Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Criminal Justice & Corrections Committee

HB 1604

Brief Description:  Restricting weapons in hospitals.

Sponsors:  Representatives Schual‑Berke, Ballasiotes, O'Brien, Skinner, Campbell, Keiser, Ogden, Cody, Kenney, Kagi, Lovick, Edmonds, Darneille and Santos.

Brief Summary of Bill

$With a few exceptions, makes it is a gross misdemeanor to knowingly possess or control a weapon in any building licensed as a hospital.

Hearing Date:  2/16/01

Staff:  Katy Freeman (786‑7386).

Background: 

It is a gross misdemeanor to knowingly possess or control a weapon in a variety of places, such as:

$restricted areas of jails;

$restricted areas of court facilities;

$restricted areas of public mental health facilities; and

$portions of establishments classified as off‑limits to persons under 21 years of age by the state Liquor Control Board.

The restricted areas do not include common areas of entering and exiting which are open to the general public.

Certain persons, however, may knowingly possess or control a weapon in these places, including:

$persons engaged in official military duties;

$law enforcement personnel;

$security personnel while engaged in official duties; and

$any administrator or employee of a mental health facility or state institution, or any other person who, upon entering the facility or institution, directly and promptly obtains written permission to possess a firearm while on the premises. 

A weapon is any firearm, explosive, or instrument such as a slung shot, sand club, metal knuckles, and various types of knives. 

There is no prohibition for bringing weapons into a hospital.

A gross misdemeanor carries a maximum sentence of one year of incarceration, a fine of $5,000, or both.

Summary of Bill: 

With a few exceptions, it is a gross misdemeanor to knowingly possess or control a weapon in any building licensed as a hospital.  The restricted areas of a hospital do not include common areas of entering or exiting open to the general public.

The prohibition does not apply to any administrator or employee of a hospital or to any person who, upon entering the hospital, directly and promptly obtains written permission to possess the firearm while on the premises.  Additionally, a person may possess a pistol while in a hospital if he or she carries a valid concealed pistol license.

Appropriation:  None.

Fiscal Note:  Requested on February 7, 2001.

Effective Date:  Ninety days after adjournment of session in which bill is passed.