H 0427

H‑0427.1 _____________________________________________

HOUSE BILL 1226

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Representatives O'Brien, Ballasiotes, Cody, Keiser, Wood, Dickerson, Kirby, Kagi, Kenney, McIntire, Schual‑Berke, Edwards, Darneille and Edmonds

Read first time 01/22/2001. Referred to Committee on Judiciary.

_1 AN ACT Relating to prohibiting firearms and other dangerous

_2 weapons on the premises of preschools and day-care facilities; and

_3 amending RCW 9.41.280.

_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5 Sec. 1. RCW 9.41.280 and 1999 c 167 s 1 are each amended to read

_6 as follows:

_7 (1) It is unlawful for a person to carry onto, or to possess

_8 on, public or private elementary or secondary school premises,

_9 school-provided transportation, ((or)) areas of facilities while

10 being used exclusively by public or private schools, or the

11 premises of public or private preschools or day-care facilities:

12 (a) Any firearm;

13 (b) Any other dangerous weapon as defined in RCW 9.41.250;

14 (c) Any device commonly known as "nun-chu-ka sticks",

15 consisting of two or more lengths of wood, metal, plastic, or

16 similar substance connected with wire, rope, or other means;

17 (d) Any device, commonly known as "throwing stars", which are

18 multi-pointed, metal objects designed to embed upon impact from

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_1 any aspect; or

_2 (e) Any air gun, including any air pistol or air rifle,

_3 designed to propel a BB, pellet, or other projectile by the

_4 discharge of compressed air, carbon dioxide, or other gas.

_5 (2) Any such person violating subsection (1) of this section is

_6 guilty of a gross misdemeanor. If any person is convicted of a

_7 violation of subsection (1)(a) of this section, the person shall

_8 have his or her concealed pistol license, if any revoked for a

_9 period of three years. Anyone convicted under this subsection is

10 prohibited from applying for a concealed pistol license for a

11 period of three years. The court shall send notice of the

12 revocation to the department of licensing, and the city, town, or

13 county which issued the license.

14 Any violation of subsection (1) of this section by elementary

15 or secondary school students constitutes grounds for expulsion

16 from the state's public schools in accordance with RCW

17 28A.600.010. An appropriate school authority shall promptly notify

18 law enforcement and the student's parent or guardian regarding any

19 allegation or indication of such violation.

20 Upon the arrest of a person at least twelve years of age and

21 not more than twenty-one years of age for violating subsection

22 (1)(a) of this section, the person shall be detained or confined

23 in a juvenile or adult facility for up to seventy-two hours. The

24 person shall not be released within the seventy-two hours until

25 after the person has been examined and evaluated by the county-

26 designated mental health professional unless the court in its

27 discretion releases the person sooner after a determination

28 regarding probable cause or on probation bond or bail.

29 Within twenty-four hours of the arrest, the arresting law

30 enforcement agency shall refer the person to the county-designated

31 mental health professional for examination and evaluation under

32 chapter 71.05 or 71.34 RCW and inform a parent or guardian of the

33 person of the arrest, detention, and examination. The county-

34 designated mental health professional shall examine and evaluate

35 the person subject to the provisions of chapter 71.05 or 71.34

36 RCW. The examination shall occur at the facility in which the

37 person is detained or confined. If the person has been released on

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_1 probation, bond, or bail, the examination shall occur wherever is

_2 appropriate.

_3 The county-designated mental health professional may determine

_4 whether to refer the person to the county-designated chemical

_5 dependency specialist for examination and evaluation in accordance

_6 with chapter 70.96A RCW. The county-designated chemical dependency

_7 specialist shall examine the person subject to the provisions of

_8 chapter 70.96A RCW. The examination shall occur at the facility in

_9 which the person is detained or confined. If the person has been

10 released on probation, bond, or bail, the examination shall occur

11 wherever is appropriate.

12 Upon completion of any examination by the county-designated

13 mental health professional or the county-designated chemical

14 dependency specialist, the results of the examination shall be

15 sent to the court, and the court shall consider those results in

16 making any determination about the person.

17 The county-designated mental health professional and county-

18 designated chemical dependency specialist shall, to the extent

19 permitted by law, notify a parent or guardian of the person that

20 an examination and evaluation has taken place and the results of

21 the examination. Nothing in this subsection prohibits the delivery

22 of additional, appropriate mental health examinations to the

23 person while the person is detained or confined.

24 If the county-designated mental health professional determines

25 it is appropriate, the county-designated mental health

26 professional may refer the person to the local regional support

27 network for follow-up services or the department of social and

28 health services or other community providers for other services to

29 the family and individual.

30 (3) Subsection (1) of this section does not apply to:

31 (a) Any student or employee of a private military academy when

32 on the property of the academy;

33 (b) Any person engaged in military, law enforcement, or school

34 district security activities;

35 (c) Any person who is involved in a convention, showing,

36 demonstration, lecture, or firearms safety course authorized by

37 school authorities in which the firearms of collectors or

38 instructors are handled or displayed;

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_1 (d) Any person while the person is participating in a firearms

_2 or air gun competition approved by the school or school district;

_3 (e) Any person in possession of a pistol who has been issued a

_4 license under RCW 9.41.070, or is exempt from the licensing

_5 requirement by RCW 9.41.060, while picking up or dropping off a

_6 student;

_7 (f) Any nonstudent at least eighteen years of age legally in

_8 possession of a firearm or dangerous weapon that is secured within

_9 an attended vehicle or concealed from view within a locked

10 unattended vehicle while conducting legitimate business at the

11 school;

12 (g) Any nonstudent at least eighteen years of age who is in

13 lawful possession of an unloaded firearm, secured in a vehicle

14 while conducting legitimate business at the school; or

15 (h) Any law enforcement officer of the federal, state, or local

16 government agency.

17 (4) Subsections (1)(c) and (d) of this section do not apply to

18 any person who possesses nun-chu-ka sticks, throwing stars, or

19 other dangerous weapons to be used in martial arts classes

20 authorized to be conducted on the school premises.

21 (5) Except as provided in subsection (3)(b), (c), (f), and (h)

22 of this section, firearms are not permitted in a public or private

23 school building.

24 (6) "GUN-FREE ZONE" signs shall be posted around school

25 facilities giving warning of the prohibition of the possession of

26 firearms on school grounds.

27 (7) For the purposes of this section, "day-care facility" means

28 a child day-care center or a family day-care provider licensed

29 under chapter 74.15 RCW.

‑‑‑ END ‑‑‑

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