AN
ACT Relating to drug-free zones in public housing projects; amending RCW
69.50.435; creating a new section; and prescribing penalties.
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 public housing projects. The legislature also finds that this activity
places the families and children residing in these housing projects at risk for
drug-related crimes and increases the general level of fear among the residents
of the housing project and the areas surrounding these projects. The intent of
the legislature is to allow local governments to designate public housing
projects as drug-free zones.
Sec.
2. RCW
69.50.435 and 1996 c 14 s 2 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;
(2)
On a school bus;
(3)
Within one thousand feet of a school bus route stop designated by the school
district;
(4)
Within one thousand feet of the perimeter of the school grounds;
(5)
In a public park;
(6)
In a public housing project designated by a local governing authority as a
drug-free zone;
(7)
On a public transit vehicle;
(((7)))
(8) In a public transit stop shelter;
(((8)))
(9) At a civic center designated as a drug-free zone by the local
governing authority; or
(((9)))
(10) Within one thousand feet of the perimeter of a facility designated
under (((8))) (9) 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, in a public housing project designated by a local
governing authority as a drug-free zone, on a public transit vehicle, 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))) (9) 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, the public
housing project designated by a local governing authority as a drug-free zone,
or the public transit vehicle, or at the school bus route stop, 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))) (9) 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))
municipality, school district, county, ((or)) transit authority
engineer, or public housing authority 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, public
housing project designated by a local governing authority as a drug-free zone,
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, public housing
project designated by a local governing authority as a drug-free zone,
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, or public housing 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;
(9)
"Public housing project" means the same as "housing
project" as defined in RCW 35.82.020.
