S-0855.2 _______________________________________________
SENATE BILL 5785
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State of Washington 56th Legislature 1999 Regular Session
By Senators Honeyford, Horn, Rossi, Sheahan, McCaslin and Oke
Read first time 02/08/1999. Referred to Committee on Judiciary.
AN ACT Relating to minors who make threats on school facilities; amending RCW 9A.46.020; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9A.46.020 and 1997 c 105 s 1 are each amended to read as follows:
(1) A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or
(ii) To cause physical damage to the property of a person other than the actor; or
(iii) To subject the person threatened or any other person to physical confinement or restraint; or
(iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and
(b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out.
(2) A person who harasses another is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW, except that the person is guilty of a class C felony if either of the following applies: (a) The person has previously been convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a no-contact or no-harassment order; or (b) the person harasses another person under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other person, including the publication or unintentional publication to a third party of a list of persons the defendant is going to kill or identifies the persons on the list as deserving to die.
(3) The penalties provided in this section for harassment do not preclude the victim from seeking any other remedy otherwise available under law.
(4) Any person under the age of eighteen arrested on charges of a violation of subsection (1)(a) of this section: (a) That occurs on public or private elementary or secondary school premises, school provided transportation, or areas of facilities being used exclusively by public or private schools for school sponsored activities off the school grounds; or (b) that is directed at a person acting under authority of the school district, including employees and volunteers, shall be detained and confined by the arresting law enforcement agency for a minimum of forty-eight hours unless released from custody by a judicial authority after a determination regarding probable cause or sooner on bail. A judge may not consider bail until an initial assessment has been made and received by the court by the appropriate mental health professional.
Upon arrest of any person under the age of eighteen years on charges of a violation of subsection (1) of this section, the arresting law enforcement agency shall refer the arrested person to the county designated mental health professional under chapter 71.34 RCW.
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