AN ACT Relating to
drug-free zones in publicly owned or publicly operated civic centers; amending
RCW 69.50.435; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds that
a large number of illegal drug transactions occur in or near publicly owned
places used for recreational, educational, and cultural purposes. The
legislature also finds that this activity places the people using these
facilities at risk for drug-related crimes, discourages the use of
recreational, educational, and cultural facilities, blights the economic
development around these facilities, and increases the general level of fear
among the residents of the areas surrounding these facilities. The intent of
the legislature is to allow local governments to designate a perimeter of one
thousand feet around publicly owned places used primarily for recreation,
education, and cultural activities as drug-free zones.
Sec. 2. RCW 69.50.435 and 1991 c
32 s 4 are each amended to read as follows:
(a) Any person who
violates RCW 69.50.401(a) by manufacturing, selling, delivering, or possessing
with the intent to manufacture, sell, or deliver a controlled substance listed
under that subsection or who violates RCW 69.50.410 by selling for profit any
controlled substance or counterfeit substance classified in schedule I, RCW
69.50.204, except leaves and flowering tops of marihuana to a person:
(1) In a school
((or));
(2) On a school
bus ((or));
(3) Within one
thousand feet of a school bus route stop designated by the school district ((or));
(4) Within one
thousand feet of the perimeter of the school grounds((,));
(5) In a public
park ((or));
(6) On a public
transit vehicle((, or));
(7) In a public
transit stop shelter;
(8) At a civic
center designated as a drug-free zone by the local governing authority; or
(9) Within one
thousand feet of the perimeter of a facility designated under (8) of this
subsection, if the local governing authority specifically designates the one
thousand foot perimeter
may be punished by a fine
of up to twice the fine otherwise authorized by this chapter, but not including
twice the fine authorized by RCW 69.50.406, or by imprisonment of up to twice
the imprisonment otherwise authorized by this chapter, but not including twice
the imprisonment authorized by RCW 69.50.406, or by both such fine and
imprisonment. The provisions of this section shall not operate to more than
double the fine or imprisonment otherwise authorized by this chapter for an
offense.
(b) It is not a defense
to a prosecution for a violation of this section that the person was unaware
that the prohibited conduct took place while in a school or school bus or
within one thousand feet of the school or school bus route stop, in a public
park, on a public transit vehicle, ((or)) in a public transit stop
shelter, at a civic center designated as a drug-free zone by the local
governing authority, or within one thousand feet of the perimeter of a facility
designated under subsection (a)(8) of this section, if the local governing
authority specifically designates the one thousand foot perimeter.
(c) It is not a defense
to a prosecution for a violation of this section or any other prosecution under
this chapter that persons under the age of eighteen were not present in the
school, the school bus, the public park, or the public transit vehicle, or at
the school bus route stop ((or)), the public transit vehicle stop
shelter, at a civic center designated as a drug-free zone by the local
governing authority, or within one thousand feet of the perimeter of a facility
designated under subsection (a)(8) of this section, if the local governing
authority specifically designates the one thousand foot perimeter at the
time of the offense or that school was not in session.
(d) It is an
affirmative defense to a prosecution for a violation of this section that the
prohibited conduct took place entirely within a private residence, that no
person under eighteen years of age or younger was present in such private
residence at any time during the commission of the offense, and that the
prohibited conduct did not involve delivering, manufacturing, selling, or
possessing with the intent to manufacture, sell, or deliver any controlled
substance in RCW 69.50.401(a) for profit. The affirmative defense established
in this section shall be proved by the defendant by a preponderance of the
evidence. This section shall not be construed to establish an affirmative
defense with respect to a prosecution for an offense defined in any other
section of this chapter.
(e) In a prosecution
under this section, a map produced or reproduced by any municipal, school
district, county, or transit authority engineer for the purpose of depicting
the location and boundaries of the area on or within one thousand feet of any
property used for a school, school bus route stop, public park, ((or))
public transit vehicle stop shelter, or a civic center designated as a
drug-free zone by a local governing authority, or a true copy of such a
map, shall under proper authentication, be admissible and shall constitute
prima facie evidence of the location and boundaries of those areas if the
governing body of the municipality, school district, county, or transit
authority has adopted a resolution or ordinance approving the map as the
official location and record of the location and boundaries of the area on or
within one thousand feet of the school, school bus route stop, public park, ((or))
public transit vehicle stop shelter, or civic center designated as a
drug-free zone by a local governing authority. Any map approved under this
section or a true copy of the map shall be filed with the clerk of the
municipality or county, and shall be maintained as an official record of the
municipality or county. This section shall not be construed as precluding the
prosecution from introducing or relying upon any other evidence or testimony to
establish any element of the offense. This section shall not be construed as
precluding the use or admissibility of any map or diagram other than the one
which has been approved by the governing body of a municipality, school
district, county, or transit authority if the map or diagram is otherwise
admissible under court rule.
(f) As used in this
section the following terms have the meanings indicated unless the context
clearly requires otherwise:
(1) "School"
has the meaning under RCW 28A.150.010 or 28A.150.020. The term
"school" also includes a private school approved under RCW
28A.195.010;
(2) "School
bus" means a school bus as defined by the superintendent of public
instruction by rule which is owned and operated by any school district and all
school buses which are privately owned and operated under contract or otherwise
with any school district in the state for the transportation of students. The
term does not include buses operated by common carriers in the urban
transportation of students such as transportation of students through a
municipal transportation system;
(3) "School bus
route stop" means a school bus stop as designated on maps submitted by
school districts to the office of the superintendent of public instruction;
(4) "Public
park" means land, including any facilities or improvements on the land,
that is operated as a park by the state or a local government;
(5) "Public
transit vehicle" means any motor vehicle, street car, train, trolley
vehicle, or any other device, vessel, or vehicle which is owned or operated by
a transit authority and which is used for the purpose of carrying passengers on
a regular schedule;
(6) "Transit
authority" means a city, county, or state transportation system,
transportation authority, public transportation benefit area, public transit
authority, or metropolitan municipal corporation within the state that operates
public transit vehicles;
(7) "Stop
shelter" means a passenger shelter designated by a transit authority;
(8) "Civic
center" means a publicly owned or publicly operated place or facility used
for recreational, educational, or cultural activities.
