, healthy families are an especially critical part of the solution. However, families in the state are increasingly isolated, without strong ties to their community or kin to call upon, fragmented by falling incomes and unemployment. These families find it difficult to raise responsible, self-confident children who can achieve their potential.

The legislature further finds that families and children in need of services are often unable to locate the assistance they require. If they do find services, families and children encounter myriad agencies, eligibility systems, and regulations that diminish effectiveness. Although communities vary widely across the state, little flexibility exists in the delivery of family services. The state has inadvertently created a centralized and uncoordinated family services system.

It is therefore the purpose of this act to: (1) Prevent youth violence by promoting nonviolent means for resolving conflicts; (2) improve outcomes for at-risk families and children by enhancing the availability and accessibility of family support services; (3) expand opportunities for at-risk youth to engage in productive activities, such as employment and training, peer counseling, mentoring, and recreation, that provide healthy, viable alternatives to violence; (4) empower communities to prioritize and coordinate family services and youth violence prevention and intervention activities that meet local needs; (5) protect public safety by strengthening the system for transitioning juvenile offenders from state facilities to the community; (6) protect public safety by limiting juveniles' access to firearms, particularly handguns, and by encouraging safe storage of firearms, and; (7) demonstrate that violence committed by youth will not be tolerated by increasing the severity and certainty of punishment for youth who commit violent acts or offenses involving firearms.

PART I - FAMILY SERVICES

Sec. 101. 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~~)), developmentally disabled, 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 the removal of a child from the home and after the family ((~~reunification~~)) is reunited;

(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 inherent family 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~~)) demonstrate 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 accessible and are provided in a culturally competent 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~~)) state and local agencies serving children and families; and

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

(b) In developing services under this subsection, local communities shall be partners with the state in planning, developing, implementing, and administering support networks that are tailored to their unique needs.

Sec. 102. 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) "Comprehensive plan" means a two-year plan that examines available resources and unmet needs for a county or multicounty area((,)) and barriers that limit the effective use of resources((~~, and a plan to address these issues that is broadly supported~~)). In addition, the plan shall include consideration of the public health services improvement plan under RCW 43.70.520 and other official public health assessments.

(2) "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 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.

(4) "Outcome based" means defined and measurable outcomes and indicators that make it possible for communities to evaluate progress in meeting their goals and whether systems are fulfilling their responsibilities.

(5) "Matching funds" means an amount no less than twenty-five percent of the amount budgeted for a consortium's project. Up to half of the consortium'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~~)) Community family councils" means a diverse group of individuals that includes at least representatives of local service providers, service recipients, local governments administering or funding children or family service programs, participating state agencies, local school districts, law enforcement agencies, superior court judges, local health departments, the business community, existing children's commissions, ethnic and racial minority ((~~populations~~)) communities, and ((~~other interested persons~~)) Indian tribes 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.~~)) A community family council may serve a geographic area smaller than a county, encompass more than one county, or serve only an Indian tribe. However, a community family council serving a geographic area smaller than a county may be recognized only if interagency agreements have been executed with other community family councils to ensure that families throughout the entire county are served.

(5) "Family services" means programs that support families by preventing and intervening early in problems such as child abuse and neglect, violence, other criminal behavior, substance abuse, suicide, teen pregnancy, academic failure, homelessness, and other risks to children.

Sec. 103. 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 family and community associations to care for 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 approach to their delivery. 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; and (3) to partially decentralize and reconfigure family services, which may include those currently administered by the department of social and health services, the department of community, trade, and economic development, the department of health, the employment security department, and the office of the superintendent of public instruction. Selected state-administered services shall be administered by community family councils so families can better access services to prevent or intervene early in risks to youth.

NEW SECTION. Sec. 104. (1) Beginning July 30, 1994, the family policy council shall recognize community family councils meeting the requirements of this chapter. The family policy council shall provide technical assistance and start-up funds to targeted community family councils in accordance with this chapter beginning August 31, 1994.

(2) The family policy council shall develop criteria to target community family councils for initial development of comprehensive plans and proposals.

NEW SECTION. Sec. 105. Community family councils shall submit initial proposals to the family policy council by October 30, 1994, for local administration and/or decategorization of family services. Based on the proposals submitted by community family councils, by December 1, 1994, the family policy council shall recommend to the governor those family services to be decentralized for local administration and/or decategorized. The governor shall include his recommendations in his 1995-97 budget request.

Sec. 106. 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~~)) recognized community family councils 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~~)) community family council; and

((~~(b)~~)) (2) The proposal reflects the principles listed in RCW 74.14A.025; and

(3) The ((~~consortium~~)) community family council has identified and agreed to contribute matching funds as specified in RCW 70.190.010; and

((~~(c)~~)) (4) 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

(5) The community family council identifies specific outcomes and indicators addressing the following areas: (a) Readiness for school; (b) family self-sufficiency and stability; (c) family functioning and safety; (d) family health; and (e) youth at risk; and

((~~(d)~~)) (6) 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~~)) for prevention and early intervention services targeted to at-risk families likely to encounter the juvenile or adult justice system, child protective services, or child welfare services; ((~~[and]~~)) and

((~~(e)~~)) (7) The ((~~consortium~~)) community family council 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)~~)) (8) Assurances are made regarding the quality and accessibility of services to underserved populations; and

(9) Evaluation methodologies consistent with the requirements of this chapter are used; and

(10) The ((~~consortium~~)) community family council 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 family council 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.~~))

NEW SECTION. Sec. 107. Community family councils in counties that did not participate in 1994 under sections 104 and 105 of this act may submit proposals for recognition to the family policy council by July 1, 1995, and/or 1996. If a county geographic area or Indian tribe is not represented by a community family council or a network of councils, the family policy council shall provide further assistance to create a community family council in conjunction with the county and other political subdivisions. If no organization is willing or qualified to assume powers and duties as a community family council under this chapter by June 30, 1997, the family policy council shall designate a single state agency to administer funds otherwise transferred to community family councils through legislative action.

NEW SECTION. Sec. 108. The family policy council shall:

(1) Disburse funds identified by the legislature to recognized community family councils in accordance with the distribution formula established under section 109 of this act by the office of financial management;

(2) Enter into contracts with community family councils prior to the distribution of program funds. The contracts shall ensure that:

(a) The intent of this chapter is pursued;

(b) Coordination within and across counties is maximized;

(c) Funds administered by community family councils are reasonably targeted to reduce the number of families and children entering the criminal justice system, the child protective services system, or the child welfare system;

(d) Community family councils have access to sufficient and timely data to make informed and equitable funding decisions.

(e) Community family councils are notified of their allocation of available resources at least sixty days before the start of a new contract period, if the state budget act is signed; and

(f) Ongoing technical assistance is provided to community family councils.

NEW SECTION. Sec. 109. (1) By June 1, 1995, the office of financial management, in consultation with affected parties, shall establish a distribution formula for funding designated by the legislature to be administered by community family councils. The formula should reflect local needs assessments and consider at a minimum:

(a) The number of children;

(b) The number of children in out‑of‑home placements;

(d) The number of child protective services cases ranked according to risk;

(e) The rate of convictions for violent offenses for juveniles;

(f) Social and economic indicators including poverty, low income, hunger, and homelessness;

(g) The number of convictions for crimes against children;

(h) The number of convictions for crimes related to illegal drug and alcohol use;

(i) The number of child and teenage suicides;

(j) The school dropout rate;

(k) The number of children receiving mental health services as reported by regional support networks; and

(l) The number of ethnic minority children and children with disabilities.

(2) The office of financial management shall ensure that funds distributed to community family councils include direct and indirect resources allocated for transferred family services.

Sec. 110. RCW 74.14A.050 and 1993 c 508 s 7 are each amended to read as follows:

The secretary shall:

(1)(a) Consult with relevant qualified professionals to develop a set of minimum guidelines to be used for identifying all children who are in a state-assisted support system, whether at-home or out-of-home, who are likely to need long-term care or assistance, because they face physical, emotional, medical, mental, or other long-term challenges;

(b) The guidelines must, at a minimum, consider the following criteria for identifying children in need of long-term care or assistance:

(i) Placement within the foster care system for two years or more;

(ii) Multiple foster care placements;

(iii) Repeated unsuccessful efforts to be placed with a permanent adoptive family;

(iv) Chronic behavioral or educational problems;

(v) Repetitive criminal acts or offenses;

(vi) Failure to comply with court-ordered disciplinary actions and other imposed guidelines of behavior, including drug and alcohol rehabilitation; and

(vii) Chronic physical, emotional, medical, mental, or other similar conditions necessitating long-term care or assistance;

(2) Along with community family councils, develop programs that are necessary for the long-term care of children and youth that are identified for the purposes of this section. Programs must: (a) Effectively address the educational, physical, emotional, mental, and medical needs of children and youth; and (b) incorporate an array of family support options, to individual needs and choices of the child and family. The programs must be ready for implementation by ((~~January~~)) July 1, ((~~1995~~)) 1996;

(3) ((Conduct an evaluation of all children currently within the foster care agency caseload to identify those children who meet the criteria set forth in this section. The evaluation shall be completed by January 1, 1994. All children entering the foster care system after January 1, 1994, must be evaluated for identification of long-term needs within thirty days of placement;

~~(4)~~)) Study and develop a comprehensive plan for the evaluation and identification of all children and youth in need of long-term care or assistance, including, but not limited to, the mentally ill, developmentally disabled, medically fragile, seriously emotionally or behaviorally disabled, and physically impaired;

((~~(5)~~)) (4) Study and develop a plan for the children and youth in need of long-term care or assistance to ensure the coordination of services between the department's divisions and between other state agencies who are involved with the child or youth; and

((~~(6)~~)) (5) Study and develop guidelines for transitional services, between long-term care programs, based on the person's age or mental, physical, emotional, or medical condition((~~; and~~

~~(7) Study and develop a statutory proposal for the emancipation of minors and report its findings and recommendations to the legislature by January 1, 1994~~)).

NEW SECTION. Sec. 111. Sections 104, 105, and 107 through 109 of this act are each added to chapter 70.190 RCW.

NEW SECTION. Sec. 112. (1) The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund‑-state to the department of social and health services for the purposes of section 104 of this act.

(2) The sum of two million six hundred ninety-three thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund‑-federal to the department of social and health services for the purposes of section 104 of this act.

PART II - ALTERNATIVES TO VIOLENCE

NEW SECTION. Sec. 201. The legislature finds that impulsive and aggressive behavior among primary and secondary school students can be reduced or modified by systematically modeling and teaching antiviolence skills across all subject areas and throughout school-related programs and activities. It is therefore the intent of the legislature to reduce violent student behavior and encourage the development of students' social competence by providing funds to train local school administrators, teachers, staff, parents, and students in a broad array of antiviolence skills.

NEW SECTION. Sec. 202. During the 1994-95 school year, centers for the improvement of teaching shall provide for the training of administrators, staff, parents, and students in subjects such as conflict mediation, anger management, suicide prevention, identification and appropriate reaction to student gangs, sexual harassment, race relations, stress management, self-esteem, positive relationship building, cultural appreciation, and decision making. Improvement of teaching coordinating councils within each educational service district shall determine how to best use funds appropriated for this purpose and may use them: To hire project trainers; to pay for staffing costs for training or technical assistance to school districts or buildings during the 1994-95 school year, curricula and other materials, and room rental; to reimburse districts for the cost of providing substitute teachers for training participants; and for travel reimbursement and stipends for participants. Improvement of teaching coordinating councils shall develop criteria and prioritize the provision of training opportunities to school districts and buildings determined to be most in need of receiving such training. In developing the training program design, councils shall cooperate with and draw upon the experience of other educational entities and organizations, and shall give strong consideration to training school building-based teams of participants.

NEW SECTION. Sec. 203. A new section is added to chapter 28A.300 RCW to read as follows:

The office of the superintendent of public instruction shall assist educational service districts in identifying effective training curricula and provide technical assistance in designing methods for evaluating the effectiveness of training and other related activities provided under programs to develop antiviolence skills. The office of the superintendent of public instruction shall collect information from educational service districts on the total number of people trained, by school building, an assessment of the effectiveness of training activities, and other pertinent information, and report its findings to the governor and the legislature by July 1, 1996.

NEW SECTION. Sec. 204. The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the office of the superintendent of public instruction for the purposes of sections 201 through 203 of this act. Of this amount, fifty thousand dollars may be spent by the office of the superintendent of public instruction for administrative costs of the antiviolence training program. Remaining funds for the 1994-95 school year shall be distributed to educational service districts based on the proportion of students enrolled in school districts within each educational service district boundary as of October 1993.

PART III - YOUTH VIOLENCE PREVENTION AND INTERVENTION

Sec. 301. RCW 43.330.010 and 1993 c 280 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) "Associate development organization" means a local economic development nonprofit corporation that is broadly representative of community interests.

(2) "At-risk youth" means youth who are most at risk for violence. These youth meet at least one of the following criteria:

(a) Lives in poverty;

(b) Abuses substances or resides in a household in which alcohol or other drugs are abused;

(d) Has experienced problems in school, including being suspended or expelled, dropping out, or failure to thrive academically or socially;

(e) Has associated with a criminal youth gang;

(f) Has committed a violent criminal offense or has been adjudicated by the juvenile justice system; or

(g) Has attempted suicide.

(3) "Department" means the department of community, trade, and economic development.

((~~(3)~~)) (4) "Director" means the director of the department of community, trade, and economic development.

NEW SECTION. Sec. 302. (1) Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 303 and 304 of this act.

(a) "At-risk youth" means youth who are most at risk for violence. These youth meet at least one of the following criteria:

(i) Lives in poverty;

(ii) Abuses substances or resides in a household in which alcohol or other drugs are abused;

(iii) Is a member of a family in which physical, sexual, or emotional abuse or neglect has occurred;

(iv) Has experienced problems in school, including being suspended or expelled, dropping out, or failure to thrive academically or socially;

(v) Has associated with a criminal youth gang;

(vi) Has committed a violent criminal offense or has been adjudicated by the juvenile justice system; or

(vii) Has attempted suicide.

(b) "Department" and "department of community, trade, and economic development" mean the department of community development.

(2) For the purposes of sections 102 and 103 of this act, "department" and "department of community, trade, and economic development" mean the department of community development.

(3) This section shall expire July 1, 1994.

NEW SECTION. Sec. 303. A new section is added to chapter 43.330 RCW to read as follows:

(1) The department shall administer a youth violence prevention and intervention program providing financial and technical resources for community and school-based initiatives that provide direct and comprehensive services to at-risk youth and their families.

(2) The department shall provide technical and financial resources to communities, school districts, and institutions that offer youth long-term positive alternatives to violence, reduce the factors contributing to youth violence, and establish strong ties between youth and their communities. The department shall establish a process to fund activities for the following direct, comprehensive services to at-risk youth and their families:

(a) Education assistance, including tutoring, mentoring, drop-out prevention, and reentry assistance services;

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

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

(e) Recreational opportunities that provide healthy, viable alternatives to violence;

(f) Life skills training, including anger management, conflict resolution, victim awareness, sexual harassment awareness, and cultural awareness training;

(g) Parental involvement, including education and training, home visits, and referrals;

(h) Resource and referral services for youth for a full range of basic services including health, food, housing, mental health, and other basic needs; and

(i) Self-esteem training, particularly for youth at high risk of teen pregnancy.

(3) The department shall make funds available to community family councils, community-based private nonprofit organizations, school districts, educational service districts, juvenile institutions, Indian tribes, private industry councils, and local governments. The department shall consider at least the following factors when selecting projects for funding:

(a) Whether there was an assessment made of the factors contributing to the problem of youth violence in the community that includes empirical evidence linking these factors to youth violence, and a strategy proposed that addresses the factors identified;

(b) Whether there was active community and youth participation in designing the program, and in proposed implementation of the program;

(d) For employment and training components whether there is collaboration with the local business community, labor organizations, and training institutions;

(e) Whether there is local commitment of resources and effort to carrying out the project in the short-term as well as a long-term commitment to reducing youth violence;

(f) The likelihood that the project will significantly benefit youth who are at-risk or will increase public safety in areas with high rates of violent crime by juveniles;

(g) The experience or expertise of the sponsors to carry out the proposed project; and

(h) The sponsors' plan for evaluating the project.

(4) The department shall provide successful applicants with technical assistance and training resources.

(5) The department shall work to involve youth in its efforts to reduce youth violence.

(6) The department shall use all means possible to communicate to communities and interested parties state-wide information on the best practices and positive outcomes of the community-based youth violence prevention and intervention projects. To accomplish this, the department may provide technical assistance through peers and state staff, create a speakers' bureau, sponsor conferences and workshops in which model programs are featured, and publish and distribute a workbook of best practices.

(7) The department shall provide additional assistance to community-based efforts in skill development, employment readiness, and work experience, including: (a) Community-based mentoring programs, providing technical assistance and providing funds for program development; (b) tutoring services to at-risk youth by the retired senior volunteer program; and (c) private-sector efforts to assist in the employment and training of at-risk youth in such areas as work experience, mentoring programs, skill development, and apprenticeships. In developing and implementing these efforts, the department shall consult with the work force training and education coordinating board, employment security department, and other relevant agencies. The department shall provide funds to community-based organizations to identify at-risk youth to participate in private-sector efforts and to provide ongoing assistance to youth participating in the programs.

(8) The department shall establish a system to evaluate the effectiveness of the community-based prevention and intervention initiatives. The evaluation shall be coordinated with the public health services improvement plan under RCW 43.70.520. By January 1, 1995, the department shall report to the governor and the legislature on the system established and the outcomes achieved to date. By January 1, 1996, and every biennium through June 30, 1999, the department shall submit to the governor and the legislature an evaluation of the projects under section 304 of this act, RCW 50.65.030 (5), (6), and (12), RCW 50.65.040, 50.65.065(1), and this section.

(9) For the purposes of this section, "community" means a geographic region recognized as a community by the applicant, including a neighborhood, city, county, Indian tribe, or multicounty region.

(10) This section shall expire June 30, 1999.

NEW SECTION. Sec. 304. A new section is added to chapter 43.330 RCW to read as follows:

(1) The department, in collaboration with the departments of health and social and health services and the office of the superintendent of public instruction, shall develop and administer a violence prevention education and awareness campaign. The campaign must be developed and implemented in partnership with media organizations and other interested organizations and corporations. The campaign must be designed to increase awareness and knowledge of violence issues, including fetal alcohol syndrome/effects, among at-risk children and youth, and their parents, and to promote efforts in reducing violence in homes, schools, and communities. As part of the campaign, the department shall administer a toll-free resource and referral line. The department may contract all or part of the activities associated with the campaign to qualified private, nonprofit or for-profit organizations.

(2) The department shall assist private sector efforts to educate and provide young people with opportunities, utilizing electronic and print media, to discuss and address violence issues. The department shall work with community-based organizations to identify youth to participate in the efforts and shall fund the development of programs and activities associated with such efforts.

NEW SECTION. Sec. 305. A new section is added to chapter 50.65 RCW to read as follows:

The commissioner shall target at-risk youth, as defined in RCW 43.330.010, for special projects that focus on efforts that are directed toward youth violence prevention and intervention and other service opportunities as alternatives to at-risk behavior. Youth may participate in teams and plan and provide services to their community by participating in activities that address issues relating to youth violence such as gangs, substance abuse, and the lack of positive alternative activities. The department shall provide team members with a stipend, training, and a postservice educational benefit to the extent permitted by available funding. The department shall provide a team with a team mentor to work with the team throughout the summer and the following school year. Projects must be designed to link the ethic of civic responsibility to the attainment of educational goals and the development of strong basic work skills. The commissioner may combine resources to pilot additional innovative approaches to reducing violence in communities.

Sec. 306. RCW 50.65.030 and 1993 c 302 s 1 are each amended to read as follows:

The Washington service corps is established within the employment security department. The commissioner shall:

(1) Appoint a director and other personnel as necessary to carry out the purposes of this chapter;

(2) Coordinate youth employment and training efforts under the department's jurisdiction and cooperate with other agencies or departments providing youth services to ensure that funds appropriated for the purposes of this chapter will not be expended to duplicate existing services, but will increase the services of youth to the state;

(3) The employment security department is authorized to place subgrants with other federal, state, and local governmental agencies and private agencies to provide youth employment projects and to increase the numbers of youth employed;

(4) Determine appropriate financial support levels by private business, community groups, foundations, public agencies, and individuals which will provide matching funds for enrollees in service projects under work agreements. The matching funds requirement may be waived for public agencies or reduced for private agencies;

(5) Recruit enrollees who are residents of the state unemployed at the time of application and are at least ((~~eighteen~~)) seventeen years of age but have not reached their twenty-sixth birthday;

(6) Recruit supervising agencies to host the enrollees in full-time service activities which shall not exceed ((~~eleven~~)) twelve months' duration;

(7) Assist supervising agencies in the development of scholarships and matching funds from private and public agencies, individuals, and foundations in order to support a portion of the enrollee's stipend and benefits;

(8) Develop general employment guidelines for placement of enrollees in supervising agencies to establish appropriate authority for hiring, firing, grievance procedures, and employment standards which are consistent with state and federal law;

(9) Match enrollees with appropriate public agencies and available service projects;

(10) Monitor enrollee activities for compliance with this chapter and compliance with work agreements;

(11) Assist enrollees in transition to employment upon termination from the programs, including such activities as orientation to the labor market, on-the-job training, and placement in the private sector;

(12) Establish a program for providing ((~~incentives~~)) a postservice educational benefit to encourage successful completion of terms of enrollment in the service corps and the continuation of educational pursuits. Such ((~~incentives~~)) benefits shall be in the form of educational assistance equivalent to two years of community or technical college tuition for ((~~eleven~~)) twelve months of service. Enrollees in special summer and school-related projects may earn a postservice educational benefit in an amount to be set by rule by the commissioner. Educational assistance funding shall only be used for tuition, fees, and course-related books and supplies. Enrollees who receive educational assistance funding shall start using it within one year of their service completion and shall finish using it within four years of their service completion;

(13) Enter into agreements with the state's community and technical college system and other educational institutions or independent nonprofit agencies to provide special education in basic skills, including reading, writing, and mathematics for those participants who may benefit by participation in such classes. Participation is not mandatory but shall be strongly encouraged.

Sec. 307. RCW 50.65.040 and 1993 c 302 s 2 are each amended to read as follows:

The commissioner may select and enroll in the Washington service corps program any person who is at least ((~~eighteen~~)) seventeen years of age but has not reached their twenty-sixth birthday, is a resident of the state, and who is not for medical, legal, or psychological reasons incapable of service. Efforts shall be made to enroll youths who are economically, socially, physically, or educationally disadvantaged. The commissioner may enroll a limited number of special participants over the age of twenty-five so that the program can draw on their special skills or life experiences to fulfill the purposes of this chapter. The commissioner may prescribe such additional standards and procedures in consultation with supervising agencies as may be necessary in conformance with this chapter. In addition, the commissioner may select and enroll youth fourteen to seventeen years of age on special projects during the summer and at other times during the school year that may complement and support their school curriculum ((~~or that link and support service with learning~~)) by linking learning with service while focusing on participant learning outcomes that may lead to awarding of educational credit.

Sec. 308. RCW 50.65.065 and 1993 c 302 s 4 are each amended to read as follows:

For each enrollee, the work agreements, or combination of work agreements, developed under RCW 50.65.060 shall:

(1) Include a variety of experiences ((~~consisting of~~)) such as: Indoor activities; outdoor activities; and volunteer activities;

(2) Provide time for participation in a core training program common to all participants.

NEW SECTION. Sec. 309. The sum of three million eight hundred fifty-three thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund‑-state to the department of community development for the purposes of section 303 of this act.

NEW SECTION. Sec. 310. The sum of seven hundred seventy-four thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund‑-federal to the department of community development for the purposes of section 303 of this act.

NEW SECTION. Sec. 311. The sum of six hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund‑-state to the department of community development for the purposes of section 304 of this act.

NEW SECTION. Sec. 312. The sum of one million one hundred twenty-four thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund‑-state to the employment security department for the purposes of section 305 of this act.

NEW SECTION. Sec. 313. RCW 50.65.150 and 1993 c 302 s 5 are each repealed.

PART IV - PUBLIC SAFETY

Sec. 401. 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.

(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, burglary in the second degree, and robbery in the second degree;

(b) Any conviction or adjudication for a felony offense in effect at any time prior to July 1, 1976, 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) "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 or a person engaged in buying and offering for sale ten or more pistols in a twelve-month period.

(5) "Dangerous weapon" means a weapon, device, instrument, material, or substance that, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or substantial bodily harm, including but not limited to any firearm, dagger, dirk, sword, knife or other cutting or stabbing instrument, club, nun-chu-ka sticks, throwing star, slung shot, slingshot, sand club, metal knuckles, blackjack, or billy club.

(6) "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.

(7) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

(8) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

(9) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

(10) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

(11) "Semiautomatic firearm" means any repeating firearm that utilizes a portion of the energy of a firing shell or cartridge to extract the firing shell or cartridge case and chamber the next round, and that requires a separate pull of the trigger to fire each shell or cartridge.

(12) "Assault weapon" means any of the following:

(a) Any semiautomatic firearms or replicas or duplicates of semiautomatic firearms known as:

(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

(ii) Action Arms Israeli Military Industries UZI and Galil;

(iii) Beretta AR-70 (SC-70);

(iv) Colt AR 15 and Spotar;

(v) Fabrique Nationale FN/FAL, FN/LAR, and FNC;

(vi) MAC 10, M-10, MAC 11, and M-11;

(vii) Steyr AUG;

(viii) INTRATEC TEC-9, TEC-DC-9, and TEC-22; and

(ix) Revolving cylinder shotguns such as, or similar to, the Street Sweeper and Striker 12.

(b) A semiautomatic rifle capable of accepting a detachable magazine and that has at least two of the following physical characteristics:

(i) A folding or telescoping stock;

(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) A bayonet mount;

(iv) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; or

(v) A grenade launcher.

(c) A semiautomatic pistol capable of accepting a detachable magazine and that has at least two of the following physical characteristics:

(i) An ammunition magazine that attaches to the pistol outside of the pistol grip;

(ii) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer;

(iii) A shroud that is attached to or partially or completely encircles the barrel and that permits a person to hold the firearm with the nontrigger hand without being burned; or

(iv) A manufactured weight of fifty or more ounces when the firearm is loaded.

(d) A semiautomatic shotgun capable of accepting a detachable magazine and which has either a folding or telescoping stock, or a pistol grip that protrudes conspicuously beneath the action of the weapon.

Sec. 402. 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((,)): (a) Having previously been convicted or, as a juvenile, adjudicated in this state or elsewhere of a ((~~crime of violence~~)) most serious offense as defined in RCW 9.94A.030 or of a felony, gross misdemeanor, or misdemeanor in which a firearm was used or displayed, the person owns or has in his or her possession any ((~~short firearm or~~)) pistol; or (b) the person is under the age of eighteen years and in possession of any pistol, except as provided in RCW 9.41.240.

(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. 403. 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. 404. 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. 405. 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~~)) sixty 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~~)) ninety days after the filing of the application to determine the applicant's residency for the purposes of this section. The issuing authority shall issue a license to an otherwise qualified applicant within the time limits provided in this section unless the issuing authority discovers an unresolved criminal charge, in which case an additional sixty days is allowed. However, the issuing agency must notify the applicant in writing of the additional delay and clearly state the reasons for the additional delay. 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

(d) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a ((~~crime of violence~~)) most serious offense as defined in RCW 9.94A.030; 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 or as a juvenile adjudicated 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)) felony, of any criminal violation under chapter 26.50 RCW; or of driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug. 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~~)) ten years 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) 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 except as otherwise prohibited by this chapter.

(3) 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) 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)~~)) (b) On the ((~~third~~)) second 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) 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. The license shall be in triplicate, in form to be prescribed by the department of licensing, and shall bear the name, address, and 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 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 and whether he or she has been required to register with the state or federal government and any 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.

The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent by registered mail to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing ((~~said~~)) the license.

(6) The fee for the original issuance of a four‑year license shall be twenty‑three 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 dollars shall be paid to the agency taking the fingerprints of the person licensed;

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

(7) The fee for the renewal of such license shall be fifteen 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 dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and

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

(9) 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) 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) Notwithstanding the requirements of subsections (1) through (9) 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) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision 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 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.

(12) A person who knowingly makes a false statement regarding citizenship, identity, or other required information on an application for a concealed pistol license is guilty of a gross misdemeanor and upon conviction is subject to a fine of up to one thousand dollars for each violation and up to one year in jail.

Sec. 406. RCW 9.41.080 and 1935 c 172 s 8 are each amended to read as follows:

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 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~~)) any person otherwise prohibited from possessing a pistol under RCW 9.41.040 and in no case may a person make such delivery without personal knowledge or clear evidence of the identity and age of the person receiving the pistol.

Sec. 407. 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~~)) may deliver a pistol to the purchaser thereof until:

(a) The purchaser produces a valid concealed pistol license and the commercial seller 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 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; or

(c) Five consecutive days including 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 be unloaded. 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 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 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~~)) most serious offense as defined in RCW 9.94A.030, or (e) an arrest for a ((~~crime of violence~~)) most serious offense as defined in RCW 9.94A.030 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~~)) sixty days in order to confirm existing records in this state or elsewhere. After ((~~thirty~~)) sixty days, the hold will be lifted unless an extension of the ((~~thirty~~)) sixty 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 an application containing his or her full name, address, place of birth, and 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 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 wildlife or 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 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 is a resident. The seller shall deliver the pistol to the purchaser following the period of time specified in this section unless the seller 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, or other required information on the application to purchase a pistol is guilty of a gross misdemeanor and upon conviction is subject to a fine of up to one thousand dollars for each violation and up to one year in jail.

Sec. 408. RCW 9.41.110 and 1979 c 158 s 2 are each amended to read as follows:

(1) No commercial seller 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. Any person violating this subsection is guilty of a gross misdemeanor and upon conviction is subject to a fine of up to one thousand dollars for each violation and up to one year in jail.

(2) 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 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.

((~~(1)~~)) (3)(a) The business shall be carried on only in the building designated in the license or at temporary locations as approved by the issuing authority for occasional sales.

((~~(2)~~)) (b) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises or temporary location 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, nor ((~~(b) shall~~)) may a pistol be sold under any circumstances unless the purchaser is personally known to the seller or shall present clear evidence of his or her identity.

((~~(4)~~)) (d) 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 or she has never been convicted in this state or elsewhere of a ((~~crime of violence~~)) most serious offense as defined in RCW 9.94A.030 and is eligible to possess a pistol under RCW 9.41.040. 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)~~)) (e) The license fee shall be five dollars, which shall be paid into the state treasury.

(4) This section shall not apply to sales at wholesale.

((~~(6)~~)) (5) 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.

((~~(7)~~)) (6) 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. 409. 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~~)) dangerous 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. 410. 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 possession or under control, any machine gun, assault weapon, short-barreled shotgun, or short-barreled rifle, or any part thereof capable of use; or assembling or repairing any machine gun((~~: PROVIDED, HOWEVER, That such limitation~~)), assault weapon, short-barreled shotgun, or short-barreled rifle.

(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~~)); 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, repair, 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.

Sec. 411. RCW 9.41.220 and 1933 c 64 s 4 are each amended to read as follows:

All machine guns, assault weapons, short-barreled shotguns, or short-barreled rifles, or parts thereof, illegally held or illegally possessed are hereby declared to be contraband, and it shall be the duty of all peace officers, and/or any officer or member of the armed forces of the United States or the state of Washington, to seize said machine gun, or parts thereof, wherever and whenever found.

Sec. 412. RCW 9.41.240 and 1971 c 34 s 1 are each amended to read as follows:

(1) No minor under the age of fourteen years ((~~shall~~)) may handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her 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. Every person violating ((~~any of the foregoing provisions~~)) this subsection, or aiding or knowingly permitting any such minor to violate ((~~the same~~)) this subsection, shall be guilty of a misdemeanor.

(2) No person under the age of eighteen years may handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her 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 pistol. Any person violating this subsection shall be guilty of a class C felony and, in addition to any other penalties imposed, shall serve a minimum of ten days of confinement.

(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 or to any person, including an employee of such person, who or which is exempt from or licensed under the National Firearms Act (26 U.S.C. Sec. 5801 et seq.), and engaged in the production, manufacture, repair, 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.

Sec. 413. RCW 9.41.250 and 1959 c 143 s 1 are each amended to read as follows:

Every person who shall manufacture, sell, or dispose of or have in his or her possession any instrument or 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 misdemeanor.

Sec. 414. 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. 415. 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 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,~~)) dangerous 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 or to use any contrivance or device for suppressing the noise of any firearm.

(2) ((~~Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor~~)) It is a class C felony to willfully discharge or threaten to discharge any firearm, air gun, or other weapon, or throw any deadly missile in a public place, or in any place where any person might be endangered thereby, although no injury result.

(3) It is a misdemeanor to furtively carry with intent to conceal any dangerous weapon.

(4) 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;

(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. 416. 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 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.

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 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 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.

Sec. 417. RCW 9.41.300 and 1993 c 396 s 1 are each amended to read as follows:

(1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon:

(a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii) charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020, (iii) held for extradition or as a material witness, or (iv) otherwise confined pursuant to an order of a court, except an order under chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;

(b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b).

In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for ((~~short firearms~~)) pistols and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of the building. The locked box or designated official shall be located within the same building used in connection with court proceedings. The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with an official during the owner's visit to restricted areas of the building.

The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas;

(c) The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public; or

(d) That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age.

(2) Notwithstanding RCW 9.41.290, cities, towns, counties, and other municipalities may enact laws and ordinances:

(a) Restricting the display or discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and

(b) Restricting the possession of firearms in any park, stadium ((or)), convention center, or other public facility, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:

(i) Any ((~~firearm~~)) pistol in the possession of a person licensed under RCW 9.41.070; or

(ii) Any showing, demonstration, or lecture involving the exhibition of firearms.

(3) The perimeter of the premises of any specific location covered by subsection (1) or (2) of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.

(4) Subsections (1) and (2) of this section ((~~does~~)) do not apply to:

(a) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;

(b) Law enforcement personnel; or

(5) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm. The person may reclaim the firearms upon leaving but must immediately and directly depart from the place or facility.

(6) Subsection (1)(c) of this section does not apply to any administrator or employee of the facility or to any person who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises.

(7) Subsection (1)(d) of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment.

(8) Any person violating subsection (1) of this section is guilty of a misdemeanor.

(9) "Weapon" as used in this section means any firearm, explosive as defined in RCW 70.74.010, or instrument or weapon listed in RCW 9.41.250.

NEW SECTION. Sec. 418. A new section is added to chapter 9.41 RCW to read as follows:

(1) The advisory panel on assault weapons is established.

(2) The panel shall advise the legislature on current technology, information, and data related to assault weapons or firearms that the panel believes should be considered assault weapons for the purposes of this chapter and shall make recommendations to the legislature regarding any proposed changes to the current roster of assault weapons contained in this chapter.

(3) The panel shall consist of nine members appointed by the governor.

(4) The members of the panel shall include:

(a) A representative of the Washington association of sheriffs and police chiefs, who shall serve as chair;

(b) A representative of the national rifle association or its affiliated state organization, or of a similar citizens' group, who resides in Washington state;

(d) A representative of pistol dealers, manufacturers, or gunsmiths;

(e) One state representative;

(f) One state senator; and

(g) Three citizens.

(5) The panel shall meet at least twice annually at the request of the chair or by request of a majority of the members.

(6) The panel shall consider the following characteristics of a semiautomatic firearm, with no undue weight given to any one characteristic, in determining whether to recommend listing it as an assault weapon:

(a) Concealability;

(b) Detectability by standard security equipment;

(d) Quality;

(e) Safety;

(f) Caliber;

(g) Utility for legitimate sporting activities or self-protection.

(7) Nothing in this section may be construed as requiring the panel to test any firearm or have any firearm tested at the panel's expense.

NEW SECTION. Sec. 419. Any person voluntarily surrendering an assault weapon to the chief of police or county sheriff in the city or county of the person's residence within ninety days of the effective date of this section shall be immune from prosecution for the possession of that assault weapon. The police chief or sheriff shall make a determination of the fair market value of any assault weapon surrendered within ninety days of the effective date of this section and shall pay the owner of any assault weapon so surrendered the fair market value of the assault weapon or two hundred dollars, whichever is less.

Sec. 420. RCW 9.94A.040 and 1986 c 257 s 18 are each amended to read as follows:

(1) A sentencing guidelines commission is established as an agency of state government.

(2) The commission shall, following a public hearing or hearings:

(a) Devise a series of recommended standard sentence ranges for all felony offenses and a system for determining which range of punishment applies to each offender based on the extent and nature of the offender's criminal history, if any;

(b) Devise recommended prosecuting standards in respect to charging of offenses and plea agreements; and

(3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community service, and a fine.

(4) In devising the standard sentence ranges of total and partial confinement under this section, the commission is subject to the following limitations:

(a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

(b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range; and

(c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.020.

(5) In carrying out its duties under subsection (2) of this section, the commission shall give consideration to the existing guidelines adopted by the association of superior court judges and the Washington association of prosecuting attorneys and the experience gained through use of those guidelines. The commission shall emphasize confinement for the violent offender and alternatives to total confinement for the nonviolent offender.

(6) This commission shall conduct a study to determine the capacity of correctional facilities and programs which are or will be available. While the commission need not consider such capacity in arriving at its recommendations, the commission shall project whether the implementation of its recommendations would result in exceeding such capacity. If the commission finds that this result would probably occur, then the commission shall prepare an additional list of standard sentences which shall be consistent with such capacity.

(7) The commission may recommend to the legislature revisions or modifications to the standard sentence ranges and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity.

(8) The commission shall study the existing criminal code and from time to time make recommendations to the legislature for modification.

(9) The commission, in conjunction with the juvenile disposition standards commission established under RCW 13.40.027, shall develop a youthful offender sentencing option for violent and repeat nonviolent youthful offenders. In developing such an option, the commission shall consider, at a minimum: (a) The broadest range of potential options from the perspective of jurisdiction, programs, placement, offender review, and community reintegration; (b) the effectiveness of such programs in other states; (c) the program, operation, fiscal, and population impacts to the department of corrections and the department of social and health services; and (d) the potential for racial disproportionality and procedures to minimize or avoid such impact on minority youth. The commissions shall propose statutory guidelines to the appropriate committees of the legislature by January 1, 1995.

(10) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW((~~, as now existing or hereafter amended~~)).

Sec. 421. 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 "dangerous weapon" under RCW 9.41.010. 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. 422. 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 is (i) a serious violent offense as defined in RCW 9.94A.030 committed by a juvenile sixteen years of age or older or (ii) a violent offense as defined in RCW 9.94A.030 or a class B felony with a finding of sexual motivation as defined in RCW 9.94A.030 committed by a juvenile sixteen years of age or older who, prior to the offense alleged, has been convicted or as a juvenile adjudicated on at least one separate occasion, whether in this state or elsewhere, of a felony that under the laws of this state would be considered a violent offense as provided in RCW 9.94A.030 or a class B felony with a finding of sexual motivation as provided in RCW 9.94A.030. The juvenile, the prosecutor, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to order the case transferred for prosecution in juvenile court and the matter shall be set for hearing on the question of declining jurisdiction. The court after a decline hearing may order the case transferred for juvenile prosecution upon a finding that the declination would be in the best interests of the juvenile or the public. The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel, with particular attention paid to issues of racial disproportionality. When the juvenile is transferred for juvenile prosecution or retained for criminal prosecution, the court shall set forth in writing its finding, which shall be supported by relevant facts and opinions produced at the hearing; or

(d) 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;

(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. 423. 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;

(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, custody under community reintegration status, 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;

(d) Three gross misdemeanors;

(e) One class C felony except manslaughter in the second degree or possession of a pistol 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. 424. RCW 13.40.027 and 1993 c 415 s 9 are each amended to read as follows:

(1) It is the responsibility of the commission to: (a)(i) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally, (ii) specifically review the guidelines relating to the confinement of minor and first offenders as well as the use of diversion, and (iii) review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth; (b) solicit the comments and suggestions of the juvenile justice community concerning disposition standards; ((~~and~~)) (c) make recommendations to the legislature regarding revisions or modifications of the disposition standards in accordance with RCW 13.40.030; and (d) in conjunction with the sentencing guidelines commission established under RCW 9.94A.040, develop a youthful offender sentencing option for violent and repeat nonviolent youthful offenders. In developing such an option, the commission shall consider, at a minimum: (i) The broadest range of potential options from the perspective of jurisdiction, programs, placement, offender review, and community reintegration; (ii) the effectiveness of such programs in other states; (iii) the program, operation, fiscal, and population impacts to the department of corrections and the department of social and health services; and (iv) the potential for racial disproportionality and procedures to minimize or avoid such impact on minority youth. The commissions shall propose statutory guidelines to the appropriate committees of the legislature by January 1, 1995. The evaluations shall be submitted to the legislature on December 1 of each even-numbered year thereafter.

(2) It is the responsibility of the department to: (a) Provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders; (b) at the request of the commission, provide technical and administrative assistance to the commission in the performance of its responsibilities; and (c) provide the commission and legislature with recommendations for modification of the disposition standards.

NEW SECTION. Sec. 425. A new section is added to chapter 13.40 RCW to read as follows:

(1) Juvenile offenders serving a term of confinement under the supervision of the department may, under specific conditions, be transferred from physical custody after serving eighty percent of the minimum term of confinement, but no sooner than sixty days prior to the minimum term of confinement, if the department determines the community and the juvenile will benefit from a period of community reintegration.

(2) Juvenile offenders may be transferred to community reintegration status after completing eighty percent of the minimum term of confinement, but no sooner than sixty days prior to the minimum term of confinement, provided they:

(a) Pass a risk assessment process conducted by the department; and

(b) Have an appropriate residence.

(3) Juvenile offenders may be transferred to community reintegration status after completing one hundred percent of the minimum term of confinement, provided they have an appropriate residence.

(4) Juvenile offenders transferred to community reintegration status, pursuant to a written community case plan, may be required to:

(a) Reside at a specific address and be present at the address during specified hours;

(b) Submit to at least thirty days on electronic monitoring;

(d) Participate in training, education, and employment programs;

(e) Undergo available medical, psychiatric, and offense treatment services;

(f) Report at least once a week to an assigned community case manager;

(g) Not pose a threat to public safety and obey all laws; and

(h) Meet other requirements imposed by the community case manager related to community reintegration.

(5) Community reintegration shall extend to the maximum term of confinement.

(6) A juvenile offender's involvement on community reintegration may be terminated at the department's discretion and the offender may be returned to a secure facility.

(7) All juveniles placed on community reintegration status are subject to the requirements set forth in RCW 9A.44.130 and 13.40.215.

(8) Prior to the transfer to community reintegration status, the department shall give notice of the transfer to the appropriate law enforcement agency in the jurisdiction in which the juvenile will reside. The notice shall include the identity of the juvenile, the time period, the residence of the juvenile, and the identity of the person responsible for supervising the juvenile in the residence.

(9) If requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform the functions under this section.

(10) The department shall, with funds appropriated by the legislature, beginning December 1, 1995, report annually to the legislature on the effectiveness of community reintegration programs. The report shall specifically address the following components:

(a) Cost-effectiveness of the program;

(b) Community acceptance of the program;

(d) Recidivism rates; and

(e) Disproportionate treatment of minority offenders.

Sec. 426. RCW 13.40.040 and 1979 c 155 s 57 are each amended to read as follows:

(1) A juvenile may be taken into custody:

(a) Pursuant to a court order if a complaint is filed with the court alleging, and the court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; or

(b) Without a court order, by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances. Admission to, and continued custody in, a court detention facility shall be governed by subsection (2) of this section; or

(d) Without a court order, where the secretary or the secretary's designee has suspended the parole ((~~of a~~)) or terminated the juvenile ((~~offender~~)) offender's involvement in community reintegration.

(2) A juvenile may not be held in detention unless there is probable cause to believe that:

(a) The juvenile has committed an offense or has violated the terms of a disposition order; and

(i) The juvenile will likely fail to appear for further proceedings; or

(ii) Detention is required to protect the juvenile from himself or herself; or

(iii) The juvenile is a threat to community safety; or

(iv) The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or

(v) The juvenile has committed a crime while another case was pending; or

(b) The juvenile is a fugitive from justice; or

(d) The juvenile is a material witness.

(3) Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the court may order continued detention pending further order of the court.

(4) A juvenile detained under this section may be released upon posting bond set by the court. A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance. The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed. Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping.

Sec. 427. 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 Weapon Other

than Pistol (9.41.250) E

C Possession of Pistol (9.41.240) D

D Intimidating Another Person by use

of 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 16 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 40-55 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

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.

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. If the court finds that the juvenile was armed with a firearm, as defined in RCW 9.41.010, in the commission of the offense, the court shall add the following sentencing enhancement: (i) 26 weeks for class A felonies; (ii) 16 weeks for class B felonies; and (iii) 12 weeks for class C felonies. If the court finds that the juvenile violated RCW 9.41.240(2), the juvenile shall serve a minimum of ten days of confinement.

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

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~~)).

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. If the court finds that the juvenile was armed with a firearm, as defined in RCW 9.41.010, in the commission of the offense, the court shall add the following sentencing enhancement: (i) 26 weeks for class A felonies; (ii) 16 weeks for class B felonies; and (iii) 12 weeks for class C felonies. If the court finds that the juvenile violated RCW 9.41.240(2), the juvenile shall serve a minimum of ten days of confinement.

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

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. 428. 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 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 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 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 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; (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; (f) be present at a specific residence or location during certain designated hours; and (g) be subject to electronic monitoring. After termination of the parole period, the juvenile shall be discharged from the department's supervision.

(4) 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) Continued supervision under the same conditions previously imposed; (b) intensified supervision with increased reporting requirements; (c) additional conditions of supervision authorized by this chapter; (d) except as provided in (e) 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) 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.

(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 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.

NEW SECTION. Sec. 429. The definitions set forth in this section apply throughout this chapter.

(1) "Child" means a person under eighteen years of age.

(2) "Firearm" means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

(3) "Law enforcement officer" means an officer, agent, or employee of Washington state or a political subdivision of the state, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of a violation of law.

(4) "Locking device" means a padlock, keylock, combination lock, or similar locking device that, when the device is locked on, around, or in the firearm, prevents the firearm from functioning.

NEW SECTION. Sec. 430. (1) A person suffering bodily injury or death as a result of the discharge of a firearm may bring an action in any court against any permissible defendant for damages and such other relief as the court deems appropriate.

(2) For the purposes of this chapter an individual owner of a firearm that was stored loaded where a child obtained access that resulted in bodily injury or death is a permissible defendant.

NEW SECTION. Sec. 431. (1) Each defendant in an action brought under section 430 of this act may be held strictly liable in tort, without regard to fault or proof of defect, for all direct and consequential damages that arise from bodily injury or death proximately resulting from the discharge of the firearm with respect to which the defendant is a permissible defendant, except as provided in subsection (2) of this section.

(2) Subsection (1) of this section does not apply whenever any of the following occurs:

(a) The child obtains the firearm as a result of an illegal act by any person;

(b) The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure;

(c) The firearm is carried on the person or within such a close proximity thereto so that the individual can readily retrieve and use the firearm as if carried on the person;

(d) The firearm is equipped with a locking device;

(e) The defendant is a law enforcement officer or a member of the armed forces or national guard and the child obtains the firearm during, or incidental to, the performance of the person's duties;

(f) The child obtained, or obtained and discharged, the firearm in a lawful act of self-defense or defense of another person or persons;

(g) The defendant who kept a loaded firearm on a premise that was under his or her custody or control had no reasonable expectation, based on objective facts and circumstances, that a child was likely to be present on the premise.

(3) There is no liability under subsection (1) of this section if it is established by a preponderance of the evidence that:

(a) The plaintiff suffered the injury while committing a crime punishable by imprisonment for a term exceeding one year;

(b) The plaintiff's injury was self-inflicted;

(c) The injury was suffered as a result of the discharge, by a law enforcement officer in the performance of official duties, of a firearm issued by Washington state or a department or agency or political subdivision of the state;

(d) The injury was suffered as a result of the discharge, by a member of the armed forces of the United States in the performance of military duties, of a firearm issued by the United States or a department or agency of the United States.

(4) In an action brought under this section, the court may allow the prevailing party a reasonable attorney's fee as part of the costs.

NEW SECTION. Sec. 432. This chapter may not be construed to limit the scope of any other cause of action available to a person injured as a result of the discharge of a firearm.

NEW SECTION. Sec. 433. Sections 429 through 432 of this act shall constitute a new chapter in Title 7 RCW.

NEW SECTION. Sec. 434. RCW 9.41.160 shall be recodified within chapter 9.41 RCW to follow RCW 9.41.310.

NEW SECTION. Sec. 435. 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.

NEW SECTION. Sec. 436. The sum of three hundred fifteen thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the public safety and education account to the criminal justice training commission subject to the following condition and limitations: Fifteen thousand dollars is provided solely to support the activities of the advisory panel on assault weapons pursuant to section 418 of this act, and three hundred thousand dollars is provided solely for implementation of section 419 of this act.

NEW SECTION. Sec. 437. The sum of two million one hundred eighty-eight thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund‑-state to the department of social and health services for the purposes of section 425 of this act.

PART V - MISCELLANEOUS

NEW SECTION. Sec. 501. This act may be known and cited as the youth violence prevention and community safety act.

NEW SECTION. Sec. 502. Part headings and the table of contents as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 503. 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. 504. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately, except for section 301 of this act, which shall take effect July 1, 1994.