BILL REQ. #:  H-3427.1 

Read first time 01/15/2004.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to eliminating gang-related activities on or near school grounds; adding new sections to chapter 9A.46 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 9A.46 RCW to read as follows:
     The legislature finds that the children of this state have the right to go to and from school in a safe and secure manner without being threatened, intimidated, harassed, confronted, or solicited by gang members and gang activities. Gang-associated violence and sale, use, and possession of illegal drugs and weapons are not appropriate or conducive to a safe learning environment and must be eliminated if student security is to be promoted on and near school grounds and facilities. In addition to physical safety zones, schools should also be gang-free zones that expressly prohibit gang activities on or near school property.

NEW SECTION.  Sec. 2   A new section is added to chapter 9A.46 RCW to read as follows:
     The definitions in this section apply throughout this section and sections 1, 3, and 4 of this act unless the context clearly requires otherwise.
     (1) "Gang" means a group that: (a) Consists of three or more persons; (b) has identifiable leadership or an identifiable name, sign, or symbol; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.
     (2) "Gang-related activity" means any activity that occurs by or within a gang or advances a gang purpose, including threatening, intimidating, harassing, confronting, or soliciting a person who attends or is registered in a public or alternative school with or by means of a criminal act or to participate or engage in a criminal act.

NEW SECTION.  Sec. 3   A new section is added to chapter 9A.46 RCW to read as follows:
     (1) A person is guilty of criminal gang school activity if the person is a gang member and engages in a gang-related activity in or upon the premises or grounds of a public or alternative school, or within five hundred feet of the premises of a public or alternative school.
     (2) Criminal gang school activity is a class C felony.
     (3) The perimeter of the premises or grounds of any school covered by this section shall be posted at reasonable intervals to alert the public as to the existence of this section prohibiting criminal gang school activity on or within five hundred feet of the premises and grounds.

NEW SECTION.  Sec. 4   A new section is added to chapter 9A.46 RCW to read as follows:
     (1) A person is guilty of criminal gang school trespass if the person is a gang member and knowingly enters or remains unlawfully in or upon the premises or grounds of a public or alternative school.
     (2) Criminal gang school trespass is a gross misdemeanor.
     (3) The perimeter of the premises or grounds of any school covered by this section shall be posted at reasonable intervals to alert the public as to the existence of this section prohibiting criminal gang school trespass on the premises and grounds.